21-a Partial Tax Exemption Program – An Update

Brett J. Gottlieb is Special Counsel for Herrick's Real Estate Department where he represents real estate owners, lessees, and developers in the application process for New York City’s real property tax incentives including 421-a, ICIP/ICAP, and FRESH. Brett counsels clients regarding their property tax benefit applications with respect to project eligibility, benefit calculation, benefit planning, and implementation of the exemption or abatement of real property tax in the City of New York.

For the Industrial Commercial Abatement Program (ICAP), Brett counsels owners, developers, architects, and contractors on the ICAP Rules and Law pertaining to applications submitted to the New York City Department of Finance. Additionally, he advises on the Equal Employment Opportunity and Minority/Women Business Owned Enterprise (M/WBE) requirements included within Executive Order 50 of 1980, Executive Order 94 of 1986, Local Law 67 of 2008, and Local Law 102 of 2018 as they pertain to ICAP project before the Department of Small Business Services, Division of Labor Services.

Brett's experience with the 421-a Partial Tax Exemption Program and its successor Affordable New York (421-a(16)) includes counseling clients on project eligibility, rent stabilization, dwelling unit stacking, affordable unit proportionality, building measurement, benefit planning and calculation. Brett assists owners and managing agents with the submission of initial and annual rent registrations to the Division of Homes & Community Renewal (DHCR).

Before joining Herrick, Brett was a partner at Tuchman, Weiss, Liebman & Lindemann, LLP.