Not-for-Profit Entities and Concerns Committee (Real Property Law)

The Committee on Not-for-Profit Entities and Concerns was formed to address the legal issues faced by not-for-profits in acquiring, operating and disposing of space.

Not-for-profit entities receive special benefits as owners of real property, but are also subject to greater scrutiny. Not-for-profits buy, sell, lease and operate property in the same manner as business entities and the representation of these entities in real estate matters requires, above all, knowledge of real estate transactions generally. However, not-for-profit entities operate under special statutory rules with respect to real estate. The Committee focuses on the intersection of real property and land use law with the laws governing not-for-profit, tax-exempt entities, including charities, social service organizations, associations, religious corporations, cultural institutions and other not-for-profits. Some examples of the issues the Committee addresses are transfers and financing of real property by not-for-profits, the availability of real property tax exemptions and other public support for the real estate and capital needs of not-for-profit entities, siting and alteration of nonprofit facilities, regulation and enforcement by the State Attorney General, and not-for-profit governance and decision making related to the above.

The Committee meets three times a year, in January, April and October, offering CLE programs (for credit) and the opportunity for discussion with professionals practicing in this arena. The January meeting is typically a 3-hour CLE program offered as part of NYSBA’s Annual Meeting. This program is available to all attorneys. The April and October meetings are shorter business meetings at which free CLE programs are sometimes offered. These meetings are open to Committee members only. The Committee also has published articles in the NY Real Property Law Journal, including an “Outline of Real Estate Issues Affecting New York Not-for-Profit Entities,” which was created and is periodically updated by the Committee. The Committee is actively looking for additional topics and special project ideas from members.

This Committee is for real estate attorneys representing not-for-profit entities; whether as in-house counsel, outside counsel representing only one or two not-for-profits, outside counsel primarily representing not-for-profits, a public sector attorney with oversight of not-for-profit entities and/or their real estate matters, or an attorney who simply wants to learn about real estate and not-for-profits.

Committee membership is open to members of the Real Property Law Section.