Affordable Housing and Faith-Based Organizations Transactional Clinic
LW.12960 / LW.12961
Professor Vicki Been
Professor Carol Rosenthal
Open to 3L and 2L students
Maximum of 10 students
Year-long course
12 credits*
No prerequisites or co-requisites, but Property, Land Use Law, Real Estate Transactions, and /or Land Use, Housing and Community Development in NYC are helpful.
Course Description
Fieldwork
Students in the clinic will work to gain practical lawyering skills and substantive legal knowledge in the basic regulatory regimes and transactional negotiations faced by faith-based organizations (FBOs) developing land for mixed use or affordable housing. Students will be able to hone their understanding of the law of land use, non-profit corporations, real estate transactions, and constitutional and statutory protections for religion; improve their ability to problem solve, communicate with a variety of people and organizations with an interest in using land owned by FBOs, conduct due diligence about the FBO’s property, analyze what can be developed on the land as-of-right and pursuant to alternative rezonings, variances, or special use permits, draft and review transactional documents, and advocate for the FBO in different venues.
The Clinic will represent FBOs as they (1) determine whether to put any of their land, development rights, or other property to use as affordable housing, (2) evaluate what can be developed on their land as-of-right- and with discretionary approvals; (3) assess how to allocate the risks of development and enter into negotiations over contract terms and agreements with potential buyers, ground lease partners, or development partners, (4) seek the various approvals needed – within their own organization, and from the Attorney General’s Office, and (5) work to secure zoning or other land use approvals and financing packages for the development of affordable housing. We may also be involved in analyzing and advocating with respect to City or State legislative policy issues affecting the development of affordable housing by faith-based organizations, or new regulations from the City’s Housing and Preservation Department.
Seminar
The seminar will include substantive information on topics such as housing economics, the basics of real estate transactions and joint ventures, land use law (with an emphasis on New York City), regulation of charitable organizations, and professional responsibility.
Application Procedure
Students should submit via CAMS the standard application, resume and unofficial transcript. We will not interview students, but will base our ranking on your application materials.
* 6 credits include 3 clinical credits and 3 academic seminar credits per semester.