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ITEMS NEEDED FOR A 421-A TAX ABATEMENT

REAL PROPERTY TAX LAW SECTION 421-A

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1010 Northern Blvd.
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Suite 308
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Great Neck, NY 11021

Tel: 516.437.3400
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Fax: 516.706.4981

NYC: 212.222.2900
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FLA: 561.214.4889
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421-a Tax Abatement Retainer
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[DOWNLOAD PDF: 421a Retainer Agreement]
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Gary Rosen Law Firm, P.A.
Attorneys at Law
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Admitted: New York, New Jersey, Florida
249-02 Jericho Turnpike, Floral Park, NY 110001
TEL: 516-437-3400 - Long Island | 212-222-2900 - New York City | 561-214-4889 - Florida
FAX: 516-706-4981 - Staff | 212-937-3829 - Gary Rosen
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Date: ______________, 2008
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________________________
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________________________
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RETAINER AGREEMENT
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Project Location: ________________________________________________
Block: __________
Lot: __________
Borough: ____________________
Project Developer: ________________________________________________
Address of Developer: ________________________________________________
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RE: PROPOSED 421-a TAX ABATEMENT APPLICATION
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1. The attorney in this matter is Gary Rosen Law Firm, P.A. hereinafter referred to as ''Attorney,'' whose office address is 249-02 Jericho Turnpike, Floral Park, New York 11001.
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2. The client in this matter is ________________________________________________, hereinafter referred to as ''Client,'' whose address is:
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________________________________________________
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________________________________________________
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________________________________________________
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3. The nature of the services to be rendered by the Attorney to the Client is as follows: PREPARATION OF APPLICATION AND FILING OF SAID APPLICATION FOR 421-A TAX ABATEMENT BENEFITS WITH THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT.
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4. Client agrees to pay Attorney a flat fee of:
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421-A for Four (4) Family Homes: $2,500 per building;
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421-A for Five (5) to Eight (8) Family Homes: $3,500
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421-A for over Eight (8) Family Homes: contact us for pricing
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421-A for buildings or Condominium Projects up to 20 units: (special discount rates if Gary Rosen Law Firm, P.A. prepares the condominium offering plan) $7,500
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421-A for buildings or Condominium Projects 21 to 50 units, (special discount rates if Gary Rosen Law Firm, P.A. prepares the condominium offering plan) $10,000
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$________________ for preparation of the application and for filing each application with the New York City Department of Housing Preservation and Development. Client will pay all application fees due to the City of New York and will pay attorney for any overnight mail charges for submission of documents to the City of New York. Client will provide all documents as required by the New York City Department of Housing Preservation and Development. Client's architect to provide necessary documents required for filing at sole cost to client.
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5. Client will be billed for the following out-of-pocket disbursements for which Client must reimburse the Attorney: Copying, printing and overnight mail. Reimbursements to be paid to Attorney within ten days of receipt of bill or invoice by client.
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6. ATTORNEY DOES NOT GUARANTY TO CLIENT OR TO ANY OTHER PARTY THE GRANTING OF ANY TAX ABATEMENT OR BENEFITS BY THE CITY OF NEW YORK, WHICH BENEFITS ARE GRANTED SOLELY BY THE CITY OF NEW YORK. We do not guaranty the acceptance or approval of the granting of any benefits for tax abatements.
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7. Client understand and agrees that Client will not, nor will Client's architect obtain a temporary or final certificate of occupancy for the project or any part thereof, until Attorney has stated in writing to the Client that a Certificate of Occupancy may be obtained.
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8. Certain projects are located in a Geographical Exclusion Zone which has special requirements for eligibility. Client agrees that if their project is in a Geographical Exclusion Zone, certain conditions apply including that certain units will have to be reserved for affordable housing or the project will not qualify for 421-a benefits.
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9. Client acknowledges that he has carefully read this agreement prior to signing and states that he understands his rights and obligations.
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_______________________________
GARY ROSEN, ESQ.
ATTORNEY
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Retainer Accepted
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  _______________________________
BY: _______________________________
NAME: _______________________________
TITLE: _______________________________
Dated: _______________________________
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ITEM CHECKLIST TO FILE FOR A 421-A TAX ABATEMENT
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Items to be furnished by Client (furnish as many of the items that you have available)
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[    ] BANK CHECK for the filing fee in the sum of $100.00 payable to NYC Department of HPD;
[    ] Construction Cost estimate;
[    ] Estimated Development Costs form;
[    ] Closing Statement for Land Acquisition Costs;
[    ] Deed;
[    ] Rental Schedule - (NOT IF A CONDO)
[    ] Maintenance and Operational Expenses - (NOT IF A CONDO)
[    ] Copy of PW 2 - Building Dept. - New Building Application;
[    ] Copy of New Building Permit;
[    ] Survey before construction;
[    ] Tax Map (can be found in your title report);
[    ] RP-604 - Request to Department of Finance, Surveyors Office for Tentative Lot Numbers (if to be more than one lot);
[    ] TWO (2) Complete Set of Plans approved by the New York City Department of Buildings Approved Plans;
[    ] Condominium Offering Plan (if Condo);
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WARNING: DO NOT OBTAIN A CERTIFICATE OF OCCUPANCY UNTIL WE CONFIRM IN WRITING THAT THE 421-A HAS BEEN FILED WITH THE CITY OF NEW YORK. FINAL APPLICATION MUST BE FILED WITHIN 90 DAYS FROM THE ISSUANCE OF A TEMPORARY C.O. OR FINAL C.O., WHICHEVER IS ISSUED FIRST. YOU MUST IMMEDIATELY SEND C.O. TO US WHEN ISSUED.
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421-a Tax Abatements
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Tel: 516.437.3400
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NYC: 212.222.2900
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FLA: 561.214.4889
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