Inside R&E

About Inside R&E

Inside R&E is a podcast hosted by New York City’s leading attorneys who discuss current issues facing developers, owners and operators in the industry. Founded in 1975, Rosenberg & Estis, P.C. is widely recognized as one of New York City’s pre-eminent real estate law firms. R&E provides full-service representation and advice in every aspect of real estate, from performing due diligence and evaluating financing, to handling joint ventures, acquisitions and leasing, construction and design team agreements, property tax exemptions and abatements, land use and zoning matters, Real Property Income & Expense (RPIE) filings, co-op and condo offering plan filings, distressed situations and bankruptcies, trust and estate planning, as well as the litigations and negotiations which sometimes ensue when deal-making. R&E’s wealth of experience in New York real estate makes it the ideal thought partner for owners, developers, not-for-profit corporations, educational institutions, sponsors, equity investors and lenders in both real estate transactions and in all court venues. Disclaimer: The information you obtain here is not, nor is it intended to be, legal advice. You should consult a Rosenberg & Estis attorney for advice regarding your individual situation. We invite you to contact us and we welcome your calls, letters, or electronic mail. Listening to this content or contacting us in response to this content does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. At various times we may reference successful results in cases we have handled. However, prior results do not guarantee a similar outcome. To comply with requirements imposed by the IRS, we inform you that any tax advice contained herein, is not intended or written to be used and cannot be used by a taxpayer to (i) avoid tax penalties or (ii) promote, market or recommend a transaction or matter to another person.

Publisher

Rosenberg & Estis, P.C.

Category

business

Language

en

Explicit

No

First episode

6 Apr 2023

Latest episode

5 Oct 2026

Latest episodes

46 episodes in the feed.

1. 

   5 Oct 2026

   Love Thy Neighbor, or Else: The Ins & Outs of Negotiating Access Agreements & RPAPL § 881 Proceedings

   In this episode of Inside R&E, Brendan J. Derr (https://www.rosenbergestis.com/attorney/brendan-j-derr) and Justin S. Weitzman (https://www.rosenbergestis.com/attorney/justin-s-weitzman), Members of R&E's Litigation department and Co-Chairs of the firm's Adjacent Property Access & RPAPL § 881 group, join Dave Lorenzo (https://exitsuccesslab.com/dave-lorenzo-bio/), Founder of Exit Success Lab, for a conversation about construction access agreements and New York’s recently amended RPAPL § 881. In this insightful conversation, Brendan, Justin and Dave discuss why developers may need access to neighboring properties, the issues that can prolong negotiations, and the circumstances under which a court-ordered license may be necessary. They also examine key changes to RPAPL § 881, including the notice requirement and the potential authorization of permanent encroachments such as tiebacks and underpinning. The conversation covers license fees, compensation, pre-construction surveys, insurance, indemnification and other important protections, offering practical guidance for developers and neighboring property owners navigating the access process. Brendan is an experienced litigator whose practice includes representing clients in a diverse range of disputes including those relating to real estate, construction, and complex commercial/business matters in both state and federal courts, as well as in arbitration. He routinely drafts and negotiates license agreements for access on behalf of developers and neighboring property owners/tenants, and has successfully litigated numerous RPAPL 881 proceedings. Brendan is known for applying his knowledge and pragmatism to achieve favorable results for his clients. Justin’s litigation practice is diverse, representing entities and individuals (investors, partners, managers, and officers) in complex real estate ranging from commercial litigation matters involving partnership, joint venture, limited liability company and shareholder disputes, including direct and derivative claims. In the real estate litigation context, Justin represents developers, landlords and property owners in matters involving commercial and residential landlord-tenant disputes, guaranty enforcement, Yellowstone injunctions, breach of contract of sale, class action rent overcharge claim, partition, and condominium and co-op disputes. Justin also has significant experience in handling employment-related disputes, such as claims of workplace discrimination and harassment, wrongful termination, wage and hour violations, breach of restrictive covenants, and breach of employment agreements; and complicated tort cases arising from products liability, premises liability, general liability, and construction site defects, to difficult insurance coverage disputes. For any questions related to this episode, contact Brendan J. Derr at bderr@rosenbergestis.com (mailto:bderr@rosenbergestis.com) or (212) 551-1281. Justin S. Weitzman can be reached at jweitzman@rosenbergestis.com (mailto:jweitzman@rosenbergestis.com) or (212) 551-1261. Stream the full episode, now available on Apple Podcasts (https://podcasts.apple.com/us/podcast/love-thy-neighbor-or-else-the-ins-outs-of/id1681172554?i=1000793288781), Spotify (https://open.spotify.com/episode/2esYJQxKosKzVkPONOxn1d) and YouTube (https://youtu.be/FWjIrP0w0zw).

2. 

   16 Sept 2026

   Building a Better Development Environment in New York City

   In this episode of Inside R&E, Daniel M. Bernstein (https://www.rosenbergestis.com/attorney/daniel-m-bernstein), Member and Leader of R&E’s Tax Incentives & Affordable Housing Department, and Jamie A. Smarr (https://www.housingpartnership.com/about/leadership/jamie-a-smarr), President and CEO of the Housing Partnership Development Corporation, join Dave Lorenzo (https://exitsuccesslab.com/dave-lorenzo-bio/), Founder of Exit Success Lab, for a conversation on how New York can create a more predictable, developer-friendly environment to accelerate housing production. In this insightful conversation, Daniel, Jamie and Dave discuss the future of housing development in New York City and the obstacles that continue to slow the creation of much-needed housing. They examine how zoning restrictions, approval processes, regulatory requirements, and development costs affect the ability to bring new projects to market, and explore what changes could help encourage investment and increase housing production. The discussion also looks at opportunities for mixed-use development, public-private partnerships, and the creative use of land and other public assets to address the city's housing needs. Drawing on their experience in both the public and private sectors, the speakers share practical perspectives on how New York can foster growth, improve predictability, and create the conditions necessary to support long-term housing development. Daniel’s practice involves affordable housing and urban development issues in New York, obtaining property tax exemptions and abatements (485-x / ANNY for new development; 467-m / AHCC for commercial conversions; new and old 421-a including requests for extension of 421-a(16) Completion Date, ICAP/ICIP, 420-c, 420-a, J-51, Article XI, etc.), development rights bonuses and incentives / zoning requirements (Voluntary and Mandatory Inclusionary Housing, FRESH program, Zoning for Quality and Affordability) for New York City projects. Bernstein is experienced in the assessment and taxation of real property in New York, as well as acquisition, financing, leasing, Declarations of Condominium, and condominium offering plans. Bernstein also has extensive experience helping real estate developers obtain economic incentives for their residential, commercial, or mixed-use projects. Bernstein also performs diligence on such matters for lenders and purchasers of such NYC properties. Jamie Smarr is responsible for all of the corporation's day-to-day operations. A resident of Harlem for over 20 years, Mr. Smarr has helped create more than 2,500 units of affordable housing, 3,000 public school seats, and one million square feet of new residential, office and retail space throughout his career. Prior to the Housing Partnership, he led the NHP Foundation's Affiliate Program and Acquisitions Program. He also served as Executive Director of the New York City Educational Construction Fund, and the Director of Tax and Zoning for the New York City Housing Preservation and Development. For any questions related to this episode, contact Daniel M. Bernstein at dbernstein@rosenbergestis.com (mailto:dbernstein@rosenbergestis.com) or (212) 551-1257. Jamie A. Smarr can be reached at jsmarr@housingpartnership.com (mailto:jsmarr@housingpartnership.com). Stream the full episode, now available on Apple Podcasts (https://podcasts.apple.com/us/podcast/building-a-better-development-environment-in-new-york-city/id1681172554?i=1000790037513) , Spotify (https://open.spotify.com/episode/4Tg0CkFpQ2cIgKaR3pX955) and YouTube (https://www.youtube.com/watch?v=-c90-EoLdNY).

3. 

   8 Sept 2026

   The Lease Is Not the Rent: How Commercial Leases Create Predictable Economics

   In this episode of Inside R&E, William Byers Jr. (https://www.rosenbergestis.com/attorney/william-byers%20jr.), Member of R&E's Transactions Department, joins Dave Lorenzo (https://exitsuccesslab.com/dave-lorenzo-bio/), Founder of Exit Success Lab, for a conversation on how landlords, buyers, tenants, and lenders should look past headline rent and understand the lease as a financial system that controls predictability, expense recovery, concessions, cash flow, and financing risk. During the conversation, Bill and Dave discuss why base rent tells only part of the story and how a commercial lease functions as a financial system that drives cash flow, expense recovery, predictability and financing risk. They examine how concessions, escalations, operating expense pass-throughs, audit rights, base years and triple net structures can affect the true economics of a deal, and conclude with what lenders look for when evaluating lease income and risk. William Byers Jr. has worked on a myriad of both large and small transactions ranging from sales and purchases of office, apartment and mixed-use buildings to landlord and tenant representation in office, retail, restaurant, garage and ground leases, as well as grantor and grantee representation for complex multi-party easement agreements. In addition to having an MBA, Byers previously worked at a corporate firm, which serves him well in drafting complex corporate documents such as operating, partnership and shareholder agreements, joint venture agreements, stock purchase agreements, and employment agreements for commercial real estate brokers. For any questions related to this episode, contact William Byers Jr. at wbyers@rosenbergestis.com (mailto:wbyers@rosenbergestis.com) or (212) 551-8456. Stream the full episode, now available on Apple Podcasts (https://podcasts.apple.com/us/podcast/the-lease-is-not-the-rent-how-commercial-leases/id1681172554?i=1000788496900), Spotify (https://open.spotify.com/episode/2F7SG00PT7TvjMyBD9G5lE?si=oAMwC9kmTZOV2ah0OgngHQ) and YouTube (https://youtu.be/9fgAstjh02w).

Who has been a guest on Inside R&E

Names identified in recent episode analyses. Showing up to five guests.

• Brett B Theis
• Neil Axler
• Richard Y. Im
• Jason C. Bergman

Reach and audience

Public platform figures. Ratings count people who left a rating, not total listeners.

Apple Podcasts (US)

5.0 / 5

4 ratings

Podcast Authority Score: 31 / 100

A composite of feed quality, social presence, YouTube performance and engagement. Read the methodology.

Quality

35

Social presence

0

YouTube

0

Engagement

68

Contact Inside R&E

Guest appearances

Books guests

Based on episode analysis; this does not confirm that the show is currently accepting guests.

Shows with a similar audience

• 

  The Bill Simmons Podcast

• 

  The Daily

• 

  Planet Money

• 

  Pod Save America