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Engage an Attorney
A community organization should engage competent legal counsel when considering the purchase of real estate or becoming a partner with a developer who will undertake a real estate project.
Why engage an attorney?
Lawyers can perform due diligence on a property prior to its acquisition.
They can advise on how to learn about the extent of contamination at a property, the party liable for existing contamination, and the best way for a development team, including a community organization, to shield itself from liability when a site is redeveloped.
Attorneys are also essential in drafting partnership and joint venture agreements and other documents required if a non-profit partners with a developer on a real estate project.
How to engage an attorney: A community organization has several ways to engage an attorney.
Lawyers, as well as environmental consultants, tax attorneys and other professionals, can work for community organizations for free through the Pro Bono Program of the New York City Brownfield Partnership, a non-profit association of environmental professionals. Under the Partnership's Pro Bono Program, an attorney or other professional offers a CBO an initial consultation from one to five hours in length free of charge. Afterwards, the parties can negotiate terms of any future work.
Community organizations can also request that a law firm discount its fees because the client is a non-profit. Another approach where a community organization is pursuing a development project, is for the lawyer to advise a non-profit for an initial, reduced fee, and if the development occurs, to promise the attorney the legal work arising from the subsequent real estate transaction.
To use the NYC Brownfield Partnership's Pro Bono Program, community organizations should contact OER.
