Not-For-Profit
Our Not-For-Profit Group serves charitable, educational, health care, and social service agencies and programs, as well as individuals and businesses engaged in philanthropic activities. We provide sophisticated counsel on issues involving program development, site identification, and location; the negotiation and acquisition of property; the negotiation of state agency capital assistance; community opposition; construction contracts; zoning, land use and environmental issues; program certification; securing judicial approval under New York Not-For-Profit Corporation Law; rate setting; and tax-exempt financing.
Our firm also has extensive experience with community opposition involving all phases of the site selection procedure under New York State Mental Hygiene Law Section 41.34 including public hearings, commissioner’s hearings, and legal proceedings challenging the opening of community residences. In addition, the firm has assisted clients seeking financing from the New York State Office of Mental Health (OMH) and the New York State Office for People with Developmental Disabilities (OPWDD) through the Medical Care Facilities Financing Agency and the Dormitory Authority of the State of New York.
Members of our Not-For-Profit Practice Group have represented over two dozen agencies that have secured tax-exempt bond financing in excess of $300 million for the development of OPWDD residential programs, day programs, schools for children with handicapping conditions, administrative offices, transportation facilities, Article 28 facilities, renovations of existing programs and re-financing of outstanding mortgages. In addition, the Group has handled various aspects of development including financing, tax exempt bond issuance, conventional financing, acquisition, zoning, construction, certification, and rate setting. As a result of our representation of the Alliance of Long Island Agencies, Inc., a trade association representing 22 OPWDD agencies on Long Island, we developed a composite tax-exempt bond program that raised over $110 million to finance the acquisition and development of residential and other projects for member agencies through bonds issued by the Nassau and Suffolk County Industrial Development Agencies.
The firm also represents parents in disputes with school districts regarding the placement of children with handicapping conditions including the representation of parents at CSE meetings, impartial hearings, and litigation seeking reimbursement for unilateral placements.