Nicholas Thomas Dilorenzo

Nicholas DiLorenzo joined Rosenberg & Estis, P.C. in 2020 and is a Member with the firm’s Tax Incentives & Affordable Housing Department.

DiLorenzo’s practice focuses on real estate development, with a specialization in tax incentives, affordable housing, and development bonuses. He assists clients in obtaining real estate property tax exemption and abatement benefits (421-a, 420-a, 420-c, Article XI, J-51, FRESH, ICAP, M-CORE, etc.), securing bonus floor area development rights through various New York City programs (Voluntary and Mandatory Inclusionary Housing, AIRS, PFASH, FRESH, etc.), and negotiating land disposition agreements, regulatory agreements, and restrictive declarations with the City. DiLorenzo has broad knowledge regarding rent stabilization issues and rent registration with the New York State Division of Housing and Community Renewal, as well as the Minority- and Women- Owned Business Enterprise outreach program and New York City Department of Small Business Services regulation and compliance.

DiLorenzo has extensive experience in real estate transactions, finance, and land use and zoning, as well as performing due diligence for lenders on properties utilizing tax incentive and development programs and/or subject to rent regulations. Additional expertise includes drafting and negotiating purchase and sale agreements and zoning lot development and easement agreements in connection with development rights transfers, Inclusionary Housing air rights, and 421-a negotiable certificates. He also assists clients with the creation of “no-action” condominiums and issues related to the assessment and taxation of real property in New York. His expertise in tax incentive and development programs enables him to advise clients on the creation of condominium structures that result in the optimization of all available property tax and development incentives.

Prior to joining Rosenberg & Estis, DiLorenzo was an Associate with Akerman LLP.

Notable Work

Assisted client in closing on Voluntary Inclusionary Housing (VIH) Regulatory Agreement with HPD and the approval of a special utility allowance to account for the highly energy-efficient and largest geothermal residential development in New York State.

Represented developer in obtaining a disposition of City-owned property, construction loan, 421-a and ICAP tax benefits, a VIH development bonus, and zoning lot formation/transfer of development rights.

Performed due diligence on $205 million refinance of large office and retail property anticipated to receive ICAP tax benefits.

Obtained full 420-c real property tax exemption for developer of one of the first buildings completed under the City’s Mandatory Inclusionary Housing (MIH) program.

Secured $3 million per year ICAP tax abatement for developer’s renovation of Midtown Manhattan hotel.

Represented New York affordable housing developer on several mixed-use properties receiving Low Income Housing Tax Credits and prepared and submitted various tax exemption and abatement applications, including 421-a, 420-c, and ICAP.

Represented lender on $112 million refinancing of Downtown Brooklyn hotel and performed ICAP due diligence.

Submitted an application for, and received pre-certification from City Planning of, the first transfer of development rights by contribution to the West Chelsea Affordable Housing Fund.

Represented private purchaser of $5.05 million apartment in Four Seasons Private Residences New York, Downtown Condominium.

Secured a Certification of No Harassment for the board of a 71-unit Upper East Side condominium.

Represented developer in the purchase of development rights from a private homeowner, including negotiating the terms of the purchase and sale agreement and the zoning lot development and easement agreement.

Classes / Seminars

Inside R&E Podcast: “The Empire State Development Gowanus Program - Gov. Hochul’s Plan to Replace 421-a(16) for Residential Gowanus,” Speaker, July 2023

Industry Focus: From 421-a to the Affordable New