Blaine Z. Schwadel

Blaine Schwadel has been practicing regulatory law in New York City for more than 30 years. His practice includes representation of property owners and lenders in all aspects of rent regulatory issues. He graduated from the City University of New York in 1978 and from New York Law School cum laude in 1981.

Blaine became associated with Rosenberg & Estis, P.C. in 1979 and was named member in 1987. He was previously employed by the New York City Department of Housing Preservation and Development, Office of Rent and Housing Maintenance (Rent Control Division).

Blaine supervises Rosenberg & Estis's Regulatory Law Group and personally represents clients in all such matters including MCI and J51 filings, administrative proceedings before the DHCR, AG, HPD, ECB and Building Department, as well as in Article 78 proceedings and Appeals to the higher courts. He also conducts and coordinates the various aspects of Rent Regulatory due diligence matters for both purchasers and lenders. He counsels developers, investors, REITs and lenders in the highly specialized rent regulation aspects of residential real estate, including transactions, development, tax benefit programs, maximization of rents and defense of tenant claims relating to residential, hotel and mixed-use properties.

Blaine has taught classes on NY rent regulation at the New York University School of Continuing Education/Real Estate Institute, is a frequent participant in RSA and CHIP seminar programs and has been a featured speaker before the New York State Bar Association, Real Property Law Section, Committee on Landlord and Tenant, on the topic of DHCR Law, Practice and Procedure from an owner's point of view.

Selected Cases and Representations

- Obtained MCI rent increases based on an approved cost of 7 million dollars for a large Harlem apartment building complex.

- Successfully appealed DHCR's denial of MCI rent increases for a condominium in Bronxville.

- Successfully appealed DHCR's reversal of an order dismissing a tenant's FMRA in the Appellate Division, First Department.

- In connection with an appeal of a claim of rent stabilized status based on the Court of Appeals determination in Roberts, participated in the formulation of the strategy upon which the Appellate Court ultimately held that the tenants' agreement to vacate their apartment was not an improper waiver of rights under the Rent Stabilization Law.

- Provided rent regulatory review and advice to a large insurance company concerning its decisions to purchase a new construction in Astoria and not to purchase a RPTL 421a building in Manhattan.

Year Joined Firm

- 1979

Classes/Seminars

- Rent Act of 2011 Seminar, Rosenberg & Estis, P.C., 2011 - Present

- Residential Real Estate After 2010: Statutory Regulatory, and Legal Changes, New York County Lawyers Association, 2011 - Present

- DHCR Law, Practice and Procedure, New York State Bar Association, Real Property Law Section, 2009 - Present

- MCI Workshop - The MCI Application Process, CHIP, 2009 - Present