Nicholas Kamillatos

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Nicholas Kamillatos: Attorney with Rosenberg & Estis, P.C.

Biography

Nicholas Kamillatos joined Rosenberg & Estis in 1982 and is a Member with the firm’s Administrative Law Department. For four decades, he has represented property owners and lenders in numerous litigations and development projects involving virtually every administrative and regulatory agency that has jurisdiction over real estate in New York City. Those agencies include the New York State DHCR and Office of Attorney General, the New York City HPD, ECB, and HDC, and federal matters at HUD and Freddie Mac.

During the past decade legislation, agency regulations and court decisions have complicated the task of assessing and valuing multifamily properties. At this point, small regulatory details can have extraordinary financial consequences and frustrate business expectations if they are not properly evaluated and accounted for in making investment decisions. Kamillatos provides the context that allows property owners, investors and lenders to properly assess and understand those important regulatory details so that they make informed investment decisions. In the current hyper-regulated environment of multifamily housing development and finance, there is no shortcut to understanding how government regulations and potential benefits apply to your projects — both new construction and repurposing. Only a deep understanding of those regulatory risks and potential benefits can ensure that sound acquisition, investment, and financing decisions are made so that business expectations are fulfilled.

Kamillatos has advised property owners on how to best deal with overlapping — and at times contradictory— regulations relating to the ownership, financing and development of residential properties. He developed a due diligence system which allows buyers and lending institutions to confirm the validity and enforceability of apartment building rent rolls using the State’s rent registration database, which became an industry must do. Kamillatos also assists publicly financed project owners to establish the highest possible rent levels during the compliance period while restrictive covenants and/or regulatory agreements are in effect and then deregulate as quickly as possible. He won a groundbreaking appeal to the State’s highest court establishing property owners’ right to apply for substantial rent increases after Mitchell-Lama regulation ends, KSLM-Columbus Apartment, Inc. v. DHCR, (2005). Kamillatos regularly advises developers regarding local real estate tax and federal LIHTC benefits and compliance with the resulting affordability requirements. Additionally, Kamillatos has represented high profile renowned not-for-profit institutions in redeveloping their institutional real estate for non-profit purposes, including the world-renowned Carnegie Hall Corp., Barnard College and Columbia University.

Kamillatos has lectured as a recognized rent regulation and publicly financed multi-family development expert at the Real Estate Board of New York, the Community Housing Improvement Program, Inc., and at bar association seminars convened by the Association of the Bar of the City of New York and the New York County Lawyers’ Association.

Classes / Seminars

R&E Webinar: “NYS PHFL Create Affordable Housing Opportunities,” December 2023

R&E Webinar: “Housing New York – Law Changes In Gov. Hochul’s Budget Proposals,” March 2023

NYC Residential Developer & Operator Lunch-and-Learn, Speaker, March 2020

Lender Seminars, Speaker, January 2020

REBNY Rent Laws Seminar, Speaker, August 2019

Rosenberg & Estis, P.C. Rent Regulation Seminar following the passage of the HSTPA of 2019, Speaker, June 2019

“Financing: Trends, Challenges, and More!” Bisnow’s NYC Affordable Housing and Community Development Conference, Moderator, October 2018

R&E’s 2013 In-house Lecture Series: Due Diligence 101, June 5, 2013

Real Estate Broker Licensing Course (Instructor), Real Estate Board of New York

Real Property Law Committee (Instructor), Association of the

Areas of Practice (3)

  • Rent Regulation & Administrative Law
  • Landlord Tenant Law
  • Real Estate Development

Education & Credentials

University Attended:
State University of New York at Stony Brook, B.A., magna cum laude; Pi Sigma Alpha; With High Honors, 1979
Law School Attended:
The George Washington University Law School, J.D., Member, Moot Court Honor Board, 1982
Year of First Admission:
1983
Admission:
1983, New York; 1983, U.S. District Court, Southern District of New York; 1983, U.S. District Court, Eastern District of New York; 1990, U. S. Court of Military Appeals
Memberships:
New York City Bar Association (Member, Housing and Urban Development Committee, 1992-1996; Secretary, Committee on Military Affairs and Justice, 1989-1991).
Reported Cases:
Citation:

KSLM-Columbus Apartments, Inc v. New York State Division of Housing and Community Renewal, 5 N.Y.3d 303 801 N Y.S.2d 783 (2005).

Recent Case:

• Carnegie Hall Corporation - Studio Towers Redevelopment: Represented the Carnegie Hall Corporation as special counsel in connection with the Studio Towers Renovation Project. The project will refurbish Carnegie Hall's backstage areas and create a new Education Wing within existing space of the landmark building as well as an adjacent Roof Terrace. The Education Wing will house Carnegie Hall's education and community programs that currently engage more than 300,000 people around the world annually, including tens of thousands of New York City public school students. In order to complete the Project, we successfully represented Carnegie Hall in various courts to recover possession of studio spaces occupied by commercial tenants. In those cases, the courts upheld Carnegie Hall's legal authority to reconfigure the property under its ground lease with the City. We then successfully pursued an application at the State DHCR, which requested permission to relocate the residential rent controlled tenants. The Studio Towers Renovation Project will fully support Carnegie Hall's non-profit mission-making great music accessible to as many people as possible-helping to ensure that Carnegie Hall remains the premier international destination for the world's greatest artists in the 21st century and beyond.

ISLN:
906046638

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