Each year, the NYS Association of REALTORS® offers Code of Ethics and Professional Standards Procedures Training.  This 2012 course offers 6 hours of continuing education credit and is instructed by Patrick Reilly, RCE, Vice President, Board and Member Services, NYSAR.

Gain a full understanding of ethics and arbitration hearings, enforcement procedures and disciplinary guidelines. The Code of Ethics and recent changes adopted by NAR’s Board of Directors or Delegate Body will also be covered. In addition to 6 hours of CE credit, this course also satisfies NAR’s mandatory ethics training requirement.  Listed below are the locations for the program.    To register, please visit the Members’ Education section on NYSAR.com.  You can also call:  1-800-239-4432 (Member cost is $125.00 – which includes continental breakfast, lunch and c.e. credit)

January 19 Clarion Hotel

8250 Park Road

Batavia, NY 14020

January 24 Binghamton Riverwalk

9:30 a.m. - 4:30 p.m. 225 Water Street

Binghamton, NY 13901

January 25 DoubleTree Hotel Syracuse

6301 Route 298

East Syracuse, NY 13057

February 2 Westchester Marriott

607 White Plains Road

Tarrytown, NY 10591

February 3 Albany Marriott

189 Wolf Road

Albany, NY 12205

February 24 High Peaks Resort

2384 Saranac Avenue

Lake Placid, NY 12946

On April 3-4, NYSCAR in cooperation with the Hudson Valley Chapter of NYSCAR will present the annual education and marketing event at the Hotel Sierra in Fishkill, New York.  On April 3, Tim Conley, CCIM, SIOR will teach two continuing education classes as follows:  “Comprehensive Due Diligence is Key in Real Estate” and “Yesterdays’ Business Vanished-Transform Today or be Left Behind.”  These are two excellent classes which would be great for your career.  April 4 will feature a marketing/networking session which is always a great event!  Please be sure to mark your calendar and plan to attend!  Watch www.nyscar.org for further details.

Additional classes will be scheduled throughout the year and the 11^th Annual New York State Commercial Real Estate Conference will be held June 18-20 at the Turning Stone Resort and Casino in Verona, New York.

The Triple Play Conference, sponsored by the NYS, NJ and PA Associations of REALTORS^® will be held in December in Atlantic City, NJ, December 6-8, 2011.

Grand Assembly Keynote Speaker, Bill Rancic will present “The Future of Real Estate in America as we Know it.”

December 7 is also Commercial Day and will feature a commercial networking session as well as “The Distressed Market and the Year Ahead” and “Generating Increased Revenue in Today’s Commercial Market,” by Peter Mosca.  “Fix & Flip or Hold for Gold” and “Case Studies in 1031 Exchange” will be presented by David Gorenberg.

Information can be found at www.realtorstripleplay.com.

Please mark your calendar for future NYSCAR dates:  April 3-4, 2012 Annual Education/Marketing event held in Fishkill, NJ in cooperation with the Hudson Valley Chapter of NYSCAR and June 18-20, 2012 for the 11^th Annual NYS Commercial Real Estate Conference.

Fall Education

Fall is a great time of year and a good time to be thinking about education!  One of the main purposes of NYSCAR is to provide commercial education for real estate practitioners. We are pleased to have some terrific programs available this Fall for everyone. 

October 13, “Green Building Update, LEED Cert Architecture, Adaptive

Re-Use of Historic Structures and Commercial Leasing"

*(program submitted to NYS DOS for 7 hours real estate/appraiser CE credit)

Sponsored By the WNY Chapter of the Appraisal Institute and NYS Commercial Association of REALTORS® in cooperation with the WNY Chapter of NYSCAR 

When:  Oct 13, 2011  8am – 5pm      Where:  Holiday Inn, 1881 Niagara Falls Blvd, Amherst, NY 14228 (4:45 pm Refreshments/Networking) 

Morning Session:  8:30 am – 11:45 am

Commercial Leasing for Non-Lawyers and Green Buildings and Green Leasing

Instructor:  Patrick Quigley, Esq. , Harter Secrest & Emery LLP

The following issues will be discussed relative to landlord/tenant perspectives:  Use Clause, Condition of Premises, Expenses, Subordination & Estoppel Certificates, Insurance Clause, Assignment & Subletting, Defaults & Remedies, Security & Personal Guaranty, representations & Warranties and Misc. Lease Sections.  Regarding Green Building and Green Leasing – what is a green lease?  Learn the risks and rewards of green building for landlords and tenants, green legislation affecting landlords and tenants. 

Luncheon Speaker:  12:00 pm

Commercial Real Estate 2011 Update and 2012 Forecast

Speaker:  Joseph F. Rowley, Jr., President, NYS Commercial Assoc. of REALTORS

Afternoon Session:  1:30 pm – 4:45 pm

Green Building Architecture, Standards & Acceptance in the Market:  The Origins of Green Building Architecture and the Future of Historic Buildings and Communities

Instructor:  Clinton Brown, Clinton Brown Company Architecture

The origins of green building architecture have roots in early American efforts to save from demolition buildings associated with the birth of the nation and therefore who we are as a society. Contemporary society’s focus now includes notions of reducing our carbon footprint on planet earth for our children and grandchildren. Further, demographic trends are revealing a historic demographic inversion toward urban and urbane walkable communities. Finally, recent public and tax policies are fueling these trends that are changing our landscape and our buildings. When the greenest building is one that already exists, this presentation will describe the context of measuring the value of reinvestment in historic buildings and communities is the emerging green marketplace.  The presentation will also cover the New York State Historic Rehabilitation Income Tax Credit.

Targeting LEED and the Adaptive Re-use of Historic Buildings - Sustainable Practices in New Construction and Major Renovations

Instructor:  Giona Paolercio, Staff architect with Wendel Duchscherer Architects and Engineers and

       Aliesa Adelman, Sustainability Program Manager for Wendel

The adaptive re-use of historic buildings is a growing trend that provides a sustainable alternative to building on previously undeveloped space and preserves the cultural heritage of the surrounding community.  Many municipalities, educational organizations, and commercial building owners are taking their projects one step further by implementing sustainable strategies from project conception through construction and targeting LEED certification.  This presentation will explore the challenges of meeting LEED requirements while maintaining the historic integrity of an existing facility with reference to specific project successes.

October 27 – 28, 2011 -  -  Education and Marketing - Albany!

“Creative Real Estate Finance…Creating Alternatives When the Banks Aren’t Lending”  - Oct. 27

Marketing-Networking Session – Oct. 28

Sponsored by the

New York State Commercial Association of REALTORS®, Inc. in cooperation with the Greater Capital Chapter of NYSCAR, Albany Ramada Plaza Hotel, 1-3 Watervliet Ave. Ext., , Albany, NY

 “Creative Real Estate Finance…

Creating Alternatives When the Banks Aren’t Lending”

Instructed by Chuck Sutherland,

Course Description: How to “create” financing where there isn’t any.New Sources Of Financing
Financing By Adding “Something Extra”
Solve The Bank’s Problems
Forgotten Forms Of Financing
De-Financing The Problem Loan
Structure Owner Financing To Secure Cash
Safety First Financing
100% Financing

Instructor: Charles E. Sutherland SEC

“Chuck” E. Sutherland, SEC, is a commercial real estate

investor & developer based in Dallas, Texas.  In the real estate business since 1971, “Chuck” has been involved in the successful development of single and multi-family residential, commercial, retail, industrial, hospitality and mini-storage projects. As either an investor/ developer or consultant, Chuck has participated in the completion of over $200 million in real estate.

Commercial Marketing- Networking Session (Oct. 28)  Network with your colleagues and do some business!

Rochester, October 27 - Selling Investment and Commercial Properties: Issues, Money and Laws
Instructor:  Edward S. Smith, Jr., ITI

7.5 hours of NYS continuing education credit. This course also satisfies the NYS requirement for 3 hours of Fair Housing and /or Discrimination training for license renewals.  

This course explores important considerations in brokering real estate including:

• Building issues such as environmental concerns, fair housing and ADA laws and compliance
• Methods of determining property values
• Financing – mortgages, loan-to-value, debt service ratio
• Cash flows and the impact of taxes
• Sale of property – capital gains taxes, 1031 Exchanges
• Discrimination laws, types of bias, inadvertent discrimination

Membership Recruitment

Please remember --   If you recruit a new member for 2011, you can save 20% on your NYSCAR State dues in 2012!  When the new recruit fills out the 2011 application, they just need to note your name on the line that reads “referred by.”

September 11, 2011

NYSCAR Annual Meeting

Turning Stone Resort & Casino, Verona, New York

September 11 – 14, 2011

NYSAR Business Meetings

Turning Stone Resort & Casino

Verona, New York

November 11-14, 2011

NAR Annual Conference & Expo, Anaheim, California

National Association of REALTORS^® Meeting Update

Board of Directors Update

Statement by Ron Phipps, 2011 NAR President, on the passing of the REALTOR^® Party Political Survival Initiative

“The NAR Board of Directors voted in favor of the REALTOR^® Party Political Survival Initiative and agreed to fund it through a dedicated dues increase of $40 per member, beginning in 2012. The initiative will allow NAR to provide millions of dollars in additional support to state and local boards, which are facing a cadre of policy proposals that would restrict private property rights and drain home owners’ pocketbooks.

As the only organization speaking on behalf of America’s home owners, NAR must remain strong and influential at all levels of government. During the past week, we have heard from dozens of industry and government leaders about the broad challenges facing our markets and the growing desire on the part of federal, state and local governments to implement policies that would hurt home owners and the economy. In passing this initiative, REALTORS^® send a clear message that we are ready and willing to protect the home owners and communities we serve.

On behalf of the entire organization, we thank the directors for their feedback and guidance, as we refined this initiative, and we are grateful to all REALTORS® who engage in an informed debate prior to this vote. "

Directors Say Yes to Political Initiative
The NAR Board of Directors overwhelmingly approved the REALTOR^® Party Political Survival Initiative (RPPSI) at its May 14 meeting and to raise NAR dues to $120, from $80, to pay for it. Under the initiative, the $40 in new dues revenue will go to help fund and provide assistance to local, state, and national political and issues campaigns. Although some of the funds will be used to augment the REALTORS^® Political Action Committee, a majority of the funds—73 percent—will be used for bolstering grassroots action. RPAC contributions are still critical, said former NAR President Cathy Whatley, who presented the initiative to the directors.

Here is a link to the initiative and Q&A, http://www.realtoractioncenter.com/realtor-party/rppsi/resources.html

IDX change
Also at the meeting, which closed the 2011 REALTORS® Midyear Legislative Meetings & Trade Expo in Washington, D.C., the directors voted to add an opt-in provision, effective 30 days from passage, to the “franchisor index and display” portion of the Internet Data Exchange (IDX) policy that the board adopted in November 2010. That provision gives franchisors the right to index and display listing data from their franchisees’ IDX feeds on their national Web sites.
 
The decision to add the opt-in centered on the directors’ concerns about the availability of listing information to non-participants without brokerages’ consent. Brokers representing Leading Real Estate Companies of the World, Home Services of America, and the Realty Alliance led the way toward the policy change; those companies oppose the new IDX policy and had backed a failed proposal to repeal the policy.

Legislative Issues

NAR continues to support legislation that improves the climate for Commercial Real Estate Transactions including Accelerated Depreciation for equity investment in distressed commercial real estate assets, increasing the lending cap from 12.25% to 27.5 % of total assets for commercial properties and working with FASB of the proposed accounting changes.

10th Annual Conference

As the Annual Conference draws closer, I want to remind you to secure your hotel reservation as soon as possible to be sure you are able to attend the 10th Annual NYS Real Estate Conference, June 13-15!  The room block expires on May 20, however, rooms are on a first-come, first-served basis, so don’t miss out on this great event-register today!  (Go to www.nyscar.org for a registration form-or to register on-line)

The Annual Conference is hosted by the New York State Commercial Association of REALTORS®, NYS CCIM and SIOR Chapters and SEC.  We are pleased to have the following sponsors:  DIAMOND:  Cushman & Wakefield/Pyramid Brokerage Company,  PLATINUM:  CB Richard Ellis – Upstate Offices, GOLD:  New York Real Estate Journal, SILVER:  The Chazen Companies, Exchange Authority, Key Bank;  KW Commercial and LaBella Associates, P.C.

We have a great new addition to the program which will are very pleased to announce.  The NYSCAR dinner which is open to all conference attendees will be the evening of June 13 and will feature a speaker from Deloitte & Touche.  Michael Aronesty,  Audit Partner (NJ) will give a special update on the FASB’s proposed changes to lease accounting standards.  As you know, this has been an area of great concern for commercial real estate practitioners and we look forward to their presentation.

With the challenging economy, there is no better time to network with your colleagues at the marketing session which kicks off on June 13 and continues on June 14.  Jim Wilson, CCIM, SEC (Florida) and Chuck Sutherland, SEC (Texas) will return to serve as the main moderators of the event. The lunch on June 13 (noon time) features NYSAR’s Director of Government Affairs Michael Kelly.  We always look forward to hearing from Mike who will update the attendees on current legislative issues concerning the real estate industry. 

On June 14, the Upstate SIOR Chapter will sponsor a three hour program “Developing a Build-to-Suit Pro Forma” with instructor Rob Nahigian, CRE, FRICS, SIOR.

The June 15 lunch features keynote speaker:  Rod N. Santomassimo, CCIM President of the Massimo Group, who will talk about “Brokers Who Dominate.”

No matter where we travel, which firms we present to or individuals we coach, there is always one basic question that is asked.  What do the top performers do? This one question is really the compilation of a series of questions such as: Where do top performers come from? Where were they educated? What is their professional background? How did they get where they are?  How do they maintain their dominate market position? What are they doing differently than the average producing brokers?

Brokers Who Dominate is the answer to these questions. They have researched, studied and interviewed 20+ of the most productive brokers in North America to find out “what top performers do”. More so they have profiled three segments of the brokerage community, so that all the audience can appreciate and apply the lessons presented. These segments include: Young Guns, Dominators and The Masters.

This year’s conference gives you numerous choices and opportunities and is an unbelievable value!  In addition to the outstanding networking opportunities, you can take some timely commercial education courses on June 15:  The morning sessions will include:  Kenneth Vidar, CCIM, SEC of Montana who will present “Creative Solutions,” a  7 hour course that will show how to turn formulas into real estate and real estate into dollars.  Bo Barron, CCIM, Managing Director of Sperry Van Ness/The Barron Group in Kentucky, will present a “Social Networking” program that will cover the use of blogs, Twitter, Facebook and LinkedIn.  NYSCAR Past President Edward S. Smith, Jr., ITI, Commercial Director, Coldwell Banker Commercial NRT, will present “Green Commercial Buildings:  Issues, Systems and Savings.”  Learn why green building is so important!

In the afternoon there are two great 3 hour sessions: Murray Gould, Development Consultant, Port City Preservation will present “Development & Financing of Historic Properties-Challenges & Opportunities.”  Peter Karl, III, Esq., CPA, Parvati, Karl, Green & DeBella, LLP will present “Latest Practical Strategies for REALTORS® in Their Business and Personal Lives as a Result of Recent Legislation.” 

Be sure not to miss a great opportunity to network with your colleagues – go to www.nyscar.org today to register!  If you would like to take this opportunity to be an exhibitor at the conference, please email Ali Mann for details (amann@nysar.com) (sponsor form also available at www.nyscar.org ; on the left hand-side of the home page, scroll down to the second item under Calendar of Events)

Membership Recruitment
Please remember --   If you recruit a new member for 2011, you can save 20% on your NYSCAR State dues in 2012!  When the new recruit fills out the 2011 application, they just need to note your name on the line that reads “referred by.”

NAR Midyear Meetings – Washington, DC
Advance Your Business, Your Industry And Your Association
The REALTORS® Midyear Meetings & Trade Expo is where NAR members take an active role to advance the real estate industry, public policy, and the association. Join us in Washington, D.C., for special issues forums, committee meetings, legislative activities, and the industry trade show.

Midyear Meetings May 9-14  
Capitol Hill Visits May 11-12
Trade Expo May 11-13  
Go to: www.realtor.org – visit meetings

May 24 – NYSAR Lobby Day – Albany, New York
Join hundreds of REALTORS® in Albany for the NYS Association of REALTORS® Annual Lobby Day at the State Capitol.

10th Annual Conference

It is with great pleasure that we announce the program for the 10th Annual NYS Commercial Real Estate Conference, sponsored by the NYS Commercial Association of REALTORS®, the NYS Chapters of CCIM/SIOR and the Society of Exchange Counselors being held June 13-15, 2011 at the Turning Stone Resort and Casino in Verona, NY!

NYSCAR Second Vice President, John Lavelle (RJ Smith Realty, Pine Bush) will proudly serve as Conference Chairman for our 10th annual event.

On June 13, we kick off the conference with a luncheon and marketing session.  Mike Kelly, NYSAR’s Director of Government Affairs will give a legislative update to the attendees during lunch.  The marketing session will then start with Jim Wilson, SEC (Florida)  and Chuck Sutherland (Texas) as the main moderators.  NYSCAR and SEC will hold their networking dinners on the evening of June 13.  On June 14, the marketing session will continue for the day.  NYSCAR, SIOR and CCIM will hold their organizational meetings on the 14th and SIOR will also present a “Build-to-Suit Development,” program with Robert J. Nahigian, FRICS, SIOR, CRE as the instructor.

Rod N. Santomassimo, President and Founder of the Massimo Group will be talking about “Brokers Who Dominate,” as the keynote speaker during the lunch on June 15.  No matter where we travel, which firms we present to or individuals we coach, there is always one basic question that is asked. What do the top performers do? This one question is really the compilation of a series of questions such as:  Where do top performers come from?  Where were they educated?  What is their professional background?  How did they get where they are?  How do they maintain their dominate market position?  What are they doing differently than the average producing brokers?

Brokers Who Dominate is the answer to these questions. They have researched, studied and interviewed 20+ of the most productive brokers in North America to find out “what top performers do”. More so they have profiled three segments of the brokerage community, so that all the audience can appreciate and apply the lessons presented.  These segments include: Young Guns, Dominators and The Masters. You will not want to miss Rod’s presentation!

Also on June 15, we have an outstanding line up of speakers for the attendees.  Bo Barron, CCIM (Kentucky)  Managing Director for Sperry Van Ness/The Barron Group, will present a social networking class (will describe a cohesive social media strategy that takes minutes a day leading to increased market presence.  Specifically, this session will cover the use of blogs, Twitter, Facebook, and LinkedIn.)

Green Commercial Buildings:  Issues, Systems and Savings, will be instructed by NYSCAR Past President Edward S. Smith, Jr., ITI, (Long Island).  Kenneth M. Vidar, CCIM (Montana) President of Vidar Companies, will demonstrate how to turn formulas into real estate, and real estate into dollars with “Creative Solutions,”   Peter Karl, Esq., CPA, will talk about the Latest Practical Strategies for REALTORS® in Their Business  as a Result of Recent Legislation.  Murray Gould will discuss the “Development and Financing of Historic Properties, Challenges and Opportunities.”

Don’t miss out on this fantastic event!  There will be one or two additions to the program which we will announce to you shortly.

Pyramid Brokerage has once again stepped up to the plate to be the Diamond sponsor of the conference!  NY Real Estate Journal, Chazen, Key Bank and KW Commercial have also joined us as Silver sponsors.

NYSCAR Board of Governors held its first meeting of the year on Saturday, January 29, 2011 at the Desmond Hotel, Albany, New York.

The following officers and governors were installed to their office by Duncan MacKenzie, CEO, NYS Association of REALTORS^®:   NYSCAR Officers - Joseph F. Rowley, Jr., President, Rochester; Michael Johnson, First VP, Buffalo; John Lavelle, Second VP, Pine Bush, Brian DiNardo, Treasurer, Rochester and Guy Blake, CCIM, Secretary, Kingston.  Governors - Alan Hendrickson, Long Island, Edward S. Smith, Jr., Long Island, Donald E. Welch, SIOR, Albany and Ted Welter, CCIM, CPM, Rochester. 

I am pleased to report that Alan Hendrickson, Corporate Commercial Realty, Long Island, was named NYSCAR’s 2010 REALTOR^® of the Year.  Alan is the Chairman of the NYSCAR Member Communications & Promotion Committee and serves as a committee member on the Finance Committee.  He is extremely instrumental in organizing programs for the Metro Long Island area, where he serves as Treasurer of the Metro Long Island Chapter.

Brian McMahon, Executive Director, NYS Economic Development Council spoke to the Board members about working together on various issues of mutual interest and legislative initiatives.  It was an informative discussion with a good exchange of ideas.

Conference Chairman John Lavelle, reported that the 10^th Annual NYS Commercial Real Estate Conference will be held June 13-15, 2011 at the Turning Stone Resort & Casino in Verona, New York.  Plans are underway to make the 10^th annual conference a very special event!  If you or your company would like to exhibit or sponsor an event at the conference, please email Ali Mann (amann@nysar.com) for information.  The conference is sponsored by the NYS Commercial Association of REALTORS^®, Inc., the NYS Chapters of CCIM and SIOR and the Society of Exchange Counselors.

Education Chairman Edward S. Smith, Jr., ITI, reported that the 15 hour Commercial Basics Course will be held March 2-3, 2011 at SUNY Ulster in Kingston in New York, instructed by Joe Deegan, CCIM.  This is a great two-day introductory course that provides a general overview of the commercial and investment real estate business.  You will learn to use the HP 10BII calculator to perform many of the functions that are used daily in commercial real estate.  Go to www.nyscar.org to register.

A two-day education and marketing event held in conjunction with the Hudson Valley Chapter of NYSCAR will be held April 7-8 at the Hotel Sierra in Fishkill, New York.  On April 7, Peter Fortunato (Florida) will be the instructor for “Creating Real Estate Transactions that Will Close.”  This unique course illustrates the application of practical solutions to developing and structuring commercial-investment transactions.  April 8 will be the marketing session.  This has been a great networking event and we encourage you to go to www.nyscar.org for a registration form to sign up today!

I reported on my November trip to the National Association of REALTORS^® annual conference in New Orleans and meeting with the New York Bar Association.  The governors continued their discussion regarding the proposed accounting rule change from the Financial Accounting Standards Board that, if implemented, could severely impact corporations balance sheets negatively.

The governors approved an amendment to the bylaws which will add three Board seats for past presidents of the organization to serve as voting members on the Board of Governors (Bylaws Committee chaired by John Lavelle).  Membership Development Chair Guy Blake, CCIM reminded everyone that any member who recruits a new member in 2011 will receive a 20% discount on their 2012 NYSCAR State dues.  Chapter reports were given by the six chapters regarding successful monthly meetings and events held in their areas.

The Board will meet again in June in conjunction with our annual conference.

December 7-9, 2010  the Triple Play Conference will be held in Atlantic City, New Jersey.  The conference is sponsored each year by the NJ, NY and PA Associations of REALTORS^®.  There are several commercial programs available to the attendees including:  The History and Future of Sustainable Design and Green Building (Joe Scarpa); Exchanges for Fun and Profit (David Gorenberg); Commercial/Investment Marketing Session (Bob Giniecki, CCIM, SEC); Greening Your New or Existing Facility (Jason Kliwinski); and Selling Investment Property to Retirements Accounts (Michael Scott).  Full details, including conference registration information can be found by going to www.realtorstripleplay.com.

This coming year we will be celebrating the 10^th Annual New York State Commercial Real Estate Conference!  The conference, being held June 13-15, 2011, is sponsored by NYSCAR, the New York State Chapters of CCIM and SIOR and the Society of Exchange Counselors.  We hope that you will mark the date on your calendar and plan to attend!  The Annual Conference Committee will be meeting soon to start planning the event. If you have any suggestions for the conference, please send your thoughts to Sherry at sherry@nycap.rr.com.

On October 28-29, NYSCAR in cooperation with the Greater Capital Chapter of NYSCAR sponsored a marketing session and 6 hour class instructed by Peter Karl, Esq., CPA (Tax Strategies, Asset Protection and Estate Planning for Commercial REALTORS^®).  The program was held at the Ramada Hotel in Albany.  There were attendees from several regions of New York State as well attendees from Massachusetts and Connecticut!  The marketing session gave everyone a great opportunity to network with a wide array of commercial practitioners.  It is great to see the members taking advantage of these networking opportunities.  Many thanks to the great support from the program sponsors:  Key Bank, LaBella Associates, PC, The Chazen Companies and Business and Commercial Guide.

As we approach the Fall, we are preparing for our next Board/annual meeting to be held at the Hilton Hotel in Rye Brook, New York in Westchester County on September 12. Reports will be heard from each of the committees and officers and governors will be elected.

We will also be discussing the 2011 education schedule.  Please keep in mind that all licensees are required to successfully complete 22.5 hours of approved continuing education, including at least 3 hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest of real property, within the two-year period immediately preceding such renewal.  It is important that you keep track of your continuing education credits.  We suggest that you keep a file with your course completion certificates in case you are audited by the New York State Department of State.

NYSCAR Fall Education

On October 14, NYSCAR in cooperation with the Metro LI Chapter will sponsor “Discrimination Issues in Commercial Brokerage,” instructed by Edward S. Smith, Jr., ITI.  This course which  meets the NYS requirement for the 3 hours of fair housing in order to renew your license will be held at the offices of the Brooklyn Board of REALTORS.

On October 28, NYSCAR in cooperation with the Greater Capital Chapter of NYSCAR will  present a full day education course at the Ramada Inn (just off Everett Rd) in Albany, NY.  Peter Karl, Esq. will be the instructor.  The Greater Capital Chapter will hold a marketing session following the course on October 29.   

Call to Action:As you may be aware, there is pending legislation relative to expanding the State Department of Environmental Conservation’s ability to regulate wetlands. The Department currently regulates wetlands that are at least 12.4 acres and the new proposal would reduce the size to 1 acre or more.  Passage of this legislation could have a significant negative impact on commercial real estate development.  We are asking that you copy and paste the  letter below to Senator Antoine M. Thompson - sign it and mail it today!

October 7, 2009

Standing Committee on Environmental Conservation

Attention: Senator Antoine M. Thompson, Chair
New York State Senate
Legislative Office Building, Room 902
Albany, New York 12247

To the Honorable Senator Thompson and Senators of the Committee:

       Please consider this letter as my written comments for the Committee’s public hearings on the proposed wetlands regulation.
       Currently the New York State Department of Environmental Conservation (NYSDEC) only regulates wetlands that are 12.4 acres or larger. One of the proposals before you (Bill S848) would, if enacted, increase the NYSDEC’s  jurisdiction to include wetlands down to 1 acre in size.  However, there would be no change to the regulated adjacent area, which is currently a 100 foot buffer around NYSDEC wetlands.
       One notable feature of Bill S848 is that this 100 foot buffer would now be extended around these smaller wetlands. This increase is substantial: including a 100 foot adjacent area around a 1 acre wetland results in 4 acres of regulated area.  Any disturbance in that regulated area would require a permit from the NYSDEC.  Most, if not all, of these wetlands that would fall under the new regulation are currently regulated by the United States Army Corps of Engineers (ACOE).  Bill S848 would create the need to obtain a permit from both the ACOE and the NYSDEC for any disturbances.   This will double the regulation of the same resource – with no appreciable benefit to the State.  Indeed, this would only add another layer of bureaucracy.
       The New York State Assembly has already passed its version of this bill (Bill A6363), which, if also passed by the State Senate and signed into law by the Governor, would significantly increase the State’s wetland jurisdiction and would negatively impact future development in New York.
       Another notable feature of Bill S848 is that, if passed into law, it would become “effective immediately.”  There is no grandfathering language that would exempt pending projects from the need to comply – even though the regulatory scheme would change significantly. 
       As a result, I ask that you not pass Bill S848 or any other proposal that adds additional burdens to the existing regulatory framework.

Respectfully submitted,

Signature:   ________________________
Print Name: ________________________
Company:  ________________________
Address:  _________________________
City:  _________  State: ___  Zip: _____