Thursday, August 30, 2012

Featured: Massey Knakal’s Stephen Palmese Closed 8% Of All Brooklyn Sales Deals

(Commercial Observer) - The sale of 204 Huntington Street, a 62,404-square-foot asset in south Brooklyn, was 10 years coming.

The investment sales firm Massey Knakal Realty Services had first noticed the property, a warehouse-turned-multifamily development, in 2003-2004. Later, Area Property Partners owned and managed it between 2009 and 2010, before its principals decided to place the asset on the market.

To market such a property, Massey Knakal tapped a Bay Ridge-born broker whose tenacity in the investment sales sector had already earned him a reputation as one of the borough’s most active up-and-coming agents.



Stephen Palmese. (Photo courtesy Will O'Hare)

“We were prepping for this in late 2011, and there naturally had not been many, if [any], multifamily transactions,” said Stephen Palmese, a 30-year-old director of sales at Massey Knakal.
This multifamily offering, however, had an “added value play.”

“This was something that, on a price per square foot [basis], was being offered for almost $400 a foot on a net number,” said Mr. Palmese.

Located near Carroll Gardens, the area had seen an influx of new restaurants and developments, while condominium prices and rental prices swelled to favorable highs.

“It was a perfect opportunity where somebody was going to sit on it, and then convert it and sell the balance of the units for who knows what number in the future,” he said.

The property was formerly a collection of industrial properties that had been converted into apartments in 2003, Mr. Palmese explained. At the time, there had been a J-51 tax benefit program put on the property, which kept the rents in place at a 20 percent discount from normal market rates. With rents at $36 per square foot, a developer could swoop in, convert the property and raise the rents to levels similar to 360 Smith Street, a neighboring new development that was renting out at $49 per square foot.

His selling point was simple: “Take this property, turn it into a Class A property by way of a rental or by way of a condo,” said Mr. Palmese.

Aided by low interest rates and flush with cash, developer Doug Steiner of Steiner Studios closed on the 60-unit property for $24.5 million in May.

“This was a very rare property in that everyone is looking for a conversion or a vacant building,” said Mr. Palmese.

His intimate knowledge of the market has helped position him as one of the most prolific brokers in Brooklyn. Of the $1.5 billion in building sales in Brooklyn recorded in the first half of 2012, Mr. Palmese and his team of three full-time salesmen have accounted for approximately 8 percent.

He sold 313 Gold Street for $19 million, 109 Gold Street for $14.5 million and 131-137 Emerson Place for $13 million, among several of his most notable deals so far in 2012.

What’s attracting buyers to Brooklyn is the potential for transforming these buildings into market-rate rentals or condos.

“To a degree, Manhattan is an island, and a lot of pension money and a lot of hedge fund money is now looking at Brooklyn,” he said. “In Manhattan, 1 million [square] feet is big. In Brooklyn, it’s 100,000 [square] feet. So you have a lot of developers competing for sites that are 100,000 to 200,000 square feet, and there aren’t that many of them.”

The youngest of four siblings, the Bay Ridge native was educated in Staten Island and followed his two brothers to Georgetown University. When he graduated in 2004, he reached out to Jonathan Hageman, a friend of his sister’s who was a longtime employee at Massey Knakal.

“I applied for a bunch of finance jobs, [but] I knew I wanted to be in real estate. It was what my friends were doing, and they went on to do banking, private equity or hedge fund work,” said Mr. Palmese.

He was told that if he wanted to learn real estate, he should join Massey Knakal, where he would receive his “real estate 101” education before eventually moving on to work for a REIT or a major developer.

That landed him back in Bay Ridge, the Brooklyn neighborhood of his youth, to sell 447 86th Street for a Greek family.

“I’ve focused in that market for a period of time, and then in 2008 I shifted to this downtown Brooklyn market,” he said.

In making that shift, he essentially started his own business. He now has three full-time people under his charge during a period that he believes has become one of the most active in the Brooklyn marketplace in recent memory.

“I am calling 2012 ‘The Great Sell-Off of 2012’ because the volume in the market is 1½ percent,” he said. “In an average year [like] ’04, ’05 and ’06, it was 2½ percent. So it’s not even a function that there’s more deals, but what’s got me taken and why I’m calling it ‘The Sell-Off of 2012’ is the ferocity of people buying and selling.”

The draw for Brooklyn is the borough itself, he says, and not the so-called residual value that will be created by the impending debut of Ohio-based developer Forest City Ratner’s Atlantic Yards Development, which other brokers and developers have been boasting about ever since the Barclays Center broke ground in 2010.

“I think that’s hogwash,” he said of the shared benefits of the Atlantic Yards development on residential real estate. “I don’t think it’s going to affect residential rates at all. You can argue that it could decrease rents.”
“It has sort of insulated and propped up the retail in the surrounding corridors that were trying to find their identity,” Mr. Palmese said. “So yes, it has had a positive effect for retail, but I think it has a negative effect on residential.”

Despite being an Italian who was raised Catholic, he has been an active board member of the Jewish Children’s Museum and the Museum of Jewish Heritage. Meanwhile, his distinctly Mediterranean appearance helps him pass as either a Greek or Israeli national to his clients.

“In the Greek community, and largely, I was ‘Stavros Palmesolopis,’” he said with a laugh. “With the Jewish community, I am ‘Stefan Palmis.’”

Whatever the ethnic background, Mr. Palmese’s work has made an impression on his company’s co-founder.

“Stephen is certainly the next generation of superstar sales brokers in the city,” said Robert Knakal, chairman of Massey Knakal. “He is tenacious, he has tremendous integrity and he understands the business.”

http://commercialobserver.com/2012/08/the-eight-percenter-in-1h12-massey-knakals-stephen-palmese-closed-8-of-all-brooklyn-sales-deals-how/

Tuesday, August 28, 2012

NYC Loft Law

What is a “loft” building? Not to be confused with new luxury loft-style housing peppering the neighborhood, Williamsburg/Greenpoint is filled with numerous buildings that have been used for manufacturing, warehousing, and/or commercial purposes in the past. When artists started moving to this part of Brooklyn more than thirty years ago, a lot of these building were no longer in use and artists began to occupy them as live/work spaces. Over the years, countless residents have moved into lofts in many different types of buildings, some of which still had some kind of manufacturing, warehousing, or commercial use going on in them, while others had been converted solely to residential use. The big problem is that most of these buildings are not zoned for residential occupancy, technically making residential use illegal. In recognition of the fact that so many residents of North Brooklyn & NYC are living safely and happily in lofts that they legally shouldn’t be, the New York State Assemblyman Vito Lopez continually lobbied for and finally passed an expansion of the Loft Law in 2010.  This means that loft residents living in Williamsburg & Greenpoint now have a mechanism whereby their building can gain legal residential status and all of the protections that come with it (rent stabilization; the right to basic services; the ability to go to landlord tenant court in the event of a dispute with your landlord, etc).

 

What is the Loft Law? Initially passed by the New York State Assembly in 1982, it was a way of offering legal residential status to loft residents located mostly in SOHO, Tribeca, & Hells Kitchen. Generally speaking, a building that met the following criteria was covered by the original Loft Law: the building possessed no residential certificate of occupancy pursuant to §301 of the Multiple Dwelling Law, the building was used in the past for manufacturing, commercial, or warehousing purposes, and there were 3 or more residential tenants living in seperate apartments in the building in the 20 month period between April 1, 1980 and December 1, 1981 (the “statutory window period”)

 

What is the Loft Board? The NYC Loft Board was established in 1982 to regulate and coordinate the legal conversion of certain lofts in the city from commercial/manufacturing use to safe residential use.  The Loft Board consists of 9 (voting) members who meet monthly to hear cases and oversee rulemaking. In 2009, the Mayor reorganized the Loft Board to be housed as the Department of Buildings (as opposed to the Mayor’s office). The DOB commissioner and Commissioner of the Fire Department serve on the Board, as well as one member representing manufacturing interests, one member representing the real estate industry, and one member representing loft residential tenants, and four members representing the public. The  public members of the Board are appointed by the Mayor and serve for a term of three years.
The current make-up of the Loft Board is:
  • Robert D. LiMandri, DOB Commissioner
  • Manufacturers’ Representative – Mark Foggin
  • Owners’ Representative – Matthew Mayer, Esq.
  • Tenants’ Representative – Chuck DeLaney
  • Fire Department’s Representative – Chief Ronald Spadafora
  • Public Member – Gina Bolden-Rivera
  • Public Member – Elliott Barowitz
  • Public Member – LeAnn Shelton, AIA, Esq.
  • Public Member – Daniel Schachter
In addition, the Loft Board has a staff of 12 divided into 3 units which oversee the work of the agency; the Legalization, Hearings, & Enforcement Units.

 

What is included in the Loft Law “extension” of 2010? Last year the Loft Law was amended to include lofts that didn’t qualify under the original law. This bill has been introduced every year for over twenty years and almost passed in September 2001. From 2003-2009, a loft law extension has passed only the Assembly; the State Senate had always killed the bill until 2010 when it finally passed. The bill refreshes the Loft Law, which offered no protection for tenants who moved in after 1987. The legislation also made permanent the Loft Law, which until now had to be extended periodically by the Legislature. (The deal also makes the lottery game Quick Draw permanent; the game and the Loft Law have always been linked by Albany lawmakers.) While the original 1982 Loft Law was explicitly limited in geographic scope, the new law seems to default coverage unless specifically excluded. 13 of the city’s 16 Industrial Business Zones were excluded from coverage of the law; however, loft buildings in the Greenpoint-Williamsburg, North Brooklyn and certain areas of the Long Island City IBZ’s can apply for coverage. The rules of the extension are still being promulgated by the Loft Board, meaning that they are still determining how to govern this extension. Once the rules have been promulgated, there will be a six-month period for buildings to apply for coverage. After that time has ended, no building covered by the extension will be able to apply for coverage.

 

How do I know if I can qualify for Loft Law Coverage?
In order to qualify for coverage the following must be true with regards to your building and your particular unit:
  • Three or more units in your building must have been put to residential use during any consecutive 12 month period from January 1, 2008 through December 31, 2009.
  • Some portion of your building must have previously been occupied for either manufacturing, warehousing, or commercial purposes.
  • Your building must currently lack a residential certificate of occupancy.
  • Your unit must have at least one window opening to the street, a yard, or court.
  • Your unit must be at least 550 square feet.
  • Your unit cannot be located in a basement or cellar.
  • Your unit cannot be in a building that, as of June 21, 2010, contained certain uses determined by the Loft Board to be incompatible with residential use.
Please note that these are just the basic bare bones facts; the loft law and the rules  are actually rather nuanced and can mean different things to different buildings.  We encourage tenants of loft buildings to get informed, learn the law, and to participate in the process by attending Loft Board meetings and NAG Loft Organizing meetings.

 

How does a building get covered?
There are two ways to begin the process of gaining Loft Law coverage for your building: Your landlord can register the building with the Loft Board or as a tenant, you can apply for coverage with the Loft Board.

http://www.nag-brooklyn.org/loft-law/

Friday, August 17, 2012

3.8% Medicare Tax - The Impact To Real Estate Owners


Many people are wondering if the federal capital gain tax rate will be raised.  The truth is it already has been under certain circumstances.  The new 3.8% Medicare tax on unearned income will take effect January 1, 2013.

The revenues generated from this tax will be utilized to help fund the Medicare Trust Fund.  The income subject to this tax will include net rental income, as well as the capital gains upon the sale of real property.

This additional tax will apply to those taxpayers with an Adjusted Gross Income (AGI) exceeding $200,000 (single)/ $250,000 (married).  Net losses from rents and net capital losses will reduce AGI. However, if, after losses, AGI still exceeds the AGI thresholds, the 3.8% tax would still apply to any net unearned income.

Unearned income is the income that a taxpayer derives from investing their capital, including capital gains, net rental income (net of allowable expenses including depreciation, cost of repairs, property taxes and interest expense associated with debt service), dividends and interest income. It also comes from some investments in active businesses if the investor is not an active participant in the business. The portion of unearned income that is subject both to income tax and the new Medicare tax is the amount of income derived from these sources, reduced by any expenses associated with earning that income.

The actual tax is not imposed on the AGI or solely on the investment income, but rather calculated based on a formula. The taxpayer will determine the lesser of (1) net investment income or (2) the excess of AGI over the $200,000/$250,000 AGI thresholds. Thus, if net investment income is the smaller amount, then the 3.8% tax is applied only to the net investment income amount. If the excess over the thresholds is the smaller amount, then the 3.8% tax would apply only to the excess amount.

For example. if AGI for a single individual is $275,000, then the excess over $200,000 would be $75,000 ($275,000 minus $200,000). Assume that this individual's net investment income is $60,000. The new 3.8% tax applies to the smaller amount. In this example, $60,000 of net investment income is less than the $75,000 excess over the threshold. Thus, in this example, the 3.8% tax is applied to the $60,000.

If this single individual had AGI of $275,000 and net investment income of $90,000, then the new tax would be imposed on the smaller amount: the $75,000 of excess over $200,000.

The Medicare tax will apply to a primary residence, however, only to the extent the gain realized is in excess of the $250,000/ $500,000 primary residence exclusion (and to the extent their AGI exceeds the referenced thresholds. Furthermore, net rental income from a vacation home, to the extent it has been rented out for more than 14 days, would be considered net investment income and could be subject to the new tax.

The new Medicare tax, coupled with the possible expiration of the Bush-era tax cuts (which would increase the Federal capital gain tax rate to 20%) will significantly increase the tax burden placed upon taxpayers selling real property. The opportunities to defer the capital gain tax through a 1031 tax deferred exchange or a Deferred Sales Trust will become that much more important.

www.legal1031.com

Friday, August 10, 2012

Economic Growth in NY's Brooklyn Holds Lessons For Cities

















(Reuters) - Wall Street may be the financial capital of the United States, but downtown Brooklyn, just across the East River, punches above its economic weight, a report showed Thursday.

Growth in private sector employment and wages in downtown Brooklyn outpaced the rest of New York City between 2003 and 2010, according to data analyzed by the New York State Comptroller's office. Wages in downtown Brooklyn grew 48 percent during that time, while wages in New York City's five boroughs grew by 38 percent.

The health care and social assistance sector employed the largest number of people, providing around one-third of the 77,260 jobs in the area. Education jobs grew by nearly 25 percent, and account for 11 percent of jobs in the area.

In the leisure and hospitality sector, thanks to a crop of new hotels, restaurants and cultural organizations, jobs grew by 54 percent.

Median household income in downtown Brooklyn rose by 40 percent between 2005 and 2010 to $71,790, nearly $30,000 higher than the rest of Brooklyn.

In recent years, tech companies and startups have flocked to areas like DUMBO and Vinegar Hill, drawn by rents per square foot that are less than half those in midtown Manhattan, according to real estate advisory firm Newmark Knight Frank.

Downtown Brooklyn hosts the back-end operations of some of the largest financial service providers, including Goldman Sachs and Morgan Stanley. While those sectors experienced job loss during the crisis, New York State Comptroller Thomas DiNapoli said that the loss of jobs was offset by gains in other parts of the economy, particularly the cultural sector. During the recession, downtown Brooklyn was spared the job losses that hit the rest of New York City.

"Don't view investments in arts and culture as simply aesthetic, or for quality of life," he said. "It is also an economic investment."

Comptroller DiNapoli said that collaboration between the public and private sectors bolstered the area's natural advantages, which include its historic neighborhoods, riverside land, and nearly a dozen higher educational institutions.

He cited the Brooklyn Academy of Music, or BAM, and its efforts to support smaller arts organizations in their orbit.

"BAM is a dominant arts and culture institution, but they don't elbow out other organizations," he said. "They work very hard to create more venues in the BAM network of buildings so other organizations can participate in a low-cost way."

With 2.53 million inhabitants, Brooklyn is New York's most populous borough.