Brad Gerstman

Co-Chair, Government Relations Practice Group

Co-Chair, Business & Real Estate Solutions Industry Group

212-278-1205

Nicole Schwartz

Co-Chair, Government Relations Practice Group

212-278-1158

Good afternoon all,

A new report from The Real Deal looks at the potential reach of the Community Opportunity to Purchase Act, or COPA, as the proposal continues through the City Council.

Key takeaways:



• HPD estimates that roughly 2,100 buildings could be covered by COPA. HPD Commissioner Diny Levy shared the estimate during a City Council committee hearing, though the number could fluctuate as buildings clear or accrue housing violations.

• HPD has not released a property-level list. When asked for specific buildings or a borough/community district breakdown, HPD said the estimate is based on the bill’s eligibility criteria and that it has not isolated individual properties.

• The bill would give certain nonprofits a first opportunity to buy eligible buildings. City-approved nonprofits and joint ventures would get first dibs when covered properties go up for sale.

• The latest version targets distressed multifamily buildings. The bill, sponsored by Council Member Sandy Nurse, would apply to distressed multifamily buildings with four or more units, while excluding owner-occupied buildings with five or fewer units.

• COPA could also apply to some buildings with expiring affordability requirements. Properties with affordability restrictions set to expire within two years could be covered if they have no more than 100 units and their affordability requirements did not come from the 421a tax break.

• Supporters say COPA would help preserve affordable housing and prevent displacement. Nurse argued that the bill would help nonprofits intervene in buildings where deterioration and neglect are used to pressure tenants out.

• Landlord groups remain opposed. Industry critics argue COPA could delay transactions, deter investment, and interfere with private sale negotiations.

• The Mamdani administration supports the bill. Levy said COPA aligns with the city’s preservation goals by helping capable nonprofit purchasers preserve affordability, address hazardous conditions, and avoid speculative transactions tied to harassment and displacement.

• Key implementation questions remain unresolved. HPD would still need to determine through rulemaking how qualified purchasers are selected, how owners and tenants are notified, what penalties apply for noncompliance, and how financing support would work.

• Financing is a major open issue. Levy acknowledged that HPD cannot guarantee financing for every COPA deal. The city may look to acquisition loans, Community Development Financial Institutions, HPD’s Participation Loan Program, Article XI tax incentives, and public-private partnerships to make transactions viable.

• The bill is moving through the legislative process. COPA has 27 Council sponsors, just above the 26 votes needed for passage, but Speaker Julie Menin’s position remains unclear.

Summary: COPA could become a major new housing-preservation tool, but its impact will depend on financing, rulemaking, nonprofit capacity, and whether the Council can resolve concerns from property owners and the real estate industry.

GOVERNMENT RELATIONS IN ACTION - Launching New York’s CDL Third Party Skills Testing Pilot Program

By Bradley Gerstman

If your problem involves government, regulators, agencies, or political pressure - give us a call.

Good afternoon everyone,

As part of our ongoing Government Relations in Action series, I wanted to share another example of how government relations can help clients navigate public procurement, build institutional relationships, and expand within government-regulated markets.

Issue: Launching New York's CDL Third Party Skills Testing Pilot Program

The Challenge:

To address the school bus driver shortage in New York State, the New York School Bus Contractors Association identified third-party testing for commercial driver licenses as a policy change that could have a major impact.

The shortage created real operational pressure for school transportation providers and the districts, students, and families that rely on them. The issue required engagement with the Governor's office and the Department of Motor Vehicles to create a practical solution that could expand testing capacity and help more qualified drivers enter the workforce.

The Government Relations Solution:

Our team worked with long-term client, the New York School Bus Contractors Association, the Governor's office, and DMV to advance third-party CDL skills testing as a practical response to the driver shortage.

The effort focused on identifying the policy change, engaging the appropriate state decision-makers, and helping move the proposal through the administrative process necessary to launch a pilot program. By connecting the workforce problem to a targeted agency solution, the firm helped create a path for implementation.

The Result:

In 2022, the firm helped successfully launch the CDL Third Party Skills Testing Pilot Program.

The program allows approved entities to conduct CDL skills tests when those assessments are required for applicants seeking Class A, B, or C licenses under New York Vehicle and Traffic Law. By expanding testing capacity, the program helped address a critical workforce shortage affecting school transportation across New York State.

Why This Matters:

Workforce shortages often require more than recruitment alone. In regulated industries, bottlenecks in licensing, testing, agency approvals, or administrative rules can prevent qualified workers from entering the field quickly enough to meet demand.

Government relations can help clients identify those barriers, engage the right agencies, and advance practical policy changes that improve operations and address urgent industry needs.

If your client is dealing with workforce shortages, licensing delays, DMV issues, transportation policy, agency rules, or operational barriers created by government processes, there may be a Government Relations component worth exploring early in the process.

Anderson Kill brings together attorneys from several allied fields to provide legal counsel and representation for both construction and insurance-related issues. In addition to insurance coverage matters, we assist clients with contract negotiations and issues relating to cost, time, delay, payment, change orders, liens, injury, defects, damage, risk transfer, and risk management. Our dispute resolution services include advice about how to achieve your goals through litigation or through alternatives to litigation.

New York / Boston / Los Angeles / Newark / Philadelphia / Shelton / Washington, D.C. / www.andersonkill.com