Best Commercial Real Estate Lawyers in White Plains

About Commercial Real Estate Law in White Plains, United States

Commercial real estate law in White Plains, New York governs transactions and disputes involving non-residential property in the city and surrounding Westchester County. That subject covers buying and selling commercial property, leasing retail and office space, developing or renovating buildings, zoning and land use approvals, environmental compliance, property tax assessments, financing, construction contracts, and dispute resolution. White Plains is a regional business hub with its own municipal rules and development review processes layered on top of New York State and federal law, so local knowledge is important for successful deals and projects.

Why You May Need a Lawyer

Commercial real estate transactions and projects often involve complex contracts, regulatory approvals, risk allocation, and large sums of money. You may need a lawyer when you are buying or selling commercial property, negotiating or drafting leases for landlords or tenants, arranging financing or loan workouts, or negotiating construction agreements and construction dispute resolution. Lawyers help with title review, purchase agreements, environmental due diligence, zoning approvals and variance applications, tax assessment appeals, mechanics lien claims and foreclosures, and litigation or arbitration when disputes arise.

Other common situations that require legal assistance include negotiating easements and access rights, structuring investments and ownership entities, advising on tax-deferred exchanges such as 1031 transactions, ensuring ADA and code compliance, and responding to enforcement actions from municipal or state agencies. A lawyer with local experience can help anticipate municipal conditions, required permits, and how local boards typically approach projects in White Plains.

Local Laws Overview

Zoning and Land Use - The City of White Plains has a municipal zoning code that controls permitted uses, building heights, setbacks, parking, signage, and related development standards. Projects that do not meet the zoning code may need site plan approval, variances from the Zoning Board of Appeals, or approval from the Planning Board. Understanding the local zoning map and permitted uses for a parcel is a first step in any deal or development plan.

Building Codes and Permits - New York State adopts and enforces building and fire codes through local building departments. The White Plains Building Department issues permits and enforces code requirements for construction, renovations, certificates of occupancy, and code violations. Projects typically require plan review, inspections, and final sign-off before occupancy.

Environmental Regulation - Environmental due diligence is essential. Federal and state laws regulate contamination, wetlands, and stormwater. The State Environmental Quality Review Act (SEQRA) requires environmental review for many municipal actions. The New York State Department of Environmental Conservation enforces spill reporting, remediation standards, and permits for regulated activities. Commercial buyers usually obtain Phase I and, if necessary, Phase II environmental assessments before closing.

Property Taxes and Tax Appeals - Property in White Plains is assessed by local assessors and taxed through Westchester County and the City. Assessments determine property tax bills and can be appealed through tax certiorari procedures. Lawyers often assist with filing appeals to reduce assessed value or negotiate settlements with tax certiorari counsel.

Commercial Leasing and Contracts - Commercial leases are governed by contract law. While residential landlord-tenant statutes do not generally apply to commercial tenancies, local practice and specific statutory issues can affect enforcement and remedies. Commercial leases should address rent, operating expenses, CAM charges, repair responsibilities, default remedies, subletting and assignment, and termination rights.

Financing, Foreclosure, and Mechanic Liens - Mortgage lending for commercial property is governed by contract and secured transaction law, including foreclosure remedies for default. Construction contractors, subcontractors, and suppliers may assert mechanic liens; resolving or clearing liens is a common legal issue during sale closings or construction projects.

Accessibility and Safety - Federal ADA requirements and New York State accessibility and safety codes affect many commercial properties. Compliance may be required before occupancy or sale, and failure to comply can lead to enforcement actions or limits on use.

Local Boards and Approvals - Key municipal bodies include the White Plains Planning Board, Zoning Board of Appeals, Building Department, and Board of Architectural Review. Each has its own procedures, filing requirements, public hearing schedules, and project review standards.

Frequently Asked Questions

What steps should I take before buying commercial property in White Plains?

Obtain a contract with clear contingencies for title review, zoning and land use confirmation, a Phase I environmental site assessment, building inspections, and financing. Review municipal zoning for permitted uses, check any existing violations or open permits with the Building Department, and consult a local real estate attorney to review documents and close the transaction.

How does zoning affect my ability to use a property?

Zoning determines allowed uses, building size, parking requirements, and other development standards. If your intended use is not permitted, you may need a rezoning, special permit, site plan approval, or a variance. A lawyer or land use planner can advise on the likely success and timeline for those approvals.

Do commercial tenants have the same protections as residential tenants?

No. Commercial lease relationships are governed primarily by the lease contract and general contract law, not the landlord-tenant statutes that protect many residential tenants. Commercial tenants should negotiate lease terms carefully to allocate risk, repairs, insurance, and remedies for default.

What environmental issues should I worry about when buying or developing property?

Potential contamination from prior industrial use, underground storage tanks, asbestos in building materials, and wetlands or stormwater discharge requirements are common concerns. A Phase I environmental site assessment helps identify risks, and a Phase II investigation may be required if issues are found. Environmental liabilities can be significant, so involve environmental counsel and consultants early.

How do I challenge a high property tax assessment in White Plains?

Property owners can file a tax certiorari petition to challenge assessed value. The process is time-sensitive and often requires appraisal evidence and negotiation. Many owners hire attorneys or tax certiorari specialists to file petitions and represent them before the appropriate tribunals and in settlement negotiations.

What is a certificate of occupancy and why does it matter?

A certificate of occupancy (CO) confirms that a building meets applicable building and safety codes and is authorized for a specified use. A CO is usually required before occupying a building or changing its use. Buyers should confirm that a valid CO exists and that any renovations complied with permit and inspection requirements.

Can a contractor place a mechanic lien on my commercial property?

Yes. Contractors, subcontractors, and material suppliers who perform work on real property can assert mechanic liens for unpaid work. Mechanic liens can cloud title and impede sale or financing. Prompt payment, careful contract drafting, and lien release procedures are essential, and a lawyer can help resolve lien disputes.

How long does it take to get zoning or planning approval for a project?

Timing varies widely depending on project complexity, required permits, the need for variances or special permits, and public hearing schedules. Simple repairs or interior alterations may take weeks, while major redevelopments requiring site plan approval and environmental review can take many months to over a year. Early consultation with local officials and an attorney can help set realistic timelines.

What should be included in a commercial lease to protect a landlord or tenant?

Important lease provisions include the lease term, base rent and escalation clauses, responsibility for taxes and operating expenses, maintenance and repair obligations, insurance and indemnity terms, default and cure periods, assignment and subletting rules, options to renew or terminate, and dispute resolution mechanisms. Both parties should have counsel review and negotiate key clauses.

When should I consider litigation versus alternative dispute resolution?

Consider alternative dispute resolution such as mediation or arbitration when parties want a faster, private, and potentially less expensive path to resolution. Litigation may be necessary when urgent injunctive relief is required, when a legal precedent is needed, or when a party refuses to participate in ADR. An attorney can assess the strengths and weaknesses of each option in your case.

Additional Resources

City of White Plains - Building Department and Planning Department

White Plains Zoning Board of Appeals and Planning Board

Westchester County Department of Planning and Westchester County Clerk - land records and deed filings

New York State Department of Environmental Conservation (NYSDEC)

New York State Office of Real Property Tax Services

New York State Department of State - Division that oversees municipal code and certain permitting guidance

Westchester County Bar Association and New York State Bar Association - lawyer referral and practice resources

U.S. Small Business Administration - resources for business development and financing

Title companies and licensed surveyors - for title searches and boundary surveys

Next Steps

1. Gather key documents - leases, purchase contracts, title reports, surveys, building permits, and existing environmental reports. Having documents ready speeds up lawyer evaluation and due diligence.

2. Schedule an initial consultation with a local commercial real estate attorney - ask about experience in White Plains and Westchester County, fee structure, typical timelines, and whether the attorney handles the specific issue you face such as leasing, development, or tax certiorari.

3. Conduct preliminary due diligence - confirm zoning, check for open building code violations, order a title search and property survey, and arrange environmental screening. Your lawyer will help prioritize what is essential for your situation.

4. Get estimates for transaction costs - legal fees, title insurance, transfer taxes, filing fees, permit charges, and potential remediation costs. Budgeting reduces surprises at closing.

5. Decide on a strategy - negotiate contract terms, pursue permits, or prepare for dispute resolution as advised by counsel. Where possible, address risk allocation up front through warranties, indemnities, escrow arrangements, or purchase price adjustments.

If you need help finding an attorney, contact the Westchester County Bar Association or the New York State Bar Association for referrals, and look for lawyers who regularly handle commercial real estate matters in White Plains and Westchester County. Early legal involvement will help you avoid common pitfalls and protect your investment.