Joseph Brennan is an attorney who focuses on real estate, specifically managing residential and commercial property closings, negotiating leases, representing clients through municipal government affairs, and practicing land use law, including zoning and planning matters.
Brennan owns and operates Brennan Law Office at 51 Jefferson Blvd. in Warwick. He also deals with business formation and corporate law, tax appeals, tax stabilization agreements, licensing, liquor licenses, and auto dealers’ regulations.
In addition to his work for private clients, Brennan serves as the attorney for the Pawtucket Housing Authority, and as co-counsel for the Warwick Housing Authority, and he also provides legal assistance to the West Warwick Arctic Redevelopment Agency and the Environment and Natural Resources Committee for the R.I. House of Representatives.
PBN: What are some of the biggest concerns that a buyer could get help with from a real estate attorney during the closing of a proposed property purchase?
BRENNAN: For most people, buying a home is the largest and most important purchase they will make in their lifetime. It is more than just a financial transaction but many times an emotional one. Not only are there a lot of moving parts in a purchase, particularly when a lender is involved, as is most often the case. But typically, the buyer is putting down a large deposit. All of these things together can be very stressful.
As a closing attorney, being able to work closely with the buyer and shepherd them through the process from beginning (forming the purchase and sales contract) to end (closing) allows us to keep things moving forward smoothly.
As the settlement agent, we are in the unique position not only to bring all of the parties together but to manage the communication and distribution of pertinent information. We use our extensive knowledge and experience to help ease the buyer's mind and guide them through the closing. For many buyers, purchasing a home is a life goal and dream. It should be exciting, not stressful. We pride ourselves in making that happen.
PBN: Is it true that Rhode Island General Laws allow you to select your own title attorney for any real estate transaction and not be required to accept the one the lender/bank chooses for you? How can this be a beneficial option for your clients?
BRENNAN: Yes. Rhode Island General Laws Section 19-9-6 allows for a purchaser of real estate to select their own title attorney even if using a lender. As I have said, real estate transactions are often stressful and working with any attorney that you have a preexisting relationship with can ease that stress.
Our clients have developed a trusting relationship with our office and because of our extensive knowledge and experience in this area of law, they feel confident that having us involved – even if only in a title capacity – will keep things running smoothly and protect their interests.
As this is such a fast-paced industry, we make it a priority to make ourselves readily available to our clients – telephone, fax and email – and do our best to always respond within 24 hours. It is this type of knowledge, trust and communication that is beyond valuable to my clients and is the foundation upon which our relationships are built.
PBN: What are some of the most common land use issues you encounter representing clients in Rhode Island, and how do you help those clients?
BRENNAN: Currently, the biggest issue is the many changes to the land use regulations that were just passed as of Jan. 1, 2024. This area of the law has not been updated in many years, so these changes, both big and small, are having quite an impact. These changes have caused particular difficulty because every city and town is individually tasked with updating their ordinances to be compliant with the new regulations. Since every city and town is tasked with this individually, each city and town can have different interpretations and applications of each section.
My office can help assist clients [to] navigate through the new updates. We make it a point to stay on top of current changes in the law and how the various municipalities interpret them. We have over a decade of experience working in different cities and towns throughout the state and have formed great relationships with many of the local city and town staff members who are very friendly and always helpful. It is this combination of knowledge and relationships that really give us an advantage when working with our clients.
PBN: You've been involved with getting hotels approved in some Rhode Island communities. What's the demand like for hotels in Rhode Island, and what are the biggest challenges for these projects?
BRENNAN: The demand for hotels really is dependent upon the area the hotel is looking to enter. When a large hotel is contemplating a new development, they first need to do a market analysis on the demand in that area to determine if their project can be viable. That analysis includes the number of current beds that nearby hotels are already offering. That being said, after the initial market analysis is completed, the permitting process can sometimes take so long – one to two years is common – that not only does the market change but the finances, the cost of materials and the available labor to construct the project changes, which can create challenges for the physical buildout itself and often delays projects.
PBN: You've had some involvement with self-storage facility approval processes. I've seen a lot of these places popping up. How big is this industry and what are the hurdles these facilities face when trying to establish themselves in Rhode Island?
BRENNAN: The self-storage industry is a big industry and one that continues to grow. The increase in the cost of living and the current trends of downsizing our living spaces and reducing our carbon footprint have all contributed to a need for additional storage outside of our homes. These trends have been a large boon to the self-storage industry.
The biggest hurdle for these facilities is to find appropriate locations that are conducive to balancing a very real public need versus the stigma that they are an unattractive and an undesirable addition to a neighborhood. These facilities prefer to be as close to residential neighborhoods as possible for the convenience of their customers, but planning and development regulations call for these facilities to be considered commercial uses. Fortunately, we have experience working with these types of facilities and are able to assist our clients through the process.
Marc Larocque is a PBN contributing writer. Contact him at Larocque@PBN.com. You may also follow him on Twitter @LaRockObama.
