Item 8.01 Other Events.

As previously announced, BRT Realty Trust (the "Trust") declared a special dividend of $1.15 per share, payable on October 30, 2009 to record holders of September 30, 2009 in stock and in cash, at the election of each shareholder, subject to certain limitations. The Trust has filed with the Securities and Exchange Commission a prospectus supplement relating to its shares of beneficial interest that may be issued in payment of the dividend. In connection therewith, the Trust has filed as Exhibit 5.1 to this report the opinion of Sonnenschein Nath & Rosenthal LLP as to the legality of the securities.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

5.1 Opinion of Sonnenschein Nath & Rosenthal LLP.

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Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

BRT REALTY TRUST

Date: October 1, 2009 By: Simeon Brinberg Simeon Brinberg
Senior Vice President

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