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Commercial Leasing Law & Strategy
Hoteling Here to Stay As Law Firms Return to the Office
Anthony Davies
For the Big 4 consultancies, hoteling has been a positive operational construct for over a decade, or in some cases longer. The success of the decentralized law firm depends in some part on how well firms can shift “hoteling” from the negative connotation of “losing my desk” to the positive connotation of “having a hotel-like experience.”
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Commercial Leasing Law & Strategy
Fear of Unknown In Force Majeure Litigation Prompting Settlements
Charles Toutant
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
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New York Real Estate Law Reporter
Legislature Modifies HSTPA to Assist Co-ops
Jeffrey Schwartz and Mark Hakim
In June, New York’s lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.
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Commercial Leasing Law & Strategy
Frustration-of-Purpose Use In Commercial Leases During the Pandemic
Joshua Wurtzel
The use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the commercial real estate market — and the economy more generally.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
License to Enter Neighbor’s Property Reversed
Partnership Lacked Authority to Convey Property
Questions of Fact About Whether Easement Extinguished By Adverse Possession
Purchaser Acquired Deed By False Pretenses
Broker Failed to Establish Agreement to Pay Commission
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Commercial Leasing Law & Strategy
Will Delta Variant of COVID-19 Impact Commercial Real Estate Recovery?
Erik Sherman
The new Delta variant of COVID-19 is speeding across the country, raising the question of whether the assumptions earlier this year of an economic rebound — some even predicted a super bounce — were premature.
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New York Real Estate Law Reporter
Development
NYRE Staff
ZBA Did Not Have to Act Unanimously
Activist Not Entitled to Nullification of Cover Letter Community Board Included With Its Recommendations
DOB’s Approval of Homeless Shelter Upheld
Area Variance Upheld
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Commercial Leasing Law & Strategy
Strategies for Creating Value In Today’s CRE Market
Joseph J. Ori
A look at some value-added strategies a commercial real estate owner/manager must adopt to create value in this tough environment.
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Rent Act of 2015 Did Not Re-Regulate Deregulated Apartments
Tenant Waiver of Claims for Lost Profits Upheld
Landlord Not Liable for Tenant on Tenant Harassment
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Bylaw Provision Authorized Award of Fees Against Unit Owner
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Commercial Leasing Law & Strategy
American Rescue Plan Act Provides Pandemic Relief for Struggling Businesses
David J. Gellen and Constantine Christakis
As the U.S. economy continues to recover from the pandemic, the American Rescue Plan Act may help many businesses endure and overcome the historic challenges they have faced. While there is still uncertainty as to its impact on our economy, the Act nonetheless is a significant piece of federal legislation.
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New York Real Estate Law Reporter
Landlord Not Liable for Harassment by Fellow Tenants
Stewart E. Sterk
In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant’s claims against a landlord who failed to take action against a harassing tenant. The court’s holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant’s complaint will have to include more than bare-bones allegations of intentional discrimination.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Easement By Prescription and Easement By Estoppel Claims Entitle Owner to Preliminary Injunction
Right of First Refusal Valid Under Rule Against Perpetuities
Easement Holder Not Liable for Trespass
Mortgagor Entitled to Cancellation When Mortgagee’s Beneficiaries Ratified Transaction
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Questions of Fact Remained About Loft Law Coverage
Tenant Validly Terminated Subtenants’s Lease
Conversion of Tenant from Corporation to LLC Did Not Relieve Guarantor of Liability
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Co-Op Obligated to Facilitate Transfer By Holder of Unsold Shares
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New York Real Estate Law Reporter
Development
NYRE Staff
Building Administrator Had No Authority to Make Site Plan Determinations
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Commercial Leasing Law & Strategy
Commercial Leases and Other Real Estate Transactions Are Subject to National Security Review
Gordon F. Peery
A second wave of national security concerns hit real estate markets in the United States -- the publication of rules focusing on real estate by the U.S. Department of the Treasury is the catalyst of national security reviews of certain leases, purchases, sales, joint ventures and other investments with non-U.S. parties.
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The Bankruptcy Strategist
Retail Lease Workout In Bankruptcy Trends Show ‘We’re All In This Together’
David Samole
Landlords and commercial tenants have proven savvy and mutually symbiotic. These entities learned quick lessons during the pandemic to sustain the landlord-tenant relationship on adjusted footing or otherwise to provide an agreeable runway for a lease exit minimizing the damage to landlords and tenants. Three workout trends reflect this changing landscape that “we are all in this together.”
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Commercial Leasing Law & Strategy
Legal Sector Insights: The Current Status and Future of the Law Firm Workplace
Ryan J. Hoopes
Most industries are navigating the effects of rapid forced changes caused by the pandemic. What sets the legal sector apart is that the pandemic served as a catalyst to accelerate trends ahead at lightning speed which have been predicted for over a decade.
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Commercial Leasing Law & Strategy
ESG Practices, Spurred By Pandemic, Will Play Role In Future of Real Estate Investment
Kelsi Maree Borland
Over the last decade, commercial real estate players have increasingly considered the environment and sustainability when underwriting investments and operating properties, but the pandemic has catalyzed rapid growth in ESG adoption.
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New York Real Estate Law Reporter
Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Steven M. Silverberg
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
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New York Real Estate Law Reporter
Development
NYRE Staff
Summons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons
Special Exception Denial Upheld
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New York Real Estate Law Reporter
Landlord and Tenant Law
NYRE Staff
Tenant’s Cure of Default Reinstates Lease Renewal Option
Rent-Stabilized Status Survives Tax Foreclosure Sale
Tenant Entitled to Yellowstone Injunction Without Taking Steps to Cure Default
Landlord Entitled to Use and Occupancy, Not Rent, After Lease Termination
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Easement Scope Limited to Ingress and Egress
Seller Entitled to Cancel When Purchaser Did Not Obtain Government Development Approvals
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Commercial Leasing Law & Strategy
Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Steven M. Silverberg
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
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Commercial Leasing Law & Strategy
Crowdfunding and Mortgage Lending
Jeffrey B. Steiner and David Broderick
This article discusses several topics that lenders should consider when making loans to borrowers that are indirectly funded using crowdfunded equity.
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Commercial Leasing Law & Strategy
COVID-19’s Impact on Real Estate Valuations
Michael Rikon
Valuation of real estate during contemporary times is challenged and will continue to be so for several years. In a forced sale, a court should only consider pre-COVID-19 data whether it be comparable sales from 2018-2019, or financial data from the same period.
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Commercial Leasing Law & Strategy
Confession of Judgment Provisions In Commercial Leases
Megan E. Moyer and Kevin M. Levy
In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord’s toolkit for enforcing its leases and preserving its remedies.
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Commercial Leasing Law & Strategy
Government Policies Could Be Concern for Commercial Real Estate Lenders
Les Shaver
Significant concerns aren’t necessarily issues caused by real estate lending, borrowing or underwriting. They’re caused by government policy.
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Commercial Leasing Law & Strategy
Negotiating with Small Office Tenants on Pandemic Issues
Erika Morphy
Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.
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Commercial Leasing Law & Strategy
Drafting a Fair Force Majeure Provision In the Wake of COVID-19
Scott R. Lippert and Darcy Baboulis-Gyscek
Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
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Commercial Leasing Law & Strategy
Retail Lease Workout Trends Show ‘We’re All In This Together’
David Samole
There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.
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Commercial Leasing Law & Strategy
New Normal Will See Shift In How Commercial Real Estate Is Done
Aron Solomon
By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.
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New York Real Estate Law Reporter
Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building
Paul D. Selver and James P. Power
In Committee for Environmentally Sound Development (“CESD”) v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance
No Specific Performance When Purchaser Failed to Elect Contract Remedies
Subdivision of Dominant Parcel Did Not Terminate Easement
Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property
Questions of Fact Preclude Summary Judgment on Specific Performance Claim
Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners
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Commercial Leasing Law & Strategy
Underwriting Adjusts As Pandemic Continues
Erika Morphy
Underwriting clearly has been affected by the pandemic-led downturn. Lenders are using higher vacancies and reserves to underwrite, leading to more conservative loan proceeds.
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New York Real Estate Law Reporter
Co-ops and Condominiums
Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status
Abandonment of Easement By Condominium Unit Owner
Condominium Unit Owner Entitled to Damages for Board’s Failure to Approve Transfer
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Commercial Leasing Law & Strategy
Law Firms Should Take Advantage of Tenant Market Post-COVID-19
Timothy M. Hazel and Gaetan J. Alfano
Due to COVID-19’s impact, the commercial office market should fundamentally shift in favor of tenants for the next several years. Law firm tenants should find an environment characterized by friendly concessions, options across asset classes and price ranges, and limited competition for space.
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
HSTPA Did Not Apply Retroactively to Personal Use Petition
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Commercial Leasing Law & Strategy
Office Market Recovery Brings Opportunity
Les Shaver
The office market weathered a pandemic-fueled revolution last year, but both owners and tenants responded with impressive adaptability and endurance. Those things bode quite well for the sector’s recovery.
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Commercial Leasing Law & Strategy
Foreclosure Statute of Limitations
Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
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Commercial Leasing Law & Strategy
10 Tips for Navigating the Commercial Tenant Bankruptcy Process
Stephanie C. Lieb and Alexander Zesch
Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.
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New York Real Estate Law Reporter
Foreclosure Statute of Limitations
Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
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Commercial Leasing Law & Strategy
Commercial Landlords Look to Make Buildings Safe During and After COVID-19
Les Shaver
Adaption was a critical skill for many commercial real estate firms throughout the pandemic. Companies had to hustle to get the supplies to protect their employees and residents. They’re not only thinking about what can protect their occupants from COVID, but what high-tech investments can make their buildings healthier in the future.
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New York Real Estate Law Reporter
Real Property Law
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
Seller Denied Summary Judgment on Purchaser’s Fraudulent Inducement Claim
Fraudulent Transfer Claim Reinstated
Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water
Supreme Court Improperly Denied Specific Performance to Purchasers
Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee
Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale
Judgment Lien Enforced Despite Error In Docketed Amount
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Commercial Leasing Law & Strategy
Landlords Could See Courts Sympathetic to Tenants In Eviction Lawsuits
James D. Silver
While residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic’s financial impact and to save their leases.
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New York Real Estate Law Reporter
Landlord & Tenant Law
Tenant Entitled to Terminate Lease When Premises Were Not Broom Clean
Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable
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Commercial Leasing Law & Strategy
Law Firms Taking Advantage of Tenant’s Market In Office Space
Meredith Hobbs
Law firms are waiting to see how new trends like working remotely play out for office space post-pandemic, but that wait-and-see approach has created a tenant’s market with opportunities for proactive firms in the short term.
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New York Real Estate Law Reporter
Development
NYRE Staff
Use Variance Denial Upheld
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond
Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges
Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud
Failure to Inspect Premises Precludes Purchasers’ Claim for Fraud
Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty
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