Features
Appellate Division First Department Declares Fee Mandate of Soho/Noho Rezoning Unconstitutional
This past December, the Appellate Division, First Department struck down a key provision of New York City’s recently amended Zoning Resolution.
Columns & Departments
Landlord & Tenant Law
Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels
Columns & Departments
Co-ops and Condominiums
In Tax Foreclosure Proceeding, Condominium Board Entitled to Recover Only Those Common Charges Covered By Its LienProprietary Lease Gave Co-Op Authority to Mandate Removal of Whirlpool
Features
Franchisers: Watch Out for Fraud When Using a Franchise Broker
Because franchise brokers have been historically free from making any type of disclosures about their pre-exiting relationship with the franchise companies they are marketing to the prospect, the prospect often feels that the broker is working for them, when in fact, the broker has a financial incentive to make a sale.
Features
Trump Looks to Sell Fed Offices to Private Sector While Demanding Full RTO
The Trump administration wants to sell two-thirds of the government’s office stock to the private sector. The actions could have a significant impact on the DC property market. Many landlords depend on the government as an anchor tenant. If the space is suddenly cut loose, it could fall in value and leave owners without many options.
Columns & Departments
Real Property Law
Mortgagee’s Claim Time-BarredEasement By Prescription EstablishedHearing Necessary for License FeeQuestions of Fact About Right to Park Over Servient LandMonuments Take Priority Over Metes and Bounds Description
Features
Potential Antitrust Risks When Using AI-Driven Software Pricing Tools
Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but can also lead to serious antitrust risks.
Features
Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?
One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.
Features
What You Need to Know About PA’s Act 52
The Wholesale Real Estate Transaction Transparency and Protection Act, which requires real estate wholesalers to obtain licensing and grants additional protections to property owners in wholesale transactions, will take effect on Jan. 4, 2025.
Features
What’s In Store for Commercial Real Estate In 2025?
With the start of 2025, the pressure’s on for definitive takes on where commercial real estate is going, how long it will take to get there, and who the winners and losers are.
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