Columns & Departments
Real Property Law
Historic District Designation Not Covered By Title Insurance Liquidated Damages Provision Not an Unenforceable Penalty
Columns & Departments
Landlord & Tenant Law
Unsigned Lease Agreement Not Binding Requirement That Tenants Speak English Supports Fair Housing Act Claim Nonpayment During Pandemic Not Excused By Lease's Casualty Clause Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation
Columns & Departments
Development
No Automatic Entitlement to Special Permit Adverse Impact on Burial Sites Justified Variance Denial Area Variance Denial Upheld Special Permit Grant Reinstated
Columns & Departments
Co-ops and Condominiums
Nonprofit Has Standing to Challenge Condominium's Alleged Violation of Fair Housing Act
Features
The Real Estate Leasing Lawyer's Role In an M&A Deal With a Reps & Warranties Policy
This article provides an overview of the most commonly-accepted purposes of an RWI policy and an overview of the RWI policy underwriting process.
Features
NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.
Features
How to Avoid the Claim Cap Becoming a 'Claim Trap'
Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.
Features
Small Business Tenants: Know Thy Lease
Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.
Features
The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts
Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.
Features
Transitional Housing Arrangements Are Not Illusory Tenancies
The Appellate Division Second Department recently issued a landmark ruling in Sapp et al v. Clark Wilson et al concerning two hot button issues; namely illusory subtenancies and status of transitional occupants.
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