Columns & Departments
Landlord & Tenant Law
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
Columns & Departments
Co-ops and Condominiums
Bylaw Provision Authorized Award of Fees Against Unit Owner
Features
American Rescue Plan Act Provides Pandemic Relief for Struggling Businesses
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.
Features
Landlord Not Liable for Harassment by Fellow Tenants
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.
Columns & Departments
Real Property Law
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
Columns & Departments
Landlord & Tenant Law
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
Columns & Departments
Co-ops and Condominiums
Co-Op Obligated to Facilitate Transfer By Holder of Unsold Shares
Columns & Departments
Development
Building Administrator Had No Authority to Make Site Plan Determinations
Features
Commercial Leases and Other Real Estate Transactions Are Subject to National Security Review
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.
Features
Retail Lease Workout In Bankruptcy Trends Show 'We're All In This Together'
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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