Features

The Comprehensive Plan Requirement
Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?
Features

The Tax Cuts and Jobs Act — How It Affects Real Estate
<b><i>Part One of a Two-Part Article</b></i><p>The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.
Columns & Departments
Development
Developer Had No Vested Right to Subdivision<br>TDR Provision Not Adequately Referred to County Planning Board
Columns & Departments
Landlord & Tenant
Vacancy Increase Counts in Determining Rent Deregulation Threshold<br>LINC Program Violates Urstadt Law<br>Fraud Justifies Rent Overcharge Award<br>Fair Housing Act Claim Not Barred By Statute of Limitations
Features

Trump Administration Bars SBA Loans to Cannabis Industry Support Businesses
The U.S. Small Business Administration updated its standard operating procedures to prohibit providing loans to both marijuana- and hemp-related businesses and businesses deriving any gross revenue from sales to marijuana-related businesses (MRBs) including those providing lighting, hydroponic equipment or testing services.
Columns & Departments
Real Property Law
Contract Satisfies Statute of Frauds<br>Contract Vendee Failed to Perform<br>Questions of Fact Preclude Dismissal of Constructive Trust Claim<br>Questions of Fact About Scope of Mortgage
Columns & Departments
Case Notes
Bifurcation Is Not the Answer<br>Zoning Board's Variance Not Extinguished Despite Lack of Standing<br>Delay Tactics Cost Tenant $24 Million
Features

The Tax-Exempt Entity's Property and a Lessee's Private Purpose
When a tax-exempt property's use by a lessee involves an element of private profit. Is the tax-exempt status lost?
Features

Considering Lease Assignment Provisions in the Light of an Enterprise's Broader Business Plan
When entering into or acquiring leases for locations, a retail or restaurant business must consider broader business concerns in negotiating the leases' assignment provisions. Those provisions can inadvertently create major obstacles in the ultimate conveyance or financing of the business.
Features

Supreme Court Denies Cert in RLUIPA Case
<b><i>Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses</b></i><p>The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.
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