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Columns & Departments

Landlord & Tenant

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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 Image

Trump Administration Bars SBA Loans to Cannabis Industry Support Businesses

Steven Schain

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

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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

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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 Image

The Tax-Exempt Entity's Property and a Lessee's Private Purpose

Janice G. Inman

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 Image

Considering Lease Assignment Provisions in the Light of an Enterprise's Broader Business Plan

Terrence M. Dunn

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 Image

Supreme Court Denies Cert in RLUIPA Case

Steven M. Silverberg

<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.

Columns & Departments

Case Notes

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She's Not a Third-Party Beneficiary

Columns & Departments

Development

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Merger Defeats Single and Separate Ownership Claim<br>Failure to Refer to County Planning Board Invalidates Grant of Area Variance<br>Denial of Natural Resources Special Permit Upheld<br>Village Ratifies Extension of Lease to Cell Phone Provider

Columns & Departments

Real Property Law

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Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal<br>Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot

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