How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate
April 01, 2022
After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.
Common Issues In Commercial Property Bankruptcies
April 01, 2022
A review of landlord-tenant bankruptcy issues that should be in the forefront for landlords and tenants in determining rights, obligations and strategies when a bankruptcy involving a commercial property is filed.
Landlord & Tenant Law
March 01, 2022
Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk
Discovery Necessary to Determine Whether Rent Concession Was Equivalent of Preferential Rent
Landlord Entitled to Exclude Rent Concession In Calculation of Regulated Rent
Lessee Entitled to Cancel When Lessor Did Not Acquire Title By Acquisition Deadline
Discounted Rent Was Legal Regulated Rent
Don't Forget to Read Those Condominium Documents
March 01, 2022
No matter how carefully you reviewed the lease, if you don't read the condominium documents you could be missing critical information relating to the unit and the building that is available only by reviewing the condominium documents.
Short-Term Leases Can Create Value Uncertainty
March 01, 2022
When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.
Common Issues In Commercial Property Bankruptcies
March 01, 2022
As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.
Strategies and Drafting Techniques for Loan Workouts and Enforcement In 2022
February 01, 2022
A series of strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement. This article isn't a "how-to" primer on loan enforcement or restructuring the distressed loan, it identifies some of the current solutions and insights that have been observed, implemented and proposed during this pandemic-impacted workout cycle.
Why Commercial Insurance Prices Are Rising
February 01, 2022
Commercial insurance prices are rising as increased costs from climate change, the supply chain crisis and inflation take hold, Westchester, a commercial property, and casualty insurance underwriter, said in a new report.