Regulating Interior Landmarks: New York Court Says Duties Don't End
What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.
Case Notes
Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud
The Basics When Reviewing a Real Estate Tax Provision
There are several clauses that rarely find their way into a landlord's initial draft of the lease that may be beneficial to a tenant. In addition, certain real estate tax provisions that are typically included in a landlord's standard lease form need to be carefully reviewed to make sure they are fair to both the landlord and the tenant.
Recreational Marijuana in New Jersey
<b><i>Real Estate and Other Issues Will Need Consideration</b></i><p>Given NJ Governor Phil Murphy's campaign pledge to legalize marijuana for recreational use in his first 100 days, the state is on the cusp of a major new revenue stream-recreational marijuana.
What Retailers Can Learn from Recent Bankruptcies
Understanding the factors leading up to these bankruptcies, as well as the strategies used by retailers to emerge from bankruptcy, can give retailers significant knowledge about trends in consumer spending and how retailers can improve their overall positions going forward.
Serving Two Masters: When 'Bankruptcy Remote' Meets Public Policy
<i><b>How Lenders to BREs Can Reduce the Risk of Debtor Bankruptcy Without Compromising Public Policies</b></i><p>Structured financing transactions, including those pertaining to commercial real estate, make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as “bankruptcy-remote entities,” or “BREs,” these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.
Anti-Forfeiture Statute Saves a Debtor's Exercise of Option to Renew Lease
In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
Landlord & Tenant
Section 8 Status Protects Tenant from Eviction<br>Questions of Fact About Acceptance of Surrender
Case Notes
Moratorium Invalidated Where Consideration of Zoning Changes Not Planned<br>In Texas, LLCs Cannot Be Made to Pay Attorney Fees<br>No Interaction, No Equitable Tolling
From Tension to Success: Broker-Owner Relationships in Retail Leasing
If you are involved in lease negotiations on behalf of retail asset owners, you already know that at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
