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Features

Valuations Forecasted to Decline in COVID-19's Wake Image

Valuations Forecasted to Decline in COVID-19's Wake

Rayna Katz

Taking a pulse on the impact of the pandemic on all sectors of global commercial real estate, valuation firm Duff & Phelps, in conjunction with the GRI club, surveyed over 300 directors on the state of affairs.

Features

Density and Dimensional Bonuses Allowed for Mixed-Used Properties Under the Philadelphia Zoning Code Image

Density and Dimensional Bonuses Allowed for Mixed-Used Properties Under the Philadelphia Zoning Code

Alan Nochumson & Clementa Amazan

Part One in a Series Over the years, the city government has amended the Philadelphia Zoning Code to include incentives to increase the amount of housing units as well as the size of such building structures. Over the course of several articles, we will be discussing the "zoning" bonuses a property owner can take advantage of when developing a property within city limits. This part delves into the Mixed Income Housing Bonus, Green Roof Bonus, and the Fresh Food Market Bonus.

Features

New York's Commercial Lease Defenses to Paying Rent Image

New York's Commercial Lease Defenses to Paying Rent

Adam Leitman Bailey & Dov Treiman

Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent.

Features

COVID Shutdown Orders vs. Statutory Rent Obligations Image

COVID Shutdown Orders vs. Statutory Rent Obligations

Brett S. Theisen & Mark B. Conlan

Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach. This clearly is an evolving trend that should continue for at least the duration of the pandemic and perhaps beyond, as bankruptcy judges and practitioners seek out creative and unique responses to difficult issues.

Features

COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases Image

COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases

Marisa L. Byram

As we all expected, cases are being brought and decided on the issue of whether the COVID-19 pandemic and related governmental shut down orders trigger force majeure clauses in commercial leases and operate to excuse the performance of commercial tenants. While force majeure clauses vary widely, a recent decision from an Illinois Bankruptcy Court may provide guidance to help resolve disputes without resorting to the courts.

Features

NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny Image

NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny

Ian Steinberg

New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.

Features

New York's Commercial Lease Defenses to Paying Rent Image

New York's Commercial Lease Defenses to Paying Rent

Adam Leitman Bailey & Dov Treiman

Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent: frustration of purpose, impossibility of performance, and force majeure.

Features

Commercial Real Estate Market Lags Behind Residential Rebound Image

Commercial Real Estate Market Lags Behind Residential Rebound

Phillip Bantz

National Association of Realtors Survey Shows Most Commercial Tenants Struggling to Pay Rent While the residential real estate market is experiencing what appears to be a swift rebound from the coronavirus-induced slump, the commercial landscape still looks relatively bleak.

Features

Twitter Chat Recap Image

Twitter Chat Recap

ljnstaff

Several members of Commercial Leasing Law & Strategy's Board of Editors and contributors to Law.com and our ALM sibling GlobeSt.com took part in a Twitter chat on "Do We Need Offices Anymore?"

Features

Legal Office of the Future — Reimagined Image

Legal Office of the Future — Reimagined

Bella Schiro & Misun Yoon

Many in the legal economy may be asking themselves whether they need office space at all now that everyone has been forcibly migrated to cyberspace. But having experienced work from home for several months, there is a newfound appreciation for the office workplace. But what will the office look like when we return to it?

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