Landlord Tenant Law

  • Real Property Sale Proceeds Must Be Used to Pay Unavoided Portion of IRS Tax Lien First

    Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, this article reports on a recent Ninth Circuit decision that reversed a decision of the bankruptcy court, affirmed by the district court, allocating the distribution of the proceeds of a sale of real property pro rata between the Internal Revenue Service on account of its tax lien, and the bankruptcy estate.

    February 01, 2025Andrew C. Kassner and Joseph N. Argentina Jr.

  • Landlord & Tenant Law

    Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels

    February 01, 2025New York Real Estate Law Reporter Staff

  • Co-ops and Condominiums

    In Tax Foreclosure Proceeding, Condominium Board Entitled to Recover Only Those Common Charges Covered By Its LienProprietary Lease Gave Co-Op Authority to Mandate Removal of Whirlpool

    February 01, 2025New York Real Estate Law Reporter Staff

  • Franchisers: Watch Out for Fraud When Using a Franchise Broker

    Because franchise brokers have been historically free from making any type of disclosures about their pre-exiting relationship with the franchise companies they are marketing to the prospect, the prospect often feels that the broker is working for them, when in fact, the broker has a financial incentive to make a sale.

    February 01, 2025Ronald K. Gardner

  • Trump Looks to Sell Fed Offices to Private Sector While Demanding Full RTO

    The Trump administration wants to sell two-thirds of the government’s office stock to the private sector. The actions could have a significant impact on the DC property market. Many landlords depend on the government as an anchor tenant. If the space is suddenly cut loose, it could fall in value and leave owners without many options.

    February 01, 2025Erik Sherman

  • Real Property Law

    Mortgagee’s Claim Time-BarredEasement By Prescription EstablishedHearing Necessary for License FeeQuestions of Fact About Right to Park Over Servient LandMonuments Take Priority Over Metes and Bounds Description

    February 01, 2025New York Real Estate Law Reporter Staff

  • Potential Antitrust Risks When Using AI-Driven Software Pricing Tools

    Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but can also lead to serious antitrust risks.

    January 01, 2025Ryan Krone and Richard Brosnick

  • Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?

    One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.

    January 01, 2025Francis J. Lawall and Nikki Donofrio

  • What You Need to Know About PA’s Act 52

    The Wholesale Real Estate Transaction Transparency and Protection Act, which requires real estate wholesalers to obtain licensing and grants additional protections to property owners in wholesale transactions, will take effect on Jan. 4, 2025.

    January 01, 2025John Hosa