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Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

No Binding Contract Between COOPA and Shareholders Failure to Provide Notice of Mortgage Justifies Return of Downpayment In Foreclosure Sale

Features

New Definition of 'Waters of the United States' Image

New Definition of 'Waters of the United States'

Steven M. Silverberg

In April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.

Features

Negotiating Surrender Clauses In Commercial Leases Image

Negotiating Surrender Clauses In Commercial Leases

Stephanie Friese

Notwithstanding the importance of a lease to the balance sheets of both landlords and tenants, surrender provisions are commonly glossed over and consequences can be detrimental to either side.

Features

Liquidated Damages In Real Estate Transactions Image

Liquidated Damages In Real Estate Transactions

Adrienne B. Koch & Neil S. Miller

Commercial real estate is a unique asset, making damages resulting from a breach of an agreement involving it are often difficult to measure. As a result, parties to such agreements must give careful thought to the remedies for such breach, including liquidated damages.

Features

Why CRE Experts Believe It's a Good Time to Buy Office Image

Why CRE Experts Believe It's a Good Time to Buy Office

Richard Berger

The full pain of the post-pandemic office market hasn't been felt, since many tenants still have time left on their leases. As these leases expire, many tenants will either reduce their size or simply not renew their leases. This phenomenon means a long-term (if not permanent) reduction in the demand for office space.

Features

What Constitutes A Landlord's Acceptance of a Tenant's Surrendered Lease During COVID? Image

What Constitutes A Landlord's Acceptance of a Tenant's Surrendered Lease During COVID?

Cedra Mayfield

As pandemic-related business disruptions continue to appear on dockets statewide, a reversal by the Georgia Court of Appeals has clarified what does, or rather does not, constitute a landlord's acceptance of a tenant's surrendered lease.

Features

Ten of the Worst Words to Hear In a CRE Deal Image

Ten of the Worst Words to Hear In a CRE Deal

Joseph J. Ori

There are many positive words and terms of wisdom in the CRE industry: That was a great deal, great management equals great value, etc. Conversely, there are also some very scary words and phrases in the CRE industry. Below are 10 of the worst.

Features

'Best Efforts' Clauses In Commercial Leases Image

'Best Efforts' Clauses In Commercial Leases

Gary M. Rosenberg, Alexander Lycoyannis & Michael A. Pensabene

Undefined terms of art such as "best efforts" are often utilized in commercial leases, but the interpretation of those terms and the enforceability of the clause, when left to the courts, will turn on how the lease is drafted.

Features

The Impact of Local Law 97 Image

The Impact of Local Law 97

Matthew Schneid

Local Law Number 97 was enacted by the City of New York to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

Features

The Impact of New York's Greenhouse Gas Law Image

The Impact of New York's Greenhouse Gas Law

Matthew Schneid

New York City's Local Law Number 97 was enacted to amend the New York City Charter and Administrative Code to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

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