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Features

Seven Commercial Real Estate Investment Strategies for 2023 Image

Seven Commercial Real Estate Investment Strategies for 2023

Joseph J. Ori

With the year starting out amid uncertainty and no small amount of pessimism, there are certain strategies that promise to play well amid the environment. Read on to find out what will work in 2023.

Features

Court Declines to Block Retroactive Application of HSTPA Image

Court Declines to Block Retroactive Application of HSTPA

Randi Beth Gilbert, Richard T. Walsh, Jillian N. Bittner, & Niles C. Welikson

The Housing Stability and Tenant Protection Act amended the Rent Stabilization Law and, among other draconian changes, severely curtailed landlords' incentives to modernize and otherwise improve rent regulated apartments by limiting the ability to recover the costs of individual apartment improvements (IAIs) to vacant apartments.

Features

Development Issues for Tenants to Consider In Build to Suit Leases Image

Development Issues for Tenants to Consider In Build to Suit Leases

Ian Sutton

There are several issues and terms to consider related to the development process that differentiate build to suit leases from a standard commercial lease that are important for the tenant to understand to effectively manage costs and effectively protect itself from delays in the development schedule.

Features

What Rights Does Commercial Subtenant Have In Security Deposit When Landlord Files for Bankruptcy? Image

What Rights Does Commercial Subtenant Have In Security Deposit When Landlord Files for Bankruptcy?

Andrew C. Kassner & Joseph N. Argentina Jr.

Section 365 of the Bankruptcy Code, which governs the disposition of executory contracts, has specific provisions regarding the disposition of commercial real estate leases in bankruptcy, including the rights of a tenant to remain in possession of the leased premises when the landlord files a bankruptcy case and rejects the lease. But what rights does a tenant have with regard to the security deposit delivered by the tenant to the landlord?

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Rent Obligations of Successor Tenant to Rent-Controlled Apartment Commences At Prior Tenant's Death Landlord Not Entitled to Attorneys' Fees Incurred In Defending Unsuccessful Class Action

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Administrator's Deed Divested Distributees of Ownership Interest No Rescission of Deed When Mistake Was Not Mutual Restrictive Covenant Did Not Bar Educational Use Issues of Fact About Mortgagee's Knowledge of Fraud Precludes Summary Judgment No Private Right of Action to Enforce Food Cart Regulations

Features

Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable Image

Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable

Allison Dunn

The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."

Features

Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic Image

Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic

Adam Leitman Bailey & John M. Desiderio

In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Absence of Itemized Statement Did Not Justify Cancellation of Co-Op Corporation's Liens Jury Trial Waiver Enforced Statute of Frauds Prevents Enforcement of Gift of Co-Op Shares Mitchell-Lama Occupant Successor Occupant Entitled to Injunction Tolling Exclusive Purchaser Period

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Landlord's Re-Entry Not Authorized By Lease Provision Plans to Demolish Building Supported Denial of Renewal Lease Guarantor Entitled to Raise Questions of Fact About Entitlement to Rent Abatements

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