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Columns & Departments

Development Image

Development

NYRE Staff

No Automatic Entitlement to Special Permit Adverse Impact on Burial Sites Justified Variance Denial Area Variance Denial Upheld Special Permit Grant Reinstated

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Nonprofit Has Standing to Challenge Condominium's Alleged Violation of Fair Housing Act

Features

The Real Estate Leasing Lawyer's Role In an M&A Deal With a Reps & Warranties Policy Image

The Real Estate Leasing Lawyer's Role In an M&A Deal With a Reps & Warranties Policy

Aaron L. Pawlitz

This article provides an overview of the most commonly-accepted purposes of an RWI policy and an overview of the RWI policy underwriting process.

Features

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants Image

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants

Joshua Kopelowitz & Matthew J. Schenker

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.

Features

How to Avoid the Claim Cap Becoming a 'Claim Trap' Image

How to Avoid the Claim Cap Becoming a 'Claim Trap'

Sherry Millman & Genna Grossman

Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.

Features

Small Business Tenants: Know Thy Lease Image

Small Business Tenants: Know Thy Lease

Chad Van Horn

Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.

Features

The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts Image

The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts

Erik Sherman

Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.

Features

Transitional Housing Arrangements Are Not Illusory Tenancies Image

Transitional Housing Arrangements Are Not Illusory Tenancies

Nativ Winiarsky

The Appellate Division Second Department recently issued a landmark ruling in Sapp et al v. Clark Wilson et al concerning two hot button issues; namely illusory subtenancies and status of transitional occupants.

Columns & Departments

Development Image

Development

NYRE Staff

Local Law Prohibiting Drive-Through Windows Requires Full Environmental Assessment Form Area Variance Denial Upheld Redevelopment Project Did Not Transfer Inalienable Parkland Town Board Took Requisite Hard Look At Environmental Impact of Mixed-Use Development Court Rejects Claim of Conspiracy to Violate Vested Rights

Features

Can a Tenant Enforce a Right of Refusal In Third-Party Sale? Image

Can a Tenant Enforce a Right of Refusal In Third-Party Sale?

Alan Nochumson & Alex Goldberg

In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.

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