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A Primer on Landlord Exculpatory Provisions In Leases Image

A Primer on Landlord Exculpatory Provisions In Leases

Marisa L. Byram & Garrett L. Kinkelaar

Keystone Specialty Services Co. v. Ebaugh Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.

Features

Commercial Real Estate Market Sees Shift Toward 'Densification' As Firms Look Long Term Image

Commercial Real Estate Market Sees Shift Toward 'Densification' As Firms Look Long Term

Jessie Yount

Real estate executives say the construction of the office of the future is well underway within the legal industry, despite a dip in leasing activity at the beginning of the year. However, there is a shift toward "densification," as firms take advantage of favorable market conditions and make longer-term commitments.

Features

Supreme Court Addresses Municipal Sign Regulations, Again Image

Supreme Court Addresses Municipal Sign Regulations, Again

Steven M. Silverberg

In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to "off-premises" signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.

Features

Commercial Real Estate Market Optimistic Image

Commercial Real Estate Market Optimistic

Paul Bergeron

The commercial real estate industry is having little trouble shrugging off today's challenging economic situations and its optimism is brewing with recent pandemic restrictions being lifted, according to a state of the market survey from DLA Piper.

Columns & Departments

Landlord & Tenant Law Case Update Image

Landlord & Tenant Law Case Update

Stewart E. Sterk

COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent

Features

Making Sense of the 421-A Rent Concession Appeals Image

Making Sense of the 421-A Rent Concession Appeals

Jeffrey Turkel

Landlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.

Features

Options for Commercial Property Owners With Distressed Assets Image

Options for Commercial Property Owners With Distressed Assets

William (Bill) Lobel

Cyclical challenges in the economy are nothing new, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.

Features

Effects of Inflation on Commercial Real Estate Image

Effects of Inflation on Commercial Real Estate

Steven J. Reed

While growth of the job market and the economy are the most important factors affecting commercial real estate, the emergence of historic rising inflation has its effects as well.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement Statute of Limitations Does Not Bar Strict Foreclosure Action

Features

New Workplace Strategies for Commercial Real Estate Companies Image

New Workplace Strategies for Commercial Real Estate Companies

Kelsi Borland

Almost every company is rethinking workplace strategy in the wake of the pandemic — and commercial real estate companies, which are office users in their…

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