Features
7 Concerns for Commercial Real Estate Investors In a Volatile Market
It appears that the CRE industry is entering a period of high volatility with the Fed promising to raise interest rates, soaring inflation, the war in…
Features
How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate
After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.
Features
Second Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges
Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Columns & Departments
Landlord & Tenant Law
Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk Discovery Necessary to Determine Whether Rent Concession Was Equivalent of Preferential Rent Landlord Entitled to Exclude Rent Concession In Calculation of Regulated Rent Lessee Entitled to Cancel When Lessor Did Not Acquire Title By Acquisition Deadline Discounted Rent Was Legal Regulated Rent
Columns & Departments
Development
Local Law Was Consistent With Comprehensive Plan Planning Board Lacked Authority to Waive Zoning Requirements
Columns & Departments
Real Property Law
Easement By Necessity Claim Raises Question of Fact Merger Doctrine Barred Breach of Contract Claim But Not General Business Law Claim Business Judgment Rule Did Not Bar Claim Against Homeowners Association Insufficient Necessity to Support Easement By Implication Claim
Features
Don't Forget to Read Those Condominium Documents
No matter how carefully you reviewed the lease, if you don't read the condominium documents you could be missing critical information relating to the unit and the building that is available only by reviewing the condominium documents.
Features
Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions
The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Features
Short-Term Leases Can Create Value Uncertainty
When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.
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