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Features

Commercial Real Estate Lenders Face Remedy or Relief Decision In COVID-19 Image

Commercial Real Estate Lenders Face Remedy or Relief Decision In COVID-19

Peter E. Fisch & Salvatore Gogliormella

Lenders in default scenarios face a choice of whether to exercise remedies and take over their collateral, or offer relief measures to their borrowers, either in the form of short-term forbearance or a permanent loan modification.

Features

Lease Default Provisions Face Scrutiny During COVID-19 Image

Lease Default Provisions Face Scrutiny During COVID-19

Warren A. Estis & Alexander Lycoyannis 

As rent defaults skyrocket in 2020, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent?

Features

Possible Long-Term Impacts of COVID-19 on Commercial Real Estate Image

Possible Long-Term Impacts of COVID-19 on Commercial Real Estate

Steve Vainder

While it is likely that the long-term impact of COVID-19 on commercial real estate will be significant, the short-term effect may be to accelerate sector and geographic trends that were already prevalent before the pandemic emerged.

Features

Valuations Forecasted to Decline in COVID-19's Wake Image

Valuations Forecasted to Decline in COVID-19's Wake

Rayna Katz

Taking a pulse on the impact of the pandemic on all sectors of global commercial real estate, valuation firm Duff & Phelps, in conjunction with the GRI club, surveyed over 300 directors on the state of affairs.

Features

Ninth Circuit Upholds Most FCC Restrictions on Local Government Review of Wireless Installations Image

Ninth Circuit Upholds Most FCC Restrictions on Local Government Review of Wireless Installations

Steven M. Silverberg & Katherine Zalantis

The Ninth Circuit Court of Appeals' recent decision in City of Portland v. Unites States significantly affects the ability of local governments to regulate the installation of so called "small cell" wireless facilities and addresses the ability of wireless providers to utilize utility poles.

Features

COVID Shutdown Orders v. Statutory Rent Obligations Image

COVID Shutdown Orders v. Statutory Rent Obligations

Brett S. Theisen & Mark B. Conlan 

Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.

Features

Density and Dimensional Bonuses Allowed for Mixed-Used Properties Under the Philadelphia Zoning Code Image

Density and Dimensional Bonuses Allowed for Mixed-Used Properties Under the Philadelphia Zoning Code

Alan Nochumson & Clementa Amazan

Part One in a Series Over the years, the city government has amended the Philadelphia Zoning Code to include incentives to increase the amount of housing units as well as the size of such building structures. Over the course of several articles, we will be discussing the "zoning" bonuses a property owner can take advantage of when developing a property within city limits. This part delves into the Mixed Income Housing Bonus, Green Roof Bonus, and the Fresh Food Market Bonus.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Neighbors Who Used Concrete Platform Adjacent to Fence Established Title By Adverse Possession Lawyer Who Failed to Terminate Contract in Accordance With Seller's Instructions Did Not Commit Legal Malpractice Developer Strictly Liable for Damages Caused By Excavation Contract Vendee Who Did Not Seek Mortgage In Its Own Name Failed to Comply with Mortgage Contingency Clause

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Fine for Refusal to Remove Dogs Upheld Under Business Judgment Rule

Features

New York's Commercial Lease Defenses to Paying Rent Image

New York's Commercial Lease Defenses to Paying Rent

Adam Leitman Bailey & Dov Treiman

Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent.

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