Features

A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default
This article discusses the value of prepackaged bankruptcy as an alternative route for addressing commercial mortgage defaults in high tax jurisdictions.
Columns & Departments
Landlord & Tenant Law
Landlord Not Entitled To Lock Out Subtenant Landlord Did Not Release Tenant from Rent Obligation Allowable Rent Increases Permitted Luxury Decontrol
Features

NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks
In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.
Features

Where CRE Prices Are Trending By Type
The Trepp Property Price Index (TPPI), which measures CRE price movements over time, is now generating sector-specific figures for multifamily, office, retail, industrial and lodging.
Columns & Departments
Co-ops and Condominiums
Sale of Unit Did Not Extinguish Liability for Common Charges
Features

Majority of U.S. Law Firms Plan to Change Real Estate Footprint Over Next Two Years
Roughly 85% of U.S. law firms plan to change the size of their real estate portfolio over the next two years, with more than half expecting to add space and about a third planning to reduce it.
Features

Supreme Court Limits Impact Fees
In April, the U.S. Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies. The Court's decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.
Features

NY Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims
The Southern District of New York affirmed a bankruptcy court's holding that the statutory cap on a landlord's damage claim "applies to [its] claim against a [Chapter 11] debtor-guarantor."
Columns & Departments
Real Property Law
Damage Limitation Does Not Require Dismissal of Buyer's Claim When Buyer Alleges Bad Faith Easement Not Extinguished By Adverse Possession Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims
Features

U.S. Supreme Court Limits Development Impact Fees
In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.
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