Features

Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
Features

Crowdfunding and Mortgage Lending
This article discusses several topics that lenders should consider when making loans to borrowers that are indirectly funded using crowdfunded equity.
Features

COVID-19's Impact on Real Estate Valuations
Valuation of real estate during contemporary times is challenged and will continue to be so for several years. In a forced sale, a court should only consider pre-COVID-19 data whether it be comparable sales from 2018-2019, or financial data from the same period.
Features

Confession of Judgment Provisions In Commercial Leases
In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.
Features

Government Policies Could Be Concern for Commercial Real Estate Lenders
Significant concerns aren't necessarily issues caused by real estate lending, borrowing or underwriting. They're caused by government policy.
Features

Negotiating with Small Office Tenants on Pandemic Issues
Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.
Features

Drafting a Fair Force Majeure Provision In the Wake of COVID-19
Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
Features

Retail Lease Workout Trends Show 'We're All In This Together'
There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.
Features

New Normal Will See Shift In How Commercial Real Estate Is Done
By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.
Features

Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building
In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
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