District Court Rules on Ripeness of Claim Under RLUIPA
December 01, 2022
When does a RLUIPA claim become ripe? A federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a "futility exception" to the requirement that a landowner obtain a final decision before proceeding to federal court.
Severing a Master Lease Raises Thorny Issues
December 01, 2022
A master lease structure is often used where a single landlord and a single tenant intend to lease multiple properties. By using a master lease structure to cover multiple properties as opposed to individual leases, the parties can streamline administration of a large-scale portfolio of properties. However, master lease severance comes with a series of complications.
CRE Case Roundup
December 01, 2022
A compilation of commercial real estate rulings in courts across the country.
Development
November 01, 2022
Article 78 Proceeding Not Ripe Even Though ZBA Had Not Made a Decision Within 62-Day Time Limit
Challenge to Landmark Designation Was Ripe and Stated Plausible Taking and Due Process Claims
Landowner Did Not Acquire Vested Rights Based on Invalidly Issued Building Permit
ZBA's Grant of Special Use Permit Upheld
Landlord & Tenant Law
November 01, 2022
Subtenant's Lease Obligations Not Terminated By Surrender of the Premises
Tenant Complied With Lease's Diligent Efforts Obligation
Court Upholds Holdover and Prejudgment Interest Provisions
Demolition Plans Suffice to Support Denial of Renewal Lease
Specific Performance Clause May Not Be Enforced In Sale-Leasebacks
November 01, 2022
Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.
Bankruptcy Court Opens Door for Tenants to Assume Leases After a Pre-Bankruptcy Eviction Warrant
November 01, 2022
A recent decision in a Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of New York highlights the significant impact that a 2019 amendment to the New York Real Property and Procedures Law will have on future disputes in bankruptcy cases where the tenant files for bankruptcy after the issuance of a warrant of eviction but before its execution.
The Guaranty Law Only Guarantees A Broken Contract
October 01, 2022
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the "Guaranty Law."
