News & Analysis as of

Right of First Refusal Landlords

Ballard Spahr LLP

National Rent Control, Prince George’s County Enacts New Rent Control, Montgomery County Poised to Adopt Regulations for Rent...

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Rent control continues to be headline news, with local legislation being enacted and national legislation being proposed. The rent control law in Prince George’s County was enacted yesterday and it appears that the rent...more

Ballard Spahr LLP

Maryland Rent Control, DC Lease Assignment Tax, and Increased Indemnity Deed of Trust Threshold

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Rent control laws continue to evolve in Montgomery and Prince George’s Counties. The rent control law enacted last year in Montgomery County will become effective once regulations are adopted. Our recent Alert discussed these...more

Ballard Spahr LLP

D.C., Maryland Multifamily Housing Update: Prince George’s County Rent Control, Montgomery County Tenant Protections, Montgomery...

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There have been a number of new regulatory developments since our prior Alert, including updates on Prince George’s County rent control, Montgomery County tenant protections, Montgomery County Right of First Refusal (ROFR)...more

Ballard Spahr LLP

Prince George's County Rent Control Extension/BEPS/Montgomery County Rent Control Updates

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Our recent Alert focused on the D.C. Housing in Downtown program, the Montgomery County Right of First Refusal legislation, rent control in Montgomery and Prince George’s Counties, the SCOTUS rent control challenge denial,...more

Ballard Spahr LLP

ROFR Law, HID Tax Abatement, Rent Control Laws and Regulations, and SCOTUS Update

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Our recent Alert included details and updates on new Montgomery County rent control regulations, an expanded right of first refusal (ROFR) process, and our related advocacy efforts....more

Ballard Spahr LLP

Rent Control, ROFR, TOPA, and Other Multifamily Regulatory Updates

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Regulation of the multifamily industry appears to be continuing. Our most recent Alert discussed Maryland Governor Moore’s proposals for the Renters Rights and Housing Stabilization Act of 2024; rent control updates; our Rent...more

Ballard Spahr LLP

DC/Maryland Multifamily Real Estate Updates

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Happy Holidays to all. We are still hopeful that Santa brings everyone some relief from rent control and other multifamily restrictions (we heard that the new BEPS Regulations preclude Santa from leaving coal for legislators...more

Ballard Spahr LLP

Multifamily Update: Rent Control Coalition Analysis, ROFR Proposals, and Algorithmic Pricing

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Our most recent Alert included details and updates on rent control, proposed FTC regulation of rental housing junk fees, security camera mandates, and new ROFR proposals. Here is a link to the November 15 Alert. Below are...more

Ballard Spahr LLP

Rent Control, Junk Fee, and ROFR Update

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Our most recent Client Alert provided updates on our Rent Control Coalition, the new Howard County and Montgomery County ROFR and Rent Control legislation, new FTC Junk Fee proposals, and several other important matters...more

Ballard Spahr LLP

November Multifamily Alert

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As a follow-up to our recent alert, here are some updates on regional and national legislative activity impacting real estate...more

Ballard Spahr LLP

October Rent Control and ROFR Updates

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As a follow-up to our prior alert, here are some updates on legislative activities in the region...more

Cadwalader, Wickersham & Taft LLP

ABCD ... ROFR and SLL June 2022 - The Strengths of Rights of First Refusal

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...more

ArentFox Schiff

DC Lawmakers Choose Shorter TOPA Tolling Period

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On January 18, 2022, an amendment to Bill 24-612 (legislation that would extend the eviction moratorium in DC until June 30, 2022) (the "Amendment") was introduced to the DC Council that proposed tolling tenant deadlines...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Does Your Lease Agreement Contain a Right of Refusal or Option to Purchase? If So, You Should Read This.

In Cogdill v. Sylva Supply Company, Inc., filed May 7, 2019, the North Carolina Court of Appeals held in a split decision and as a matter of first impression that a right of first refusal contained in a written lease...more

Obermayer Rebmann Maxwell & Hippel LLP

Some Good News for Philadelphia Landlords with the “Good Cause” Provision

Developments in the approved “Good Cause” ordinance curtailing restrictions found in the proposed bill limiting landlords’ abilities to evict tenants and increase rents. In an exercise of its authority to propose bills...more

Patton Sullivan Brodehl LLP

Can a Holdover Commercial Tenant Hold On to a Right of First Refusal?

In California, a holdover tenant (a tenant who remains in possession after the expiration of the written lease) has fewer rights than a tenant operating under a lease....more

Bilzin Sumberg

Preemptive Rights and Wrongs: First-Refusal and First-Offer Rights

Bilzin Sumberg on

Sitting in your office, basking in the sense of accomplishment, perhaps hugging a beer or a glass of pinot noir, you have finished the All Brands USA lease for 50,000 square feet at Mallchester Mall after six months of...more

Ward and Smith, P.A.

Issues to Consider in Rights of First Refusal

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People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be...more

Womble Bond Dickinson

Rule Against Perpetuities and Leases in North Carolina

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Remember the Rule Against Perpetuities? Think back to your days in law school, sitting in your 1L Property class. Remember the rule against perpetuities? Remember thinking that it would never really come into play in...more

Womble Bond Dickinson

N.C. Court of Appeals Applies Common Law Rule Against Perpetuities to Invalidate Lessee's Preemptive Right

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Ask almost any lawyer or law student to name the most esoteric concept addressed in law school, and you're more likely than not to hear "The Rule Against Perpetuities". The Rule Against Perpetuities, or the RAP, exists at...more

Ballard Spahr LLP

Right of First Refusal for Sale of Multifamily Housing Projects

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Prince George's County has enacted legislation that grants a right of first refusal to the Department of Housing and Community Development (DHCD) prior to the sale of a multifamily rental facility. The bill was signed by the...more

Ballard Spahr LLP

Planning for Tenant's Changing Needs: Options To Renew, Expand, Cancel, or Reduce

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As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the...more

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