The real estate industry – and much of our economy – is at a point where we must shift. With the pace of inflation and interest rate increases, some of those shifts will be large. And those large shifts may challenge the...more
1/3/2023
/ Commercial Real Estate Market ,
Coronavirus/COVID-19 ,
Investors ,
IRS ,
Limited Liability Company (LLC) ,
Mortgage Lenders ,
Multi-Family Development ,
Pass-Through Entities ,
Real Estate Investments ,
Real Estate Transactions ,
Recessions ,
Residential Real Estate Market ,
Strategic Planning ,
Tax Planning ,
Underwriting
Types of COVID-19 Testing -
The Center for Disease Control and Prevention (CDC) describes two primary categories of COVID-19 tests – viral or antigen tests and antibody (serology) tests. It’s important to understand the...more
Under the Securities Act of 1933 (1933 Act), all securities offerings must be registered with the SEC unless there is an exemption. Registering securities is a costly and time-consuming process requiring SEC review and...more
1/17/2022
/ Accredited Investors ,
Capital Raising ,
Commercial Real Estate Market ,
Coronavirus/COVID-19 ,
Crowdfunding ,
Private Placements ,
Public Offerings ,
Real Estate Investments ,
Regulation A ,
Regulation CF ,
Regulation D ,
Rule 506 Offerings ,
Rule 506(c) ,
Section 504 ,
Securities ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Sponsors
Just over a month ago, in “Vexations and Uncertainty in Workplace COVID-19 Vaccine Mandates, I discussed the ETS, which was effective on November 5, 2021. I also discussed the United States Court of Appeals for the Fifth...more
12/20/2021
/ Appeals ,
Appellate Courts ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Judicial Review ,
Masks ,
Multidistrict Litigation ,
Order to Lift Stay ,
OSHA ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Regardless of one’s politics or position on COVID-19 vaccine mandates, “Vexatious” is a word that also can be used to describe the situation with OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more
11/22/2021
/ Administrative Authority ,
Appeals ,
Appellate Courts ,
Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Infectious Diseases ,
Interstate Commerce ,
Masks ,
OSHA ,
Police Power ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
With the recent imposition of COVID-19 vaccine mandates (Mandates), some employees claim that the vaccine conflicts with their religion. So employers are being forced to ask themselves a similar question – whether their...more
11/1/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Guidance Update ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations
Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more
9/20/2021
/ Cedar Point Nursery v Hassid ,
Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Damages ,
Eviction ,
Fifth Amendment ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Assistance Programs ,
Rental Property ,
SCOTUS ,
Takings Clause ,
Tenants
Early in the pandemic, there was a patchwork of federal, state, and local eviction moratoriums, so not all rental housing was covered by a moratorium. On September 4, 2020, the CDC issued an order declaring a national...more
8/30/2021
/ Alabama Association of Realtors v Department of Health and Human Services ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
HUD ,
Jurisdiction ,
Landlords ,
Moratorium ,
Public Health Service Act ,
Regulatory Authority ,
Relief Measures ,
Rent ,
Rental Property ,
Residential Leases ,
SCOTUS ,
Tenants
This article discusses whether employers can require COVID-19 vaccinations or tests or require that employees wear masks. I’m not a scientist or physician, so this article doesn’t discuss whether vaccinations or masks prevent...more
8/24/2021
/ Coronavirus/COVID-19 ,
Disability ,
Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Free Speech ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Unemployment Benefits ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The CDC Eviction Moratorium On August 3, 2021, the CDC issued an order (Order) extending the Moratorium through October 31, 2021. Even though the Moratorium doesn't state a goal of reducing economic hardship, the Order...more
8/23/2021
/ Centers for Disease Control and Prevention (CDC) ,
Certification Requirements ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Eviction ,
FDCPA ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Assistance Programs ,
Rental Property ,
Residential Leases ,
Tenants
Why Is There an Eviction Moratorium? -
In the early days of the pandemic, there was no uniform national eviction moratorium. Some local and state governments imposed eviction moratoria, but others did not. Through...more
How Investors Value Real Estate Return on investment (ROI) drives real estate prices. Much of the time, investors calculate value by applying their desired return to net operating income (NOI). For example, if an investor...more
3/8/2021
/ Commercial Real Estate Market ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Interest Rates ,
Investors ,
Real Estate Investments ,
Real Estate Market ,
Recessions ,
Rental Property ,
ROI ,
Supply and Demand
Tenants under commercial leases can be viewed like student musicians, with their landlords being like the orchestra or band. Tenants, like student musicians, have wants and needs. But like orchestras and bands, landlords have...more
2/22/2021
/ Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Landlords ,
Mortgage Lenders ,
Special Purpose Entities
The COVID-19 pandemic abruptly changed what people need from real estate, whether it be a concert venue, a strip center, or a shopping mall. Savvy retail real estate owners who, like the Music Hall patrons, adapt to tenants’...more
12/16/2020
/ Commercial Leases ,
Commercial Property Owners ,
Commercial Real Estate Market ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Hospitality Industry ,
Mixed-Use Zoning ,
Rental Property ,
Restaurant Industry ,
Retailers ,
Shopping Centers ,
Shopping Malls
During the pandemic, some real estate owners are struggling. Retail assets (other than essentials such as grocery, pharmacy, and gas stations) may experience reduced rental income as tenants go out of business. Demand for...more
What is a Survival Clause?
Usually, when a contract ends, the parties’ obligations to each other end too. But sometimes parties to a contract want to end a contractual relationship but have some of their...more
The Anatomy of a Scam -
At its core, every scam is attempted theft. As thieves, scammers are more like a stealthy cat burglar than an armed robber. Like a cat burglar, a scammer tries to quietly sneak in and steal what...more
The year 2020 has included so many unforeseeable circumstances that it might well be considered the year of “herding cats.” In addition to scrambling to address pandemic-related issues as they arise, 2020 has ushered in a new...more
How Multifamily Living Has Evolved -
Early New York apartment buildings, known as tenements, were cramped quarters built starting in the mid-19th century. Occupied mostly by poor immigrant families, those tenements lacked...more
How the Pandemic Has Impacted the Job Market -
The coronavirus pandemic has tightened the job market. Many employers have had mass layoffs. Retail giants like JC Penney, Lord & Taylor, and Nieman Marcus, along with...more
In 2004, the Internal Revenue Service (IRS) created a list of “seven deadly sins” for Delaware Statutory Trusts (DSTs) in Revenue Ruling 2004-86 (Rev. Rul. 2004-86). The revenue ruling describes how a DST holding only real...more
San Miguel Festival President, Helenmarie Corcoran, refused to view COVID-19 as a catastrophe. Instead, she saw it as an “opportunity for the entire organization to undertake new thoughts and implement additional measures the...more
Like Haslop, some people who contract COVID-19 may be left with permanent disabilities even though they survive the illness. Others who have COVID-19 may have few or no symptoms. But everyone who contracts COVID-19 must deal...more
Two years ago, in Severability Clauses: To Sever, Modify, or Invalidate?, I discussed how to review and negotiate severability clauses. My focus then was on customizing what many view as a boilerplate contract provision to...more
Landlords face similar challenges to performing arts organizations. Tenants either can’t or under government laws or orders, aren’t required to perform under their leases. The landlords don’t want to give up the revenue...more