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Navigating the Pitfalls of Exclusive Use Clauses

In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...more

New Senior Living Construction Is Up, But Proceed with Caution

Tim Regan of Senior Housing News recently authored an article entitled, “Why Senior Living Developers Should Be Careful as New Construction Ramps Up Again,” that warns of several factors that must be considered in today’s...more

Luxury Senior Living Targets Boomers

On November 27th in The New York Times, Steven Kurutz reviewed three luxury senior living locations in New York City, as representing a small but recent trend in senior living for Baby Boomers.  They were the Watermark at...more

Five Quick Bullets for a Tighter Lease

Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road....more

Pandemic Leads Families to Care for Loved Ones at Home

On May 6, 2021, in The New York Times, Reed Abelson wrote an article entitled, “Covid Forces Families to Rethink Nursing Care.” Of course, nursing homes are not assisted living facilities; nevertheless, the lessons to be...more

Covid’s Lasting Impacts on Commercial Lease Negotiations

The Covid pandemic will have a lasting impact on lease negotiations from this point. Ty West, senior editor of national content at American City Business Journals, published an interesting article on the topic on May 3, in...more

Aging at Home Becomes a Popular Option During Pandemic

Aging at home is the new trend. An article in The New York Times on April 4, 2021, talks about the movement of people away from institutional housing such as nursing homes and senior living facilities which has arisen as a...more

Could Accessory Dwelling Units Be the Next Big Trend for Assisted Living Facilities?

On Sunday, February 7, 2021, The New York Times published an article entitled, “Converting Backyards into Family Compounds” involving the latest trend in assisted living – accessory dwelling units....more

What Landlords Need to Know about Acceleration of Rental Provisions

Acceleration of rental provisions in commercial leases allow the landlord, upon the tenant’s default, to accelerate the balance of the rent due for the balance of the lease term making it due and payable immediately, much...more

Senior Living—A Place for Mom

 Senior Living – A Place for Mom, published a guide for people looking for assisted living facilities.  It occurred to me that it might make sense for an ALF to review what its prospective residents are reviewing when they...more

Rental Acceleration Provisions in Commercial Leases

If a tenant defaults upon payment of rent, the landlord does have a right to accelerate the balance of the rental due for the remaining lease term. This practice is not, however, favored by the courts; therefore, the...more

Retail Struggles Become Senior Housing Opportunities

On October 25, John F. Wasik penned an interesting article in The New York Times regarding the conversion of shopping mall properties into senior housing. With over 25,000 stores perhaps closing by the end of the year, and...more

Should Assisted Living Facilities Venture into In-Home Care?

Recently in the Kiplinger’s Personal Finance, Alina Tugend published an article pointing out that while early long-term care policies did not cover in-home care, more recent ones permit coverage for caretakers from licensed...more

CDC Guidelines for Assisted Living Facilities

The CDC has composed guidelines for ALFs to follow during the pandemic to best protect the lives of residents, who by age and preexisting conditions, are most susceptible to the Covid virus.  The CDC encourages ALFs to review...more

Lease Tune-ups

During this age of pandemic, lease modifications are going to be abundant. The silver lining to that necessity is that like renewals or assignments, they offer an opportunity to review the lease provisions and correct any...more

Increase in Number of Assisted Living Facilities Often Leads to Decrease in Direct Care

In a New York Times opinion article from Sunday, September 1st, written by Geeta Anand, she notes that the number of assisted living facilities have nearly tripled in the past 20 years and are creating a lucrative return to...more

Senior Housing and the LGBT Senior Community

The Real Deal reported a Thirty Million Dollar affordable housing project in Long Island aimed at the LGBT Senior community. It is open to all and is being funded by State and Federal Tax Credits, a state loan and some...more

Resident Default.

When a resident has failed to pay their monthly fee, what remedy does the ALF owner have under Florida law? It is not the same as a residential eviction under Chapter 83 of the Florida statutes. ...more

Assisted Living strains to keep up with safety

A recent article in the New York Times reports on the problem in assisted living dementia care facilities of residents physically attacking other residents. The estimate is that 8% of such residents are victims of these...more

Exclusives in Leases

Granting a tenant an exclusive use of their premises in a retail setting can be a powerful inducement to have the tenant agree to a lease. There is little doubt, however, that the use of exclusives often leads to eventual...more

Depletion of Staffing

The New York Times on Sunday had a troubling front-page article Sunday on nursing homes masking the depletion of their staffs. Nursing homes are not ALFs, so why should this bother us? ...more

Scrutiny of Assisted Living Facilities

On February 4th, the New York Times had an article which should give the ALF industry pause. It reported that at the request of four senators, the Government Accountability Office commissioned a two-year investigation of...more

Aging Population Continues to Drive Real Estate

Recently, Integra Realty Resources published a report that predicts overall growth in today’s senior population. The aging population will be a significant tailwind for real estate industry. According to the report,...more

Dining for Dollars

In the past the dining room in any assisted living facility was considered comparable to a dispensary—a necessary service facility for the residents. Over time, some ALFs dressed them up with dress codes, decorations at...more

Baby Boomers Continue to Push the Trends in Senior Living

Baby Boomers spent more money in life on leisure activities than previous generations, and will therefore demand the types of lifestyle they have experienced. Restful rooms with Wi-Fi connections, expresso bars and cafes...more

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