Among the Bankruptcy Code’s most powerful one-two punches, Section 365(a) allows a debtor to reject burdensome unexpired leases and Section 502(b)(6) caps the landlord’s resulting claim for rejection damages at “the rent...more
New York bankruptcy court breaks with precedent and endorses time approach for calculating lease termination damages over rent amount approach, resulting in smaller claims for landlords. Time approach limits, and often...more
Tuesday, despite the Court’s order to remove the Rent Control Language from the ballot, the residents voted to approve Orange County’s rent control ordinance. The ordinance was placed on the ballot before the Fifth District...more
Wie kann ein (Hotel-)Betreiber sein betriebliches Risiko reduzieren? Diese Frage ist in der Corona-Krise aktueller denn je und führt dazu, dass sogenannte Cap-Klauseln wieder mehr und mehr Beachtung in Miet- und...more
The Federal Constitutional Court (decision of the Second Senate of 25 March 2021, Ref. 2 BvF 1/20, 2 BvL 4/20, 2 BvL 5/20) has ruled that the so-called “Berlin rent cap” is unconstitutional due to lack of legislative...more
On March 25, 2021, the Second Senate of the Federal Constitutional Court declared the Law on Rent Restrictions in the Housing Sector in Berlin (MietenWoG Bln) to be incompatible with the German Constitution and therefore null...more
The term "Rent Controls" refers to measures designed to restrict the amount of rent that a landlord can charge a tenant for residential premises. Rent control measures appear in various forms across Europe, ranging from...more
On Tuesday, September 1, the Trump administration announced an order, put forward by the Centers for Disease Control and Prevention, that claims to suspend residential evictions through the end of the year for many tenants...more
The Texas Supreme Court has extended the moratorium on residential eviction procedures for CARES Act applicable residences until September 30, 2020, offering a few more weeks of relief to certain renters as the economic...more
The Situation: Over the past decade, Berlin has experienced a significant rent increase for residential space though rents still remain significantly lower than rents in other European capitals. On January 30, 2020, the...more
Gov. Gavin Newsom recently signed the Tenant Protection Act of 2019, legislation that caps annual rent increases in California for the next decade....more
The California Legislature has passed AB1482 providing for comprehensive statewide residential rent control and eviction protections and sent it to the Governor for signature, which is expected. Commencing January 1, 2020,...more
Focus - California lawmakers pass sweeping rent cap bill - The Mercury News – September 11 - In a significant victory for California renters struggling to find affordable housing, state lawmakers this Wednesday sent...more
Implementation of the rent cap could have a significant negative impact on returns for investors in Berlin residential investments—will it be challenged? Over the past decade, Berlin has experienced a significant rent...more
The Berlin government’s envisaged five-year rent cap on residential properties has caused significant uncertainty among investors in housing portfolios. On 18 June 2019, the Berlin Senate published a position paper...more