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Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Law Brief®: Debra Bodian Bernstein and Richard Schoenstein Discuss Commercial Lease Defaults During COVID-19
COVID-19 Commercial Leasing Trends (Part One)
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Williams Mullen's COVID-19 Comeback Plan: Landlord and Tenant Negotiations for Existing Commercial Leases Amid the COVID-19 Pandemic
Taking it Seriously: Unusual Lease Violations in Virginia
Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more
On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery...more
On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses. Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more
As the first federal court of appeals to address a challenge to the constitutionality of a COVID-19-related eviction moratorium under the Contracts Clause of the United States Constitution, the Ninth Circuit Court of Appeals...more
In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul called for a “Special” legislative session on September 1, 2021, to extend the moratorium on foreclosure and eviction actions provided...more
On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...more
On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention’s latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential...more
The Center for Disease Control’s (CDC) Eviction Moratorium confirms President Reagan’s quip that a government program is the “nearest thing to eternal life we’ll ever see on this earth.” As explained in my prior post, the CDC...more
Several weeks back, we reported on an apparent uptick in commercial lease disputes over the last 18 months in this new COVID era. It only follows that there would be a corresponding uptick in Yellowstone applications from...more
On August 3, 2021, the Centers for Disease Control and Prevention issued a new order banning residential evictions in counties where COVID-19 cases are quickly rising. The CDC’s prior order instituting an eviction moratorium...more
On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). Originally...more
In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire. With this deadline fast approaching, the Biden administration announced a new mortgage relief plan...more
The COVID-19 pandemic continues to affect the commercial real estate market, and the San Francisco Board of Supervisors is pursuing relief for certain categories of commercial tenants, including adoption of an ordinance...more
The moratorium on landlords evicting commercial tenants has been extended by a longer period than many had expected, to March 2022. Landlords and tenants will also be compelled to enter into arbitration proceedings if they...more
It’s not news that the COVID-19 pandemic has exacerbated losses in sectors that are reliant on footfall − namely, the retail and leisure industry. Prior to the pandemic, the general weakness in the “bricks and mortar” retail...more
On September 4, 2020, the CDC issued a broad order temporarily halting evictions nationwide, citing the COVID-19 pandemic as its basis. 85 Fed. Reg. 55,292 (Sept. 4, 2020). The CDC determined that such a moratorium was...more
The government has introduced the Debt Respite Scheme (Breathing Space), which came into effect on 4 May 2021, which allows individuals who are struggling with debt to apply for a “breathing space” in which to sort out their...more
On Wednesday, May 5, 2021, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia ruled that the residential eviction moratorium was unlawful as it was beyond the authority of the United States Centers...more
On May 3, 2021, Consumer Financial Protection Bureau's (CFPB) Acting Director Dave Uejio and the Federal Trade Commission's (FTC) Acting Chairwoman Rebecca Slaughter sent notification letters to the country's largest...more
A federal judge for the District of Columbia issued a decision on May 5 striking down the Centers for Disease Control and Prevention's (CDC) nationwide eviction moratorium....more
A federal court in Washington, D.C. has become the latest in a growing group of courts to hold that a CDC rule prohibiting residential evictions is invalid and unenforceable in its May 5, 2021, order in Alabama Association of...more
On May 5, 2021, New York Governor Andrew Cuomo signed a bill that extends the moratorium on evictions and foreclosures for residential tenants and small businesses to August 31, 2021. The previous moratorium expired May 1,...more
As more Americans get vaccinated and the infection rates continue to decline, there is increasing debate on whether the crisis has passed such that businesses can begin operating normally. One of the flashpoints is evictions...more
It has been a busy couple of weeks in the UK with judgments in two important cases concerning COVID-19 rent arrears: Commerz Real Investmentgesellschaft mbh v TFS Stores Limited (TFS) ...more