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Boon for Affordable Housing 

A recent U.S. Supreme Court decision not to review a ruling from the California Supreme Court in Building Industry Association v. City of San Jose gives cities across the country a road map to use zoning to impose affordable housing requirements on new housing developments. 

This U.S. Supreme Court decision has opened the door for a new way of requiring more private developers to subsidize affordable housing.  It is only a matter of time until local governments use this inclusionary zoning tool as a way to help fund the high demand for lower cost housing.

Gross-Up Provisions 

Tenants benefit from having fixed variable costs. 6442451018 In the cyclical world of real estate investment, property owners and their lenders have long sought ways to minimize their financial exposure as vacancy rates rise and fall. If left unaddressed, vacancy volatility undermines the ability of a land

Tug of War 

The year is coming to a close. Now is the time to consider charitable donations for today and tomorrow.

Individuals may think about what charities have made a difference in their lives. Or ask themselves what legacy they want to create. Now Alfred Nobel is not remembered as a cannon manufacturer but for funding the prestigious Nobel Prizes.

China’s Fall? 

Do homefront woes signal the end to U.S. investment? China's slowing economy, devalued currency, roller-coaster-like stock market, government focus on domestic growth, rumored delays in further financial liberalization - surely all this spells the end of the Chinese investment boom in U.S. real estate? Isn't

Series LLCs 

Utilizing this structure partitions risk. A series limited liability company is an entity structure that allows for the formation of multiple segregated LLCs, known as “series,” under the umbrella of a single “master” or traditional LLC. In 1996, Delaware became the first state to enact a series LLC statute.

Limited Guaranties 

Landlords want to be assured of the economic strength of their tenants however, determining what is the right amount of security can be difficult. In a perfect world, the landlord takes a full guaranty from a creditworthy person, especially if

Use a Lifeline 

Mired in a difficult market, real estate agents, brokers, and property managers are encountering adversarial situations and hostile clients. When deals don’t work out as hoped, buyers and sellers look for someone to blame. Increasingly, they are finding fault with

Industrial Rising 
By 2030, millennials will comprise about 75 percent of the workforce. This generation is driving changes in all sectors, and the next to be affected is industrial. Industrial employees want amenities and creative spaces too, so industrial spaces will need to be modified to fit those needs.
Anchors Away 

 

Healthcare Headaches 

During fourth quarter 2011, real estate investment analysts predicted that demand for medical office buildings and healthcare facilities would continue to be strong over the next decade, due in part to high demand for healthcare services. While demand for healthcare

Taking Charge 

Owners can avoid pitfalls in tenant leasing. Landlords and property owners of commercial and industrial property often underestimate the importance of analyzing their property tax assessments for leased buildings. The rationale for skipping this review is simple. The property taxes are paid by tenants through

Retail Tenant Bankruptcies 

Despite a strengthening economy, the retail sector continues to face challenges. Since late 2014, several prominent retailers — including Brookstone, Coldwater Creek, Loehmann’s, Crumbs Bake Shop, Wet Seal, and most recently, Radio Shack — filed for Chapter 11 bankruptcy. While

Foreign Aid 

While the broader economy is still seeking firm footing, commercial real estate appears to be among the early engines of growth. Sustaining momentum in property markets comes with the ever present challenge to secure funding, as lending and capital markets

Going to the Source 

Real estate agents and brokers often make disclosures without attributing information sources. In so doing, they become the source of the information. When the information is accurate, there is no problem. When the information is inaccurate, however, the agent or

New Legislation Encourages Developers to Clean Up Brownfields 

Enacted in 1980, the Comprehensive Environmental Response, Compensation, and Liability Act imposed liability for the release of hazardous substances on four categories of potentially responsible parties, or PRP the owner or operator of the facility at which the release occurred

Ruling Raises Issues About Who Pays CERCLA Cleanup Costs 

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make those who created environmentally impacted properties responsible for cleaning them up. In particular, CERCLA allows current property owners to recover full or partial cleanup costs from

Reexamine Leases in Light of Heightened Security Concerns 

The criteria for leasing suitable office space used to be straightforward and well understood location, location, location. However, concerns raised by last year's terrorist attacks may affect numerous aspects of the leasing process. Allocations of risk and responsibility between landlords

Risk vs. Reward 

Today’s economic climate has forced both public and private sectors to think outside the proverbial box to come up with innovative financing strategies. One strategy that has recently gained popularity is the sale leaseback. The mechanics of a sale leaseback

Recapture Clauses Help Landlords Retain Control of Properties 

Assignment and recapture clauses often are debated during negotiation of commercial real estate leases, and the relationship between the two is intertwined. In deciding whether to consent to assignments of tenants' leasehold interests, landlords frequently are required by law or

Supreme Court Favors Property Owner Rights in Development Challenge 

In June, the U.S. Supreme Court issued a significant decision concerning inverse condemnation, or regulatory takings, in the case of Palazzolo v. Rhode Island. The ruling states that acquisition of property with notice of a prior regulation restricting its use

Taking Issue with Taking by Regulation 

The story is familiar to property owners and legal practitioners In 1990, John and Florence Dolan attempted to obtain approval from the city of Tigard, Oregon, to replace their existing plumbing and electrical supply store in downtown Tigard with a

Understanding Equal-Access Requirements 

When considering requirements relating to accessibility for the disabled, commercial property owners, managers, and developers must keep in mind two separate federal bodies of law the Americans with Disabilities Act and the Fair Housing Act. Although both federal acts address

Hidden Hazards 

Rising gas prices and a highly competitive market have closed more than 3,000 of the nation&rsquo s 164,292 gas stations in the last year, the biggest drop in five years, according to National Petroleum News. In June, ExxonMobil announced it

A Good Clause 

With almost daily reports of either blizzards in the Midwest, tornadoes in the mid Atlantic states, fires in California, or hurricanes in Florida, it's no surprise that the once benign and sometimes ignored clauses addressing "acts of God" are now

Designation Rights 

When retail tenants are unable to honor rent payments due to bankruptcy, selling the property's designation rights may provide an alternative option for realizing the leases' value. A designation rights sale involves debtors transferring their right to decide which leases