• 12.01.17

    The Overlooked Importance of Fresh Environmental Diligence

    The federal Comprehensive Environmental Response Compensation & Liability Act and its state analogues generally take a very expansive view of liability for environmental contamination and include owners and operators (e.g., lessees) as potentially liable parties without regard to whether such ...

  • 09.26.17

    Who Is Responsible for Hazardous Material Cleanup?

    The U.S. Environmental Protection Agency has determined that 13 Superfund sites were flooded and possibly damaged as a result of Hurricane Harvey. Refineries and chemical plants were reported to have been impacted by flooding, and it is not yet known how many smaller facilities that managed ...

  • 07.19.17

    Breaking Into the D.C. LIHTC Affordable Housing Market

    As demand for affordable housing in Washington, D.C. continues to rise, investors may show increased interest in breaking into the city’s Low Income Housing Tax Credit market. However, investors must comply with D.C.’s Tenant Opportunity to Purchase Act in order to do so, which can ...

  • 06.02.17

    Does “Lease Language” Create a Lease?

    With less traditional arrangements, such as co-working office spaces becoming increasingly prevalent, the line between leases and contractual arrangements that do not create a possessory interest in real property, such as licenses, can sometimes be difficult to determine. Parties may even attempt ...

  • 03.16.17

    Transfer Tax on Ground Lease Assignments

    Documentary transfer taxes collected on the transfer of real property interests are a major source of revenue for counties and municipalities in California. As local governments endeavor to refill their coffers, depleted in the wake of the recession, many have taken a closer look at the tax ...

  • 01.20.17

    CA Supreme Court at Transfer Tax Crossroads

    The American Revolutionary war motto of “no taxation without representation” was first popularized, not by the drama of the Boston Tea Party, but after the British passed the humdrum Stamp Act of 1765.Today, real estate sales in California are subject to a documentary transfer tax (DTT) ...

  • 11.23.16

    CA Modifies Commercial Lease Disclosures Concerning Disability Access Laws

    California's legislature previously passed an update to Civil Code Section 1938 which, effective as of July 1, 2013, required all commercial property leases to disclose whether or not a commercial premises has undergone an inspection by a Certified Access Specialist (CASp), and if so, whether ...

  • 09.20.16

    Crowdfunding Real Estate Commands Cautious Excitement

    The ubiquity of crowdfunding websites like GoFundMe and Kickstarter, coupled with Title III of the Jumpstart Our Business Startups Act going into effect earlier this year and opening up public, online crowd capitalism, made it almost inevitable that crowdfunding platforms geared towards real estate ...

  • 07.21.16

    Co-Housing the Next Boom for Boomers

    Seniors are benefiting from and providing ride-sharing services through Uber, temporary lodgings through AirBnB, and many other pooled services ranging from food delivery to pet care. Real estate developers looking to bring the sharing economy home should turn their attention to this growing ...

  • 05.19.16

    Why You Should Continue to Pay Attention to PACE

    As commercial property owners and tenants continue to seek sustainable building designs that incorporate energy efficiency or green building features, Property Accessed Clean Energy (PACE) financing will continue to receive more attention, and rightfully so.With the increasing population, growing ...