• 10.30.17

    CA Tries Some New Affordable Housing Approaches

    Many U.S. cities suffer from a serious lack of affordable housing, forcing lower-income workers into substandard housing and requiring them to drive long distances to get to work, exacerbating already serious traffic and air-quality problems. The Associated Press reports that California alone ...

  • 08.23.17

    States, Businesses Take the Lead in Clean Energy Initiatives

    As the federal government retreats from pollution- and carbon-reducing policies, states and even businesses continue to move forward with environmental initiatives, with some significant opportunities for real estate investors and developers.Cap-and-trade programs, for example, offer businesses ...

  • 06.23.17

    Is Your Private Property Really Public?

    Developers typically provide POPOS because cities require them or in exchange for density bonuses or relaxation of municipal height and setback restrictions. Although the square footage of an individual POPOS may be small, their aggregate footprint can be quite large – at least 530 of these ...

  • 04.20.17

    Do Landlords Have the Right to Remove Residential Property From the Rental Market?

    Multifamily housing is often treated as if it were a quasi-public resource, for example by rent control laws. The degree to which apartments should or shouldn’t be so treated was recently addressed by a California court in Coyne v. City and County of San Francisco, which considered the limits ...

  • 03.03.17

    Can a Tenant Really Protect Against Inefficient Operating Costs?

    In today’s competitive real estate market, where the cost of utilities and infrastructure use are always rising, shopping centers (whether mall or strip), industrial and office building leases frequently require that the tenant pay all or some portion of the landlord’s operating ...

  • 11.15.16

    Do Guarantees Really Work?

    Guarantee agreements are an important component of many real estate transactions, ranging from loans to partnership agreements to post-closing obligations under purchase agreements. But do they really work?Both the common law (law derived from court cases) and legislation provide many outs for ...

  • 06.28.16

    Brexit Will Cause Deal Flow Reduction

    Britain’s historic vote to exit the European Union is sending shock waves throughout the global economy, and will have economic and political repercussions for years. What are the likely impacts on U.S. real estate?The first thing that is clear is that no one really knows what the effects of ...

  • 05.02.16

    New Lease Accounting Rules Suggest a New Look at Leasing

    One long-term trend in US real estate is the divestiture of real estate owned by non-real estate companies. While there are many advantages to owning—and therefore controlling—your own real estate, non-real estate businesses, particularly publicly held companies, must take into account ...

  • 03.01.16

    Crowdfunding: Disclosing Both the Pros and the Cons?

    Large real estate equity and debt transactions are traditionally funded by large institutions such as REITs and life insurance companies investing in companies or joint ventures with only one or two investors. At the other end of the scale, historically a local real estate developer or investor ...

  • 12.24.15

    A Closer Look at 'Accidental Contracts'

    It's not all that unusual to see such a term sheet calling for, say, a 20-day due diligence period. This is apparently supposed to be impressive to the seller, showing that the buyer is a can-do player. Unfortunately, unless the title work and survey have already been completed, it is very ...