Legal & Regulatory

Features  

A Carve Out for Vacant Properties in OZs Allows Them to Avoid Certain Requirements

Les Shaver |

A carve-out for vacant properties lets investors avoid the “substantially improve” requirement, to save millions in development fees.

Features  

Defending Against the Strict Liability of New York’s 'Scaffold Law'

George M. Heymann |

This article highlights two recent appellate cases where the injured plaintiffs were denied summary judgment for liability against the defendants as a direct result of their own conduct.

News  

Upper East Side Gallery Argues Force Majeure To Get Its Deposit Back

Erika Morphy |

Venus Over Manhattan is basing its arguments on “frustration of purpose” and “impossibility of performance” to free itself of the lease and get its deposit back.

Features  

Grab a Drink While Social Distancing? Attorney Talks Marriage of Irreconcilable Concepts

Lidia Dinkova |

A Coral Gables hospitality attorney who is helping retailers stay afloat during the coronavirus economic crisis says the next step is to reconcile the opposing concepts of social distancing and profits.

Why Efforts to Cancel Rent Payments Won’t Hold Up

Kelsi Maree Borland |

Rent cancellation bills are circulating at both the federal and state levels, but an Allen Matkins attorney says they don’t pass legal muster.

Features  

Simon Property Hit With $100M Class Action Suit Over Electricity Charges

Michael A. Mora |

The complaint alleges illegal markups that exceeded 100% of the tenant’s actual electricity usage.

Features  

Will it Help? Miami-Dade Renters Get Extra Layer of Protection From Eviction Amid Pandemic

Lidia Dinkova |

The new order comes amid reports of renters getting eviction notices despite federal, state and local moratoriums during the pandemic.

Features  

Buying an Apartment Building? Here’s How to Protect Yourself from Delinquent Rent.

Erika Morphy |

Depending on how an agreement is structured, both the buyer and seller are at risk for material hardship, says DLA Piper’s Mark Yura.

Features  

How Florida Landlords Can Address Eviction Moratoriums for Commercial Tenants During the Pandemic

Avi S. Tryson |

Landlords must navigate local, state and federal restrictions on traditional enforcement mechanism available to address nonpayment of rent under their lease and Florida law.

Features  

Jupiter's Harbourside Place Loses Federal Appeal Over Town Music Rules

Lidia Dinkova |

Harbourside Place argued it was subject to prior restraint and First Amendment violations. The appeals court explored constitutional issues at length but based its decision solely on whether the district court abused its discretion.