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Articles from Related Newsletters
HUD Proposes Changes to Home Mortgage ProcessNew York Real Estate Law ReporterOn March 14, 2008, the U.S. Department of Housing and Urban Development (HUD) published its 'Proposed Rule to Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs.' If this Rule takes effect, it would drastically change the way residential mortgage transactions are conducted.
Leasing of Solar Energy EquipmentLJN's Equipment Leasing NewsletterFor traditional institutional equity investors in leveraged and single-investor equipment lease transactions, solar equipment may offer an attractive investment opportunity. Leasing solar equipment may also provide an attractive investment structure for traditional investors in power projects looking to expand investments in renewable energy projects.
Unfavorable Forum Selection ClausesThe Insurance Coverage Law BulletinMore and more frequently, insurers are including “choice of forum” provisions in their policies in which these insurers identify a particular state or country where coverage litigation “must” be pursued.
Protecting Intellectual Property in a 'Flat' WorldLJN's Franchising Business & Law AlertJust as airplanes made the world feel smaller geographically, globalization and the Internet have made it feel smaller economically. The Internet has so fundamentally changed the way people do business that it is difficult to remember the days, not too long ago, when similar trademarks could co-exist on similar products and services (if not always happily) in different regions of the country.
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Headlines
Prevent Your Tenant Mix from Turning Your Property into a ‘REC’An increasing number of properties have been and continue to be classified as having some kind of recognized environmental condition. The REC classification arises from the EPA crackdown over the past few decades to ensure that property owners and the parties who are responsible for causing the contamination actually share in the cost and burden of the remediation process.
In the Spotlight: The Right of a Landlord to Share in Consideration Received in Connection with Transferring Leased PropertyThis article examines three common provisions used by landlords to obtain all or a portion of the excess rents or other consideration received by a tenant pursuant to a sublease or assignment. Additionally, it addresses issues associated with the enforcement of these provisions and the landlord’s ability to receive excess rent where the lease is silent on the issue.
Havana Central: Tort Liability and Holdover TenantsA recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar.
Taming the Tenant’s Form of Lease: Common Landlord ‘Fixes’Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant’s form of lease, i.e., remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."
October issue in PDF format
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