Jun 7, 2021

Beware Amending a Lease Where There Is an Existing SNDA

Most commercial real estate leases are located on property encumbered by a deed of trust. The rental stream from these leases is a major factor in the lender’s valuation of the real property as its security and its underwriting of the loan. The rental stream is also the borrower’s source of funds to make its monthly loan payments to the lender.  Before making the loan, the lender will review the existing leases to determine if those leases are acceptable to it and support the loan. The lender will also decide if it wants any of the existing tenants to subordinate… Read more


May 5, 2021

Avoiding the Most Common Mistake Tenants Make When Renewing a Commercial Lease

Many tenants think renewing a commercial lease or exercising a pre-existing and pre-negotiated option to expand or extend is an easy process that can be handled without the involvement of a lawyer.  It’s not.  Oftentimes a landlord is more willing to give legal or financial benefits to a new tenant and not offer these same benefits to an existing tenant.  An existing tenant often feels that they have been a “good” tenant (i.e., paying on time, not making complaints, etc.) and that the landlord will take this into account and offer them the same incentives it would offer to a… Read more


Mar 31, 2021

Strategies You Need to Know for Negotiating Cell Site Leases

Wireless communication is one of the most important and fastest growing sectors of the national economy.  Not only are many households giving up their landline telephones entirely in favor of wireless services, but businesses are also incorporating wireless services into their day to day operations (such as the use of mobile devices to scan purchases and documents and to complete sale transactions).  Companies are launching new applications on a daily basis and use by individuals of cellular networks has expanded to include access to emails, websites, music, videos, games, and other applications.  Each wireless facility can only provide service to… Read more


Jan 14, 2021

Issues for Cooperatives in the Paycheck Protection Program

Authored by: Sean Altschul, Eric Balber, Michael Manzi, Stephen O’Connell, Todd Pickard, Robin Silberzweig, Lisa Smith, John Van Der Tuin, Eliot Zuckerman, Amanda Attenasio, Edward Heppt, and Dexterrie C. Ramirez When the Paycheck Protection Program (PPP) was enacted as part of the CARES Act in March 2020 there was considerable uncertainty as to whether residential cooperatives were eligible to participate.  Eventually, the Small Business Administration advised lenders that neither cooperatives nor condominiums were eligible. The Consolidated Appropriations Act of 2021, signed into law on December 27, 2020, appropriated additional funding for the PPP and specifically added “housing cooperatives” to eligible… Read more


Dec 21, 2020

Indemnity Rights of Condominium Board Members

An appellate court decision issued on November 19th raises concerns that condominium board members may be exposed to unexpected personal liability in connection with their board service.  In light of the decision, condominium boards should carefully examine the board member indemnification provisions of their bylaws. In Board of Managers of the 28 Cliff St. Condominium v. Maguire, the former board president was sued by the current board of managers for misuse of condominium funds.   The former president, defendant Maguire, disputed the claim of misuse and sought an order from the court requiring the condominium to indemnify her for the costs… Read more