The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as possible, Congress created a...more
Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757...more
3/30/2021
/ Arrearages ,
Business Closures ,
Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Frustration of a Common Purpose ,
Guarantors ,
Impossibility ,
Landlords ,
Rent
In Terkel v. Centers for Disease Control and Prevention, No. 6:20-cv-00564 (E.D. Tex. Feb. 25, 2021) and Skyworks, Ltd. v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio Mar. 10, 2021), groups of...more
3/16/2021
/ Administrative Procedure Act ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eviction ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
Statutory Authority ,
Summary Judgment ,
Tenants ,
Trade Associations
The COVID-19 pandemic has strained commercial landlord-tenant relationships across the United States. As the courts wade their way through the backlog of lawsuits filed in 2020, there are a growing number of decisions...more
2/26/2021
/ Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Economic Downturn ,
Financial Distress ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Governor Baker ,
Landlords ,
Rent ,
Restaurant Industry
"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more
As the first wave of COVID-19 exposure lawsuits begins to spread across the country, already-struggling businesses are looking to state and federal governments for immunity from liability. However, state laws regarding...more
On April 23, the U.S. Supreme Court finally answered the question that has plagued environmental attorneys for years with its decision in County of Maui v. Hawaii Wildlife Fund (Slip Op 18-260, April 23, 2020): whether point...more
4/28/2020
/ Appeals ,
Citizen Suits ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated