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New York Legislature Targets Real Estate Lenders To Lower Rents

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In an effort to protect small businesses from high rents, on June 13, both houses of New York's legislature passed a bill, S1163, that prohibits "rent minimums" in real estate secured loan documents. As of this writing, this...more

Tarter Krinsky & Drogin LLP

New York City’s “Guaranty Law” is Held to be Unconstitutional and Unenforceable

In a highly-anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York ruled on March 31, 2023, in Melendez v. City of New York, that New York City's Guaranty Law is...more

Bowditch & Dewey

Rent Abatement, PPP Loans (Maybe), and Other Bankruptcy Relief in the Appropriations Act

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On December 27, 2020, the Consolidated Appropriations Act, 2021 became law. In addition to funding the government and providing coronavirus relief, the Act contains several intriguing amendments to the Bankruptcy Code. The...more

Tarter Krinsky & Drogin LLP

Federal Court Upholds New York City’s Recently Enacted “Guaranty Law” And Related Legislation Concerning Non-Payment Of Rent...

In a highly anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, in Melendez v. City of New York, dismissed a challenge to the “Guaranty Law” and related...more

Partridge Snow & Hahn LLP

Massachusetts Governor Extends Moratorium on Evictions and Foreclosures

Previously set to expire August 18, 2020, Governor Baker has extended Chapter 65 of the Acts of 2020, An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency (the “Act”), by 60 days...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated July 2020 #3)

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Recent Updates - July 21, 2020: Update reflects the changes to the Declaration of Emergency and the rolling out of Stage 3 in Ontario. ...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated July 2020 #2)

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Recent Updates - July 13, 2020: Updates to OCERCA are reflected as well as updates to the extension of emergency orders in Ontario, and the extension of the State of Emergency in British Columbia. ...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated July 2020)

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Recent Updates - July 7, 2020: Updates reflect the changes in Ontario, Alberta and British Columbia, as some regular court operations begin to re-open. This update also includes the extension of British Columbia's State of...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated June 2020 #6)

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Recent Updates - June 29, 2020: Reflects the updates in the extension of the State of Emergency and Emergency Orders in Ontario, the inclusion and restrictions imposed on Windsor-Essex joining Stage 2 in Ontario, and...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated June 2020 #5)

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Recent Updates - June 24, 2020: Reflects the updates in mandatory closures in Ontario. In particular, the addition of the Stage 2 roll out in Toronto and Peel Region. ...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated June 2020 #4)

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Recent Updates - June 19, 2020: Updates to reflect the passage of Bill 192 that restricts commercial evictions in Ontario and extension of the emergency order in Ontario to June 30, 2020. ...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated June 2020 #3)

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Recent Updates - June 16, 2020: Updates to reflect the roll out of Stage 2 in Ontario and Alberta, proposed Commercial Eviction legislation in Ontario and Alberta, and the extension of the Emergency Order in British...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated June 2020 #2)

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Recent Updates - June 8, 2020: Updates to the extensions to the emergency orders and easing of restrictions, in particular short-term rentals. ...more

Bowditch & Dewey

Massachusetts Pauses Residential and Commercial Evictions and Residential Foreclosures During the COVID-19 State of Emergency

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As the Covid-19 global emergency continues, so does its economic impact.  The Massachusetts legislature and Governor Baker have enacted numerous initiatives aimed at, among other things, Massachusetts’ economic stability and...more

Seyfarth Shaw LLP

New Rent Reduction Laws Proposed in New York May Be Better for Landlords, But May Still Be Challenged

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As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more

Seyfarth Shaw LLP

“Quiet Enjoyment” May Not Work, But New York Law and Leases May Provide Other Avenues for Relief for Commercial Tenants

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As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more

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