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Constitutional Challenges › Commercial Property Owners

Buchalter

California’s Proposed Vacancy Tax Bill Watered Down to Reporting Requirement

Buchalter on

A bill recently introduced in the California State Senate would have imposed a tax on commercial buildings that have prolonged vacancies, but has been rewritten after facing strong opposition. Authored by California State...more

Buchalter

Vacancy Tax on Commercial Property Proposed in California

Buchalter on

A recent bill introduced in the California State Senate would impose a tax on commercial buildings that have prolonged vacancies. Authored by California State Senator Caroline Menjivar, SB 789 is intended to discourage...more

Holland & Knight LLP

NYC's Guaranty Law Violated the Contracts Clause of the U.S. Constitution

Holland & Knight LLP on

Last summer, we wrote about New York City Administrative Code Section 22-1005, known as the Guaranty Law. This was a pandemic-era prohibition on enforcement of personal guaranties supporting commercial leases for defaults...more

Holland & Knight LLP

Florida Law Limits Persons from Foreign Countries of Concern from Acquiring Real Property

Holland & Knight LLP on

Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or...more

Cole Schotz

Personal Guarantors Back on the Hook as New York City’s “Guaranty Law” is Ruled Unconstitutional

Cole Schotz on

The saga continues now that a federal district court judge has ruled that N.Y.C. Local L. No. 55 of 2020 (also known as the Guaranty Law) is unconstitutional. The Guaranty Law, which sought to provide immediate monetary...more

Lowndes

Hillsborough County Commercial Lease Sales Tax Rate Reduced by Recent Florida Supreme Court Decision

Lowndes on

A recent Florida Supreme Court decision found that the Hillsborough County 1% transportation sales surtax is unconstitutional. As a result, the decision reduced the sales tax rate on commercial lease payments in Hillsborough...more

Seyfarth Shaw LLP

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

Seyfarth Shaw LLP on

The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

Mintz - Real Estate, Construction &...

New NYC Legislation Prohibits Enforcement of Personal Liability Provisions in Commercial Leases

Mintz - Real Estate, Construction &... on

On May 26, 2020, Mayor de Blasio signed into effect N.Y.C. Council Int. No. 1932-A (2020). The law amends NYC administrative code by rendering unenforceable provisions in commercial leases providing for personal guaranties by...more

Tucker Arensberg, P.C.

Tax Appeals Based on Property Type May Violate State Constitution

Tucker Arensberg, P.C. on

Valley Forge Towers Apartments N, L.P. v. Upper Merion Area School Dist., 2017 Pa. LEXIS 1520, 163 A.3d 962 (Pa. July 5, 2017). (The Pennsylvania Supreme Court holds that school district’s tax assessment appeal policy...more

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