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Consolidated Appropriations Act of 2021 Amends Bankruptcy CodePart 3: Congress Gives Suppliers and Landlords a Shiny New Arrow in their Quiver to Challenge Preference Actions
February 2, 2021 | Blog | By Joseph Dunn, Abigail O'Brient
For bankruptcy litigators – or any business which has been frustrated to receive a demand letter after one of its customers filed bankruptcy – one particular amendment stands out in the CARES ACT bill. The Act amended Section 547 of the Bankruptcy Code to provide suppliers and landlords with an additional potential challenge to actions brought to “claw back” payments made by a debtor in the 90 days preceding bankruptcy.
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Consolidated Appropriations Act of 2021 Amends Bankruptcy CodePart 2: Amendments Affecting Landlords
January 29, 2021 | Blog | By Andrew B. Levin, Abigail O'Brient
The CARES Act assists debtors by amending Section 365(d)(3) of the Bankruptcy Code to allow, at the bankruptcy court’s discretion, small business debtors experiencing pandemic-related financial hardship an extra 60 days, in addition to the initial 60-day grace period, to make payments under unexpired leases of non-residential real property following the bankruptcy filing date.
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Executive Orders, Administrative Court Orders, and Legislation: The Ever-Changing NY Landscape on Foreclosures, Evictions, and Out-of-State Travel [Updated August 25, 2020]
August 26, 2020 | Blog | By Therese Doherty, Alexandra Gallo-Cook
The landscape for foreclosures and evictions in New York State is constantly evolving. With the entire State of New York in Phase 4 of New York Forward, the courts have begun to reopen (at least virtually) and certain foreclosure proceedings have resumed. Eviction proceedings remain stayed as against those commercial and residential tenants who demonstrate COVID-related hardship.
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New York Forward Phase 2: Guidance for Commercial Landlords and Office Tenants in New York City
June 8, 2020 | Blog
In late May, guidance for Phase 2 of Governor Cuomo’s New York Forward re-opening plan was issued. New York City is expected to enter into Phase 1 on June 8th, and thereafter Phase 2, provided certain thresholds are satisfied.
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Practical Guidance for Massachusetts Commercial Landlords
May 29, 2020 | Blog | By Kelly Frey
Massachusetts issued a moratorium on evictions on April 20, 2020. In this video, Kelly Frey, a member of Mintz’s Real Estate Litigation practice addresses what recourse landlords have to collect rent under this order.
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UPDATED: New York State Stays Evictions and Foreclosures Due to the COVID-19 Pandemic
May 22, 2020 | Blog | By Therese Doherty, Alexandra Gallo-Cook
Recent Executive Orders by New York Governor Cuomo and Administrative Orders by the New York State courts effectively have stayed the enforcement of residential and commercial evictions and foreclosures in New York through June 20, 2020, and barred the commencement of any such new proceedings until further order of the courts.
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Part Two: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19
May 15, 2020 | Blog | By Antony Nash, Michael Godwin
COVID-19 has flipped the landlord-tenant relationship on its head. Prior to the COVID-19 pandemic, the relationship between landlords and tenants—and the payment of rent—was governed by the terms of the lease.
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Part One: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19
May 14, 2020 | Blog | By Antony Nash, Michael Godwin
COVID-19 has flipped the landlord-tenant relationship on its head. Prior to the COVID-19 pandemic, the relationship between landlords and tenants—and the payment of rent—was governed by the terms of the lease.
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Price Gouging Laws — What Clients Need to Know
April 29, 2020 | Alert | By Jason P.W. Halperin, Jeffrey Moerdler , Scott Rader, Anthony J. Viola
Read about how price gouging statutes and enforcement, by NY state and city, Mass., and the federal government, may affect businesses during the COVID-19 pandemic.
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Governor Baker Signs Legislation Creating a Temporary Moratorium on Evictions: What Commercial Landlords Need to Know
April 21, 2020 | Blog | By Kelly Frey, Jennifer Kiely, Chelsea Wood-Brown
Today, April 20, 2020, Governor Charles Baker signed into law an act providing for a moratorium on evictions and as well as foreclosures of residential property (the “Act”) during the pendency of Massachusetts’ COVID-19 emergency declared by the Governor on March 10, 2020.
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New York Legislature Introduces Bill to Waive Certain Rent and Mortgage Payments for 90 Days in Response to COVID-19 Pandemic
March 26, 2020 | | By Therese Doherty, Alexandra Gallo-Cook
On March 23, 2020, the New York Senate proposed legislation that would forever waive rent payment obligations and mortgage payment obligations due from certain residential tenants and small business commercial tenants for 90 days in response to the COVID-19 pandemic.
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New York State Stays Residential and Commercial Evictions and Foreclosures Due to the COVID-19 Pandemic
March 25, 2020 | Alert | By Therese Doherty, Alexandra Gallo-Cook
This alert reviews executive orders by New York Governor Cuomo and administrative orders by the New York State courts that have stayed residential and commercial evictions and foreclosures in New York.
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Commercial Eviction Restrictions Take Shape Nationwide
March 23, 2020 | Blog | By Kelly Frey
In response to the growing COVID-19 crisis, an increasing number of state and local governments will be issuing Executive Orders that mandate the closure of private businesses and require citizens to “stay home” or “shelter in place.” Several jurisdictions, including San Francisco, Los Angeles, and New York, are trying to mitigate the downstream economic impact of such Orders by limiting or banning commercial evictions during the pendency of the COVID-19 epidemic.
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Massachusetts Appeals Court Holds that Restrictive Covenants Created as Part of a Common Scheme May Be Extended Beyond Thirty Years Only if Explicitly Allowed in the Original Instrument
December 7, 2017 | Advisory | By Joel Rothman, Rebecca Lee, Nicholas Cramb
On December 5, 2017, the Massachusetts Appeals Court issued an important decision in Berger v. 2 Wyndcliff, LLC, No. 16-P-336 (Mass. App. Ct. Dec. 5, 2017), clarifying the extent to which land owners in a common-scheme development may extend restrictive covenants.
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California Update: Amended Civil Code Section 1938 and New CASp Obligations for Commercial Landlords
February 2, 2017 | Alert
Last September, Governor Brown signed California Assembly Bill 2093 (“AB 2093”) which amended California Civil Code Section 1938 and created new obligations for commercial landlords.
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First Circuit Affirms US Park Service Designation of Long Wharf Pavilion Area for Public Recreational Use
October 4, 2016 | Alert | By Nicholas Cramb
On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, “for now, at least, the long war over Long Wharf is at an end.”
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Developers Who Elect Not to Pay Comprehensive Permit Fees in Full Proceed at Their Peril
September 19, 2016 | Alert | By Nicholas Cramb, Joel Rothman
The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts General Laws (“Chapter 40B”).
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EB-5 Regional Center Program to Get Short-Term Reprieve with Passage of Continuing Resolution
September 30, 2015 | Alert | By Alexander Hecht, R. Neal Martin, Douglas Hauer
Coinciding with the end of the current fiscal year, the EB-5 regional center program is set to expire today but will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that will fund the government through December 11 and also temporarily extend the regional center program through that same date.
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Industry’s Response to EPA Proposed Nano Rule
June 22, 2015 | Alert | By Katy Ward
EPA held a public meeting on June 11, 2015 on EPA’s Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA).
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EPA’s Proposed Nano Rule: What Should You Be Doing Now?
May 4, 2015 | Alert | By Katy Ward
On April 6, 2015, EPA published a long-awaited Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA).
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