Insights

Although many real estate professionals are familiar with the withholding requirements under the Foreign Investment in Real Property Tax Act (FIRPTA) when a non-resident alien (“NRA”) or foreign corporation (“FC”) sells U.S. real property, a less-often discussed topic is the similar withholding required when a NRA or FC owns and…

On January 12, 2022, the Bureau of Labor Statistics published the Consumer Price Index for December 2021, which increased 7.0% from December 2020. This is great news for landlords who use a CPI index clause that adjusts rent to correspond with changes to inflation, as opposed to a flat percentage…

Title IV of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), provides mortgage relief to homeowners with federally backed mortgage loans. The CARES Act allows eligible borrowers to request forbearance on loan payments for six months, and then request an additional six month forbearance period. The Act also…

Given widespread financial hardship due to COVID-19, commercial landlords are receiving requests for relief from tenants unable to pay the next month’s rent. Legally, landlords are probably justified in refusing to abate or defer rent, though this issue is far from settled and ripe for future litigation. A tenant in…