Over three decades since the Americans with Disabilities Act became law, federal authorities are implementing landmark regulations to clarify its application in the digital sphere. This month, the U.S. Department of Justice is poised to finalize a pioneering rule delineating technical standards for the digital accessibility of websites and mobile apps falling under Title II […]
Read more...NYC Commercial Real Estate and Litigation Defense Blog
ESG: It’s Impact on the U.S. Real Estate Market: Shifting Priorities
ESG, or Environmental, Social, and Governance factors, notably influences the U.S. real estate sector. Impending reporting mandates and evolving investment standards drive this. The Securities and Exchange Commission (SEC) has proposed ESG regulations mandating climate-related disclosures in the United States. These rules enhance transparency by requiring companies to report annual carbon emissions, detail strategies to […]
Read more...Have Landlord’s Repairs Caused a Constructive Eviction?
So, here’s the scoop: a commercial landlord and tenant had a bit of a showdown in court, trying to figure out if the landlord’s actions ruined the tenant’s business and if the landlord’s repairs caused a constructive eviction. Let’s take a closer look at how this played out. Both sides tried to get some pre-trial […]
Read more...Converting Offices into Residences in NYC is Challenging
Office buildings are under pressure as remote work becomes more prevalent. McKinsey forecasts an $800 billion decrease in their value over the next decade, particularly in cities like New York. While converting these spaces into apartments might seem like a logical step, the reality is far more complex. Analysts outline the obstacles: strict zoning laws […]
Read more...Late Fees in Commercial Leases
In a dispute over a commercial lease, landlords typically insist on recovering all late fees stipulated in the lease when tenants default on rent and additional rent payments. On the flip side, tenants often resist paying these fees, arguing that they are unreasonably high and disproportionate to what they owe, despite what the lease states. […]
Read more...Security Deposit Law in New York
Security deposits are common among landlords in residential and commercial property leases. These deposits are a financial safeguard to ensure tenants fulfill their lease obligations. But what exactly is a security deposit? It’s a sum of money provided by the tenant to the landlord, held for the duration of the lease. Typically, security deposits are […]
Read more...Website Accessibility Suits move to State Courts
There has been a significant increase in website accessibility lawsuits in New York City, specifically in the United States District Courts for the Southern and Eastern Districts. Since 2017, visually impaired individuals have initiated many legal actions against businesses, alleging violations of the Americans with Disabilities Act (ADA). By 2022, New York has become the […]
Read more...“Tester” Standing in ADA Cases Still Undecided by Supreme Court
As discussed in a previous blog post, the Supreme Court decided to review a case concerning “tester” standing (Acheson Hotels, LLC v. Laufer). This caused significant anticipation among those concerned with the enforcement of Title III of the Americans with Disabilities Act. However, the October 4th oral arguments raised doubts about whether we would receive […]
Read more...Is it Possible to Sign a Commercial Lease Electronically?
In today’s commercial lease agreements, it’s quite common to find provisions that permit electronic signatures and the use of platforms like DocuSign. However, it’s essential to note that certain signatures, such as those on a Guaranty, may require notarization. In such cases, the notarized signature is usually provided in hard copy to the Landlord’s legal […]
Read more...SNDA -Essential for NYC Commercial Tenants
Are you leasing commercial property in the heart of New York City? Chances are, your landlord has already or will soon approach you with something called a Subordination, Non-Disturbance, and Attornment Agreement, commonly known as an “SNDA.” While the name might sound complex, its role in shaping the dynamics between tenants, landlords, and lenders is […]
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