By Michael Flynn, Doug Prince and Khaled Tarazi On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order. The case was brought by seven Texas landlords against the CDC, challenging the CDC moratorium order. The CDC moratorium applies to tenants who, among other things, declare economic hardship and earned $99,000 or less in 2020 ($198,000 for couples) ...
Following last week’s FHFA announcement extending the Fannie Mae and Freddie Mac foreclosure and eviction moratoria and their deadlines for applying for COVID-related forbearance, the White House announced on February 16 that FHA, VA, and USDA will extend their single-family residential foreclosure and eviction moratoria, and their deadlines for applying for COVID-related forbearance, to June 30, 2021 ...
By Michael Flynn, Doug Prince and Khaled Tarazi Buchalter’s February 16 COVID Alert (https://www.buchalter.com/wp-content/uploads/2021/02/FHA-VA-USDA-Foreclosure-and-Eviction-Moratoria-and-Forbearance-Application-Deadline-Extended-to-June-30.pdf) reported that the federal government had extended the FHA, VA and USDA timelines for single-family foreclosure and eviction moratoria and forbearance periods to June 30, 2021 ...
In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New York rejected an attempt by The Gap, Inc. (“Gap”) to excuse payment of such obligations due to the pandemic and related government restrictions ...
In an update to our client alert from November 30 regarding the San Francisco commercial eviction moratorium previously passed by the Board of Supervisors, we note that, following our publication of the client alert, the Board of Supervisors, on December 1, amended the moratorium to clarify previous language on a retail tenant’s right to terminate its lease that was ambiguous ...
On November 17, 2020, the San Francisco Board of Supervisors unanimously approved an extension to the commercial eviction moratorium that had been previously enacted and extended on a month-to-month basis by mayoral declaration. The new commercial eviction ordinance (the “Ordinance”) keeps the majority of the terms of the current moratorium in effect, while providing a new four-tiered system for qualified tenants for repayment of deferred rent ...
Following the passage of its commercial eviction moratorium for certain qualified tenants in December 2020,[1] the San Francisco Board of Supervisors, on August 4, 2021, provided additional assistance to the same class of “Covered Commercial Tenants” by establishing a new evidentiary presumption aimed at excusing payment of past due rent. To the extent applicable, the presumption applies to all past due rent as of March 16, 2020 ...
On August 12, in a 6-3 decision, the U.S. Supreme Court issued an order enjoining the portion of a New York State statute which provided that tenants could establish that they had suffered COVID-related economic hardship by means of self-certification. Under the New York law, eviction actions based on non-payment of rent could not go forward if a tenant submitted such a self-certification. Under the law, landlords could not contest the tenant’s declaration in court ...
On Thursday, August 13, the California Judicial Council elected to rescind Emergency Rules 1 and 2 related to eviction and foreclosure actions in California applicable to both residential and commercial properties, effective September 1, 2020. Emergency Rules 1 and 2, previously put in place on April 6, prevented all unlawful detainer and foreclosure actions statewide, except in cases of public health or safety ...
The San Francisco Emergency Ordinance on cleaning commercial office buildings larger than 50,000 square feet and tourist hotels was signed by the Mayor on July 17th, becoming effective immediately upon her signature. As noted in a prior Buchalter Client Alert, there are many problems with this Ordinance and, unfortunately, none of those problems were corrected before it was signed into law ...
This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page. One sector that has performed robustly during the pandemic is build-to-rent (BTR), with demand set to continue in the coming years as investors look to this sector to deliver long-term returns. According to a recent report, over £1 ...
Building any career or business can be difficult, but even more so in construction. A company or individual can ruin its reputation that it took years to develop by taking a political stance or posting the wrong thing online. It can be difficult to recover from blowing a bid, miscalculating an estimate, or being locked into a fixed-price contract and the cost of materials escalate more than your profit. One might have to close up shop or be demoted or terminated ...
The deadline of the of 6 April is fast approaching for private sector businesses carrying out building control work in England and Wales to register with the Building Safety Regulator (BSR) as registered building control approvers (RBCAs). The move from Approved Inspectors to RBCAs is one of the changes the Building Safety Act 2022 seeks to make to raise competence levels in building control and increase accountability ...
Dinsmore construction partner Jim Boyers and commercial litigation clerk Mary-Kate Hetzel were published in The Indiana Lawyer this week discussing how building material price increases have created logistical and legal challenges during the COVID-19 pandemic. An excerpt is below ...
1 When Do We Need a Building Permit?As a rule, the construction of or any structural alterations to any building situated on theRomanian territory requires a building permit. Few are the contexts where this rule is notapplicable. These situations usually refer to the repairing and maintenance works to the existingbuildings, which do not involve changes in the initial features of the buildings ...
The implementation of the Building Safety Act 2022 (‘the Act’), aimed to reform building safety legislation following the Grenfell Tower fire in 2017, is now well underway. The requirements set out in the Act will affect everyone in the built environment industry, and not just in respect of higher-risk buildings ...
The Building Safety Bill was finally introduced into Parliament on 30 June 2021 with the aim of delivering fundamental reform to the building safety system. The Bill’s progress through Parliament will be closely monitored as the construction industry looks to prepare for the potentially wide-ranging impact of this complex piece of legislation. The Bill was published in draft form in 2020 to enable pre-legislative scrutiny ...
Almost exactly a decade ago, on August 5, 2004, the United States signed the Dominican Republic-Central America-United States Free Trade Agreement ("DR-CAFTA") with the Dominican Republic and five Central American counties (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua)> The DR-CAFTA, which was the very first free trade agreement between the United States and a group of smaller developing economies, entered into force for the United State, El Salvador, Guatemala, Honduras,
Business Rates has been a hot potato in the property industry for many years, no more so than in the retail sector. We are a nation of shoppers, yet the outdated system of rates valuation disincentivises investment in retail property and inhibits growth. The way in which we shop has changed, with the growth of online and multi-channel retailing, but the way in which retail businesses are taxed on their bricks and mortar has not ...
The government has started the announce the dismantling of certain Covid19 measures and from Monday, April 27, 2020, itnow allows business trips for foreigners to the Czech Republic, in respect of which entrepreneurs have been repeatedly demanding. However, it set a number of conditions and rules ...
The movement of information across national borders drives today’s global economy. Cross-border data transfers allow businesses and consumers access to the best available technology and services, wherever those resources may be located around the world. The free-flow of data across borders benefits all industry sectors, from manufacturing to financial services, education, health care and beyond ...
Effective May 9, 2022, Native tribes, workers, and businesses may face fewer hurdles when competing for federal construction projects due to several revisions the Department of the Interior has published to its Department of the Interior Acquisition Regulations (DIAR), codified at 48 CFR parts 1401-1499, to better comply with the Buy Indian Act and policies from the Biden Administration ...
British Virgin Islands (BVI) companies are commonly used in the UAE by investors to hold real estate properties and/or shares in UAE companies. Investors need to be aware of a recently enacted BVI law, the Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Law), which introduces economic substance requirements in the BVI ...
