On February 2, 2022, the California Court of Appeal, Fourth Appellate District, changed the status of a decision in January from unpublished to published. The decision is significant for its clear and unequivocal ruling that the California Density Bonus Law (Cal. Gov. Code, § 65915 et seq.) prevails over local zoning and land use requirements
Real Estate Legal Update
Insight and commentary on investment property, corporate real estate issues and property development
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San Francisco Board of Supervisors lengthens notice period for tenants facing evictions
An ordinance that the San Francisco Board of Supervisors passed on Jan. 25 will require landlords to give residential tenants a 10-day notice and an opportunity to cure before commencing eviction proceedings for just cause. This extends the three-day notice requirement under state law.
The 10-day notice and cure requirement will apply to just cause…
UK Government extends moratorium on commercial evictions to March 2022
In a move which has shocked the property industry, the government has extended the ban on commercial lease forfeiture again, this time for a further nine months to 25 March 2022. Commercial Rent Arrears Recovery is similarly deferred, with tenants having to have built up 554 days of unpaid rent before landlords are able to…
Regis CVA revoked on a technicality – Good news for landlords?
Hair salon chain Regis’s company voluntary arrangement (CVA) was revoked on 17 May in a hearing that considered several arguments put forward by a number of landlords. The judge found that one of the creditors had been incorrectly categorised by the nominees as critical, and that this treatment unfairly prejudiced the landlords. On that ground…
Ending Some State- and City-Level Opportunity Zone Tax Benefits in New York
The federal opportunity zone program (26 U.S.C. Sec. 1400Z et seq., the “OZ Program”) provides tax benefits to encourage private investment in economically distressed areas. More than 8,700 census tracts, located in every state, Washington, D.C., and five U.S. territories, were designated as opportunity zones. Proponents hoped that investments in these communities would spur economic…
Die COVID-19 Gesetzgebung in Deutschland
Mietverträge werden dadurch bestimmt, dass der Vermieter dem Mieter den Mietgegenstand überlässt und der Mieter dafür Miete zahlt. Ist der Mieter mit der Zahlung der Miete im Rückstand in Höhe eines Betrages, der mindestens 2 Monatsmieten entspricht, ist der Vermieter zur Kündigung des Mietverhältnisses berechtigt (§ 543 Abs. 2 Nr. 3 BGB). Aber den Mietern…
COVID-19 Legislation in Germany
Tenancy agreements are determined by the landlord handing over the rented property to the tenant – and the tenant paying rent for it. If the tenant is in arrears with the equivalent to at least 2 months’ rent, the landlord is entitled to terminate the tenancy (section 543 para. 2 no. 3 of the German…
Planning and construction in a post-COVID world: The Business and Planning Bill
As pressure continues to mount on the Government to ensure the survival of the British construction industry, the Housing Secretary has announced new measures to boost building activity in the UK and to make it easier to comply with new safe working requirements introduced last month. The Business and Planning Bill (“B&P Bill”) tabled in…
UK Real Estate and COVID 19: A new code for commercial landlords and tenants, and extended measures on forfeiture and CRAR
The government has today published a code of practice for commercial property relationships, seeking to codify what should be existing good practice between commercial landlords and their tenants during these extremely difficult times for businesses on both sides. It recognises that everyone is impacted and that businesses should operate reasonably and responsibly to provide…
The temporary changes to permitted development rights: key takeaways
By Julia Berry & Nav Sahota
In a remarkably swift response to the current crisis, the government brought in an amendment to the permitted development regulations a day after lockdown was imposed, allowing pubs and restaurants (A4 and A3 uses) to be used for the sale of takeaway food. These measures introduced a new Class DA: “Restaurants and cafes, drinking establishments…