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Leasing in NYC in the Time of COVID: A Review of Emerging Negotiation Trends

Produced on October 08, 2020

$ 89 Contract, Real Estate, and Covid-19 In Stock
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Course Information

Time 53m
Difficulty Beginner
Topics covered in this course: Contract Real Estate Covid-19

Course Description

As the commercial real estate market moves into the eighth month of the COVID environment, many landlords and tenants are in the midst of intense negotiation of the financial obligations imposed by their leases. Tenants are seeking financial relief in the form of rebates and lower rent and landlords are hard-pressed to hold tenants to their lease obligations. 

This program, taught by Bert Rosenblatt, a Principal at Vicus Partners LLC, and David Rubin, Partner and head of the Real Estate group at Golenbock Eiseman Assor Bell & Peskoe LLP, will examine some of the main issues involved with such negotiations and highlight the emerging trends that shape the process along the way.


Learning Objectives:

  1. Examine potential pitfalls concerning landlord application of security deposits
  2. Review the “good-guy guaranty” – a powerful tool but one that is fraught with risks
  3. Survey noteworthy court decisions involving lease obligations during bankruptcy proceedings

Credit Information

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Faculty

David M. Rubin

Golenbock Eiseman Assor Bell & Peskoe LLP

Mr. Rubin is an experienced real estate attorney with a depth and breadth of experience in real estate law co-extensive with the types of transactions that one confronts in a major real estate practice. His practice includes internal contract negotiations, representation of purchasers and sellers of commercial buildings, warehouse and office structures, shopping centers, and ground leases. He has negotiated the purchase of properties out of bankruptcy and negotiated extensive office, manufacturing, retail and restaurant leases, along with extensive ground leases. Mr. Rubin has, in the course of his practice, represented parties in a substantial real estate litigation involving lease and audit disputes, trespass and brokerage fees.

Representative matters

  • Negotiation of offices leases varying in size from a few thousand to hundreds of thousands of square feet in major cities across the United States, including a number of leases where client was the largest tenant in the facilities.

  • Negotiation of four-party sublease of 100,000 square feet with two separate subtenants and independent agreements with the overlandlord so that sublandlord came out whole on the transaction.

  • Sale of commercial property in Williamsburgh to development group with potential title and zoning issues and tenant removal issues.

  • Recovery of possession of a portion of a residential apartment building for a not-for-profit organization through negotiation with each of the residential tenants, all without recourse to litigation.

  • Action to quiet title on certain property in the City of New York arising from adverse possession and the purchase of air rights in connection therewith.

  • Action to recover substantial down payment arising from breach of a contract to purchase property in conjunction with renegotiation of contract of sale.

  • Litigation to recover and defend against brokerage claims pertaining to commercial real estate matters.

  • Negotiation of employment and severance agreements and acting as general counsel to various closely held corporations, including guidance on a range of legal issues.

  • Representation of developer in assemblage of property on the upper east side of Manhattan and purchase of property out of bankruptcy.

  • Arbitration and mediation.


Professional Activities

  • Member, Panel of Arbitrators, American Arbitration Association

  • Arbitrator, Small Claims Court, City of New York

  • Member, Complaint Mediation Panel of the Committee on Professional Discipline of the Association of the Bar

  • Former Member, Committee on Diversity of the New York Bar Association

  • Member, Committee on Standards of Attorney Conduct of the New York State Bar Association

  • Member, Lawyers Foreclosure Intervention Network

  • Panel Chair & Member, Departmental Disciplinary Committee, First Judicial Department




Bertram Rosenblatt

Vicus Partners

Born and raised in Manhattan, Bert Rosenblatt is the co-founder of Vicus Partners, a commercial real estate firm dedicated exclusively to representing tenants. Bert and Vicus have proudly represented hundreds of firms in New York City ranging from start-ups and small businesses to Fortune 500 clients, including General Assembly, GE Capital, Assembled Brands, & Patek Philippe. 

Bert is on the Board of Leadership Enterprise For A Diverse America (LEDA), a member of Entrepreneurs Organization , United Jewish Association’s Tech Board, The Business Owners Council, & REBNY. He’s also a contributor to Eye to Eye, a non-profit organization focused on youth mentoring programs for dyslexic children.

Bert is an avid runner and squash player, and lives in Carroll Gardens, Brooklyn with his wife Varsha, daughter Damini and son Dagan.



Reviews

AR
Aubrey R.

Wonderful discussion by presenters.

EA
Eva A.

Excellent and timely presentation.

CK
Carrie K.

Excellent program addressing an evolving problem. Well done!

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