Real Estate Law
Overview
Tannenbaum Helpern's Real Estate Practice possesses skills, creativity and expertise to address the complex issues that arise in sophisticated real estate matters. We provide an interdisciplinary approach to the broad practice of real estate law, which facilitates the exchange of information regarding developing trends, laws, standards and transactions among the members of our practice group, as well as with other complementary practice groups within our firm such as our financial services, tax, litigation and bankruptcy groups. Utilizing this approach, we are able to advance Tannenbaum Helpern's credo of providing practical solutions to all legal issues confronting our clients.
Tannenbaum Helpern's real estate practice consists of experienced attorneys with broad based technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. Clients represented by Tannenbaum Helpern in real estate related transactions and matters include public companies and REITs, nationally recognized real estate private equity funds, national and regional owners, investors, developers and property managers, institutional lenders, hotel operators and national and regional retail chains.
Our attorneys are regularly engaged in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. Our attorneys also have been extensively engaged in workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations.
We also have a significant real estate litigation practice that has been involved in several leading and precedent setting cases involving such areas as workouts, foreclosures, contracts of sale, condominium and co-op sponsor defaults, flip tax regulations and "Yellowstone Injunctions." Our real estate attorneys actively work with our litigation attorneys to augment litigation teams with substantive real estate experience.
Representative Real Estate Services
- Real estate development, including urban and rural assemblages, commercial, residential and mixed-use projects, and warehouse, storage and manufacturing developments.
- Acquisitions and dispositions of real estate assets, including portfolio (or "bulk") transactions, "Section 1031" tax deferred exchange transactions, and purchases by and sales to REITs.
- Loan financings, including construction and permanent loan financings, mezzanine loan financings, securitized financings and loan participation transactions.
- Joint venture transactions, including preferred equity transactions and equity restructurings and recapitalizations.
- Office and retail leasing, both in New York City and throughout the country, for landlords and tenants.
- Sale and acquisition of debt, both performing and non-performing, and equity interests.
- Loan workouts, debt refinancings and bankruptcy proceedings.
- Real estate litigation, including foreclosures, condominium and co-op sponsor defaults, and leasing disputes.
- Management agreements, franchise arrangements and other service-related agreements.
- All matters pertaining to the representation of condominium boards of managers and cooperative boards of directors.
Attorneys
Case Studies
- Tannenbaum Helpern Wins Dismissal of Case and Prevents Delays in Times Square Skyscraper Construction
- Design and construction contracts for a portfolio of over 28 office buildings in Manhattan for a publicly traded REIT
- Long-Term Ground Lease to Prominent Manhattan Developer
- Acquisition of A To Be Developed 44,000 Square Foot Commercial Condominium Office Unit
- Sale of Portfolio of Twenty Retail Properties
- Acquisition and Financing of a Hotel in Detroit by a National Real Estate Investment Firm
- Joint Venture Re-development of Industrial Warehouse into Creative-use Office
- Acquisition of a controlling interest in a joint venture formed to acquire and develop multifamily housing units and a church
- Acquisition and Financing for the Development of Luxury Apartment Building in Downtown Manhattan
- Sale of Portfolio of Shopping Centers located in Puerto Rico to a Publicly Traded REIT
- Construction of four residential towers in Riverside Center
- Acquisition of Beer Distribution Business in New Jersey
- Development of Two Phase Residential Tower with Retail and Community Space
- Structuring and Formation of U.S. Real Estate-Focused Private Equity Fund
- Renovation of Notable New York Public Institution Buildings
- Acquisition of Beer Distributorships in New England
- Lease of a West Chelsea art gallery
- Secured preliminary injunction against trademark infringer
- Construction Mortgage Financing for New Jersey Gold Coast Class A Development
Publications
- CTA Enforcement Temporarily Suspended
- Borrower’s Approach to The Real Estate Mortgage Loan Workout
- New York State Passes Good Cause Eviction Law, Redefining the Meaning of Free Market Apartment Rentals
- Brokers and Sellers Be Aware: Changes to the New York Property Condition Disclosure Act Effective March 20, 2024
- The Corporate Transparency Act: A Guide to Beneficial Ownership Disclosure
- Real Estate Transfer Tax Liability Upon the Infusion of New Equity
- Is There New Life for Underutilized Office Buildings?
- The “Art” of Negotiating a Commercial Real Estate Mortgage Loan Term Sheet
- Proposed Tax on Real Estate Mezzanine Debt and Preferred Equity Financing…Once Again.
- Legal Q and A: Verifying workers' U.S. eligibility - The Construction Broadsheet
- Streamlining the Negotiation Process of Management Agreements
- The “Art” of the Commercial Real Estate Lease Term Sheet
- Negotiating Unavoidable Delays In Construction Contracts
- Owner-Architect Agreements: Scope of Services
- Construction Management Agreements: Setting the GMP
- Revisiting Indemnification Provisions
- Claims Against Architects And Engineers
- Reducing Potential Liability in Emergency Response
- ESG and Legislative Impacts On NYC Buildings
- Proposed Tax on Mezzanine Financing Extends its Reach to Preferred Equity
- Construction Management Agreements: CM Liability
- Corporate Transparency Act Imposes New Compliance Obligations on Real Estate Investors
- Transfer Taxes Lurk in New York Foreclosure and Deed-in-Lieu Transactions: Part 2 of 2
- Transfer Taxes Lurk in New York Foreclosure and Deed-in-Lieu Transactions: Part 1 of 2
- Construction Management Agreements: Defects and Failures
- NYC Greenhouse Gas Emissions Limits Start in 2024: Landlords and Tenants Prepare for the Impact
- How brick-and-mortar businesses survive the pandemic | Crain's New York | subscription required
- Owner's Checklist for Resuming Construction
- Lease Defaults and Restructuring: The Impact of a Tenant’s Bankruptcy (Part 1 of 3)
- Update to Summary of Legislative Relief for Tenants and Mortgage Borrowers in New York State in Response to COVID-19
- Find the silver lining – It’s out there
- Summary of Legislative Relief for Tenants and Mortgage Borrowers in New York State in Response to COVID-19
- COVID-19 Rent Relief: The Anticipated "Commercial Lease Workout"
- Real Estate Contracts: Does COVID-19 Excuse Timely Performance?
- Construction Management Agreements: Pricing
- Proposed NYS Legislation May Increase the Cost of Mezzanine Financing
- Owners Should Take Caution in Waiving Consequential Damages
- NY Real Estate Investors Venturing Outside of New York Due to New Rent Regulation Face Unfamiliar Practices
- Construction Management Agreements: The Cost Plus Hybrid
- Revisiting ‘No Damage For Delay’ Clauses
- NY Court of Appeals Upholds Commercial Tenant's Yellowstone Injunction Waiver
- Real Estate Transfer Tax and Mansion Tax Rates
- Treasury clarifies the qualified opportunity zone program with additional guidance
- Qualified Opportunity Zones: The Real Estate Developer's Perspective
- An Owner’s Response To Potential Subcontractor Liens
- Proposed Regulations Clarify Certain Open Issues on the Opportunity Zone Tax Incentive Program
- Beware of the AIA Form of Performance Bond
- Conditions Precedent in Construction Contracts
- Retail Tenant Bankruptcies: A Shift in Favor of Landlords' Bids to Terminate Leases
- Recent Developments in Neighbor Litigation
- NY Appellate Court Shifts Balance of Power in Commercial Real Estate Leases: Upholds Yellowstone Injunction Waiver
- Proposed Legislation May Boost Construction Financing
- The Role of Owner’s Representative
- Hidden Costs: New York City’s Submetering and Lighting
- Delay Claim Analysis
- Ensuring Third-Party Beneficiary Status to Owners
- Recurring Issues with Contract Indemnities
- An Eye on Commercial Real Estate in 2017
- Ensuring Additional Insured Status in Construction Agreements
- New York Slow to Embrace The ‘Design-Build’ System
- Recommended Owner Modifications to Standard AIA Documents
- Hidden Impact of a Major Accounting Change on the Commercial Real Estate Market
- Importance of Construction Contract Coordination
Tannenbaum Helpern's Real Estate Practice possesses skills, creativity and expertise to address the complex issues that arise in sophisticated real estate matters. We provide an interdisciplinary approach to the broad practice of real estate law, which facilitates the exchange of information regarding developing trends, laws, standards and transactions among the members of our practice group, as well as with other complementary practice groups within our firm such as our financial services, tax, litigation and bankruptcy groups. Utilizing this approach, we are able to advance Tannenbaum Helpern's credo of providing practical solutions to all legal issues confronting our clients.
Tannenbaum Helpern's real estate practice consists of experienced attorneys with broad based technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. Clients represented by Tannenbaum Helpern in real estate related transactions and matters include public companies and REITs, nationally recognized real estate private equity funds, national and regional owners, investors, developers and property managers, institutional lenders, hotel operators and national and regional retail chains.
Our attorneys are regularly engaged in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. Our attorneys also have been extensively engaged in workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations.
We also have a significant real estate litigation practice that has been involved in several leading and precedent setting cases involving such areas as workouts, foreclosures, contracts of sale, condominium and co-op sponsor defaults, flip tax regulations and "Yellowstone Injunctions." Our real estate attorneys actively work with our litigation attorneys to augment litigation teams with substantive real estate experience.
Representative Real Estate Services
- Real estate development, including urban and rural assemblages, commercial, residential and mixed-use projects, and warehouse, storage and manufacturing developments.
- Acquisitions and dispositions of real estate assets, including portfolio (or "bulk") transactions, "Section 1031" tax deferred exchange transactions, and purchases by and sales to REITs.
- Loan financings, including construction and permanent loan financings, mezzanine loan financings, securitized financings and loan participation transactions.
- Joint venture transactions, including preferred equity transactions and equity restructurings and recapitalizations.
- Office and retail leasing, both in New York City and throughout the country, for landlords and tenants.
- Sale and acquisition of debt, both performing and non-performing, and equity interests.
- Loan workouts, debt refinancings and bankruptcy proceedings.
- Real estate litigation, including foreclosures, condominium and co-op sponsor defaults, and leasing disputes.
- Management agreements, franchise arrangements and other service-related agreements.
- All matters pertaining to the representation of condominium boards of managers and cooperative boards of directors.
- Tannenbaum Helpern Wins Dismissal of Case and Prevents Delays in Times Square Skyscraper Construction
- Design and construction contracts for a portfolio of over 28 office buildings in Manhattan for a publicly traded REIT
- Long-Term Ground Lease to Prominent Manhattan Developer
- Acquisition of A To Be Developed 44,000 Square Foot Commercial Condominium Office Unit
- Sale of Portfolio of Twenty Retail Properties
- Acquisition and Financing of a Hotel in Detroit by a National Real Estate Investment Firm
- Joint Venture Re-development of Industrial Warehouse into Creative-use Office
- Acquisition of a controlling interest in a joint venture formed to acquire and develop multifamily housing units and a church
- Acquisition and Financing for the Development of Luxury Apartment Building in Downtown Manhattan
- Sale of Portfolio of Shopping Centers located in Puerto Rico to a Publicly Traded REIT
- Construction of four residential towers in Riverside Center
- Acquisition of Beer Distribution Business in New Jersey
- Development of Two Phase Residential Tower with Retail and Community Space
- Structuring and Formation of U.S. Real Estate-Focused Private Equity Fund
- Renovation of Notable New York Public Institution Buildings
- Acquisition of Beer Distributorships in New England
- Lease of a West Chelsea art gallery
- Secured preliminary injunction against trademark infringer
- Construction Mortgage Financing for New Jersey Gold Coast Class A Development
- CTA Enforcement Temporarily Suspended
- Borrower’s Approach to The Real Estate Mortgage Loan Workout
- New York State Passes Good Cause Eviction Law, Redefining the Meaning of Free Market Apartment Rentals
- Brokers and Sellers Be Aware: Changes to the New York Property Condition Disclosure Act Effective March 20, 2024
- The Corporate Transparency Act: A Guide to Beneficial Ownership Disclosure
- Real Estate Transfer Tax Liability Upon the Infusion of New Equity
- Is There New Life for Underutilized Office Buildings?
- The “Art” of Negotiating a Commercial Real Estate Mortgage Loan Term Sheet
- Proposed Tax on Real Estate Mezzanine Debt and Preferred Equity Financing…Once Again.
- Legal Q and A: Verifying workers' U.S. eligibility - The Construction Broadsheet
- Streamlining the Negotiation Process of Management Agreements
- The “Art” of the Commercial Real Estate Lease Term Sheet
- Negotiating Unavoidable Delays In Construction Contracts
- Owner-Architect Agreements: Scope of Services
- Construction Management Agreements: Setting the GMP
- Revisiting Indemnification Provisions
- Claims Against Architects And Engineers
- Reducing Potential Liability in Emergency Response
- ESG and Legislative Impacts On NYC Buildings
- Proposed Tax on Mezzanine Financing Extends its Reach to Preferred Equity
- Construction Management Agreements: CM Liability
- Corporate Transparency Act Imposes New Compliance Obligations on Real Estate Investors
- Transfer Taxes Lurk in New York Foreclosure and Deed-in-Lieu Transactions: Part 2 of 2
- Transfer Taxes Lurk in New York Foreclosure and Deed-in-Lieu Transactions: Part 1 of 2
- Construction Management Agreements: Defects and Failures
- NYC Greenhouse Gas Emissions Limits Start in 2024: Landlords and Tenants Prepare for the Impact
- How brick-and-mortar businesses survive the pandemic | Crain's New York | subscription required
- Owner's Checklist for Resuming Construction
- Lease Defaults and Restructuring: The Impact of a Tenant’s Bankruptcy (Part 1 of 3)
- Update to Summary of Legislative Relief for Tenants and Mortgage Borrowers in New York State in Response to COVID-19
- Find the silver lining – It’s out there
- Summary of Legislative Relief for Tenants and Mortgage Borrowers in New York State in Response to COVID-19
- COVID-19 Rent Relief: The Anticipated "Commercial Lease Workout"
- Real Estate Contracts: Does COVID-19 Excuse Timely Performance?
- Construction Management Agreements: Pricing
- Proposed NYS Legislation May Increase the Cost of Mezzanine Financing
- Owners Should Take Caution in Waiving Consequential Damages
- NY Real Estate Investors Venturing Outside of New York Due to New Rent Regulation Face Unfamiliar Practices
- Construction Management Agreements: The Cost Plus Hybrid
- Revisiting ‘No Damage For Delay’ Clauses
- NY Court of Appeals Upholds Commercial Tenant's Yellowstone Injunction Waiver
- Real Estate Transfer Tax and Mansion Tax Rates
- Treasury clarifies the qualified opportunity zone program with additional guidance
- Qualified Opportunity Zones: The Real Estate Developer's Perspective
- An Owner’s Response To Potential Subcontractor Liens
- Proposed Regulations Clarify Certain Open Issues on the Opportunity Zone Tax Incentive Program
- Beware of the AIA Form of Performance Bond
- Conditions Precedent in Construction Contracts
- Retail Tenant Bankruptcies: A Shift in Favor of Landlords' Bids to Terminate Leases
- Recent Developments in Neighbor Litigation
- NY Appellate Court Shifts Balance of Power in Commercial Real Estate Leases: Upholds Yellowstone Injunction Waiver
- Proposed Legislation May Boost Construction Financing
- The Role of Owner’s Representative
- Hidden Costs: New York City’s Submetering and Lighting
- Delay Claim Analysis
- Ensuring Third-Party Beneficiary Status to Owners
- Recurring Issues with Contract Indemnities
- An Eye on Commercial Real Estate in 2017
- Ensuring Additional Insured Status in Construction Agreements
- New York Slow to Embrace The ‘Design-Build’ System
- Recommended Owner Modifications to Standard AIA Documents
- Hidden Impact of a Major Accounting Change on the Commercial Real Estate Market
- Importance of Construction Contract Coordination