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On March 23, 2020, the New York Senate proposed legislation that would forever waive rent payment obligations and mortgage payment obligations due from certain residential tenants and small business commercial tenants for 90 days in response to the COVID-19 pandemic.
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This alert reviews executive orders by New York Governor Cuomo and administrative orders by the New York State courts that have stayed residential and commercial evictions and foreclosures in New York.
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Commercial Eviction Restrictions Take Shape Nationwide

March 23, 2020 | Blog | By Kelly Frey, Alyssa B. Roy

In response to the growing COVID-19 crisis, an increasing number of state and local governments will be issuing Executive Orders that mandate the closure of private businesses and require citizens to “stay home” or “shelter in place.” Several jurisdictions, including San Francisco, Los Angeles, and New York, are trying to mitigate the downstream economic impact of such Orders by limiting or banning commercial evictions during the pendency of the COVID-19 epidemic.
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On December 5, 2017, the Massachusetts Appeals Court issued an important decision in Berger v. 2 Wyndcliff, LLC, No. 16-P-336 (Mass. App. Ct. Dec. 5, 2017), clarifying the extent to which land owners in a common-scheme development may extend restrictive covenants.
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Last September, Governor Brown signed California Assembly Bill 2093 (“AB 2093”) which amended California Civil Code Section 1938 and created new obligations for commercial landlords. 
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On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, “for now, at least, the long war over Long Wharf is at an end.”
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Developers Who Elect Not to Pay Comprehensive Permit Fees in Full Proceed at Their Peril

September 19, 2016 | Alert | By Nicholas Cramb, Joel Rothman, Allan Caggiano

The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts General Laws (“Chapter 40B”).
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EB-5 Regional Center Program to Get Short-Term Reprieve with Passage of Continuing Resolution

September 30, 2015 | Alert | By Alexander Hecht, R. Neal Martin, Douglas Hauer

Coinciding with the end of the current fiscal year, the EB-5 regional center program is set to expire today but will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that will fund the government through December 11 and also temporarily extend the regional center program through that same date.  
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Industry’s Response to EPA Proposed Nano Rule

June 22, 2015 | Alert | By Katy Ward

EPA held a public meeting on June 11, 2015 on EPA’s Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA).
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On April 6, 2015, EPA published a long-awaited Proposed Rule imposing one-time electronic reporting and recordkeeping requirements on manufacturers and processors of certain nanoscale materials under Section 8(a) of the Toxic Substances Control Act (TSCA).
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AB 1103 Update: Postponement of Certain Nonresidential Building Energy Use Disclosure Requirements

September 11, 2014 | Alert | By Dawn Saunders, Gabriel Schnitzler, Brandon Barker

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On Tuesday, in Zoning Board of Appeals of Lunenburg v. Housing Appeals Committee, the Supreme Judicial Court soundly rejected a zoning board of appeals’ argument that inexpensive market-rate homes may be counted toward a town’s affordable housing obligations under Chapter 40B.
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