One crucial distinction when discussing security deposits is whether they pertain to a commercial or residential lease. This distinction is vital because it determines the laws governing these deposits. In New York State, the regulations surrounding commercial lease security deposits are specified under New York State General Obligations Law section 7-103. This law defines security […]
Read more...Website Accessibility Suits Shift to State Courts
Website Accessibility Suits Transition to State Courts There has been a significant increase in website accessibility lawsuits in New York City, specifically in the United States District Courts for the Southern and Eastern Districts. Since 2017, visually impaired individuals have initiated many legal actions against businesses, alleging violations of the Americans with Disabilities Act (ADA). […]
Read more...“Tester” Standing in ADA Cases Still Undecided by Supreme Court
As discussed in a previous blog post, the Supreme Court decided to review a case concerning “tester” standing (Acheson Hotels, LLC v. Laufer). This caused significant anticipation among those concerned with the enforcement of Title III of the Americans with Disabilities Act. However, the October 4th oral arguments raised doubts about whether we would receive […]
Read more...Is Signing a Commercial Lease Electronically Possible?
Is Electronic Signing of Commercial Leases Possible? In today’s commercial lease agreements, it’s quite common to find provisions that permit electronic signatures and the use of platforms like DocuSign. However, it’s essential to note that certain signatures, such as those on a Guaranty, may require notarization. In such cases, the notarized signature is usually provided […]
Read more...SNDA -Essential for NYC Commercial Tenants
Are you leasing commercial property in the heart of New York City? Chances are, your landlord has already or will soon approach you with something called a Subordination, Non-Disturbance, and Attornment Agreement, commonly known as an “SNDA.” While the name might sound complex, its role in shaping the dynamics between tenants, landlords, and lenders is […]
Read more...Does an ADA Tester have standing to sue?
Understanding ADA Tester Standing in Lawsuits The U.S. Supreme Court recently discussed a case related to the Americans with Disabilities Act (ADA). It was about whether a person who checks a business’s website for ADA compliance without planning to visit the business (“a tester”) can legally challenge it if it lacks required disability accessibility information. […]
Read more...Risks for Landlords of Cannabis Dispensaries
Understanding Risks for Landlords of Cannabis Dispensaries Landlords in New York City who knowingly rent commercial spaces to illicit marijuana dispensaries may now be subject to fines, with penalties reaching up to $10,000, following the recent approval of legislation by the City Council. The bill, championed by Lynn Schulman (D-Queens), marks a significant shift in […]
Read more...LLC Transparency Act
The New York State Senate and Assembly have given the green light to the LLC Transparency Act (referred to as the “LLC Act”), which, if Governor Kathy Hochul signs it into law, will bring changes to the New York Limited Liability Company Law. These changes will mandate the disclosure of the individuals who benefit from […]
Read more...Artificial Intelligence in Retail Stores: A Guide
Artificial Intelligence Transforming Retail Stores In the digital realm, online retailers can gather extensive data on every visitor to their virtual stores through artificial intelligence. In contrast, brick-and-mortar retailers have limited means to discern their customers’ preferences, often resulting in missteps. Let’s examine a prominent illustration of this phenomenon: Retailers frequently employ “buy-one-get-one-free” promotions to […]
Read more...Usable vs. Rentable Square Feet in Commercial Leases
Usable and Rentable square feet are terms commonly used in the real estate and commercial leasing industry to describe different office or retail space measurements. These terms help property owners, tenants, and landlords understand how the space is allocated and what they pay for. Here’s the difference between the two: How to measure Office and […]
Read more...