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SURVIVING A LAND USE ILLNESS FROM THE CORONAVIRUS

Neil Andrew Stein, Esquire

Mar 13, 2020

SURVIVING A LAND USE ILLNESS FROM THE CORONAVIRUS

For builders and developers, time is money. A delayed approval or permit could mean higher interest rates, breach of sales agreements,and weather delays, just to name a few potential consequences. So, what if an agency, governing body,or hearing board delays or cancels a meeting due to the Coronavirus? While a brief blip in scheduling may be tolerable and need not result in a possibledeemed approval, a lengthy delay could pose a serious problem to landowner and government ali

Moral dilemmas for local government in 2020

By Neil Andrew Stein, Esquire, Kaplin | Stewart

Feb 7, 2020

Moral dilemmas for local government in 2020

Developers are often cast in the villain role when they appear in a neighborhood with plans to develop or redevelop land for more intensive commercial or residential uses. Local government often must balance the tax windfall that new development may generate against the quality of life impacts upon existing property owners. The torrent of new multi-family housing, without addressing gentrification and the absence of affordable housing, brings this dilemma into sharp focus. Wh

Protecting redevelopment opportunities in retail leases

By Scott C. Butler, Kaplin Stewart

Dec 26, 2019

Protecting redevelopment opportunities in retail leases

National retail tenants normally desire that the site plan of the shopping center not change from what is initially attached as an exhibit to the lease, and that the height of the other buildings not exceed one story in height (and sometime not exceed the height of their premises); however, such a provision will severely limit the ability to reconfigure the shopping center to maintain, keep and create value in the event of future vacancies. In recent years, landlords have bee

Cities begin to impose stricter regulations on landlords; The potential impact on private property r

By Neil A. Stein, Kaplin Stewart

Dec 26, 2019

Cities begin to impose stricter regulations on landlords; The potential impact on private property r

San Francisco and New York City have recently sought to impose tighter regulatory controls on multi-family landlords. These controls will likely cause landlords to incur unforeseen additional costs that will impact the economic value of their investment. The question is whether courts will allow constitutionally protected property rights and investment-backed expectations to be eroded by such regulation. Today, many landlords will not remember when Philadelphia had its own

Kaplin Stewart’s Amy SantaMaria
speaks at National Business Institute seminar

Dec 10, 2019

Kaplin Stewart’s Amy SantaMaria speaks at National Business Institute seminar

CHERRY HILL, NJ — National Business Institute (NBI) hosted Business Law: Top Challenges: Amy SantaMaria, Esquire, a principal and member of Kaplin Stewart’s Commercial Litigation Department spoke at the seminar on November 15, 2019. Attendees learned how to tackle the most difficult business law problems they face today. You commonly face thorny challenges when advising your business clients. In this full-day, comprehensive program, we've gathered the top challenges you face

Calling All DE Corporations: Are You Complying with Delaware Unclaimed Property Reporting?

By Daniel M. Dixon, Esquire, Kaplin | Stewart

Nov 26, 2019

Calling All DE Corporations: Are You Complying with Delaware Unclaimed Property Reporting?

The Delaware Escheator’s chief enforcement tool for companies that don’t comply with Delaware’s Unclaimed Property reporting requirements are “invitation letters.” These letters invite a non-filing company to participate in the Unclaimed Property Voluntary Disclosure Program. Despite the name, these letters are not an invitation at all. Rather, the letter is sent to a company that has been identified by the Escheator as a non-filer. Do not ignore this letter. If it’s ignore

Yes, YOU Need Title Insurance

By William J. Levant, Kaplin|Stewart

Oct 1, 2019

Yes, YOU Need Title Insurance

Title insurance is the only kind of insurance coverage where – if the closing is done properly – the incidence of valid claims can be reduced to almost zero. It’s also inexpensive, and should be part of every real estate sale. Your homeowner’s carrier can’t make you less clumsy, or your all-wood house less flammable. Your automobile carrier can’t make you a better driver (though those plug-in gadgets that monitor your driving habits try to). Your life insurer can’t extend

Stein of Kaplin Stewart Meloff & Stein, P.C. completes two speaking engagements

Dixon joins firm as a principal & a member of

May 16, 2019

Stein of Kaplin Stewart Meloff & Stein, P.C. completes two speaking engagements

BLUE BELL, PA — Neil Andrew Stein, Esquire, a co-founder and principal of the regional law firm of Kaplin Stewart Meloff & Stein, P.C. (Kaplin Stewart)in Blue Bell, PA and Cherry Hill, NJ, recently completed two speaking engagements. Stein represents real estate owners and developers in land use, transactional, financing and real estate litigation matters. Stein participated as a moderator and speaker at the 2nd Annual PA Office and Industrial Development Conference, present

The Tax Man Will (Continue To) Cometh

By Neil Andrew Stein, Esquire

May 2, 2019

The Tax Man Will (Continue To) Cometh

Property taxes imposed by local governments and school districts can be a serious burden on every type of property, including income-producing properties such as shopping centers, apartment complexes, and office buildings. The burden has become even greater due to the “reverse” assessment appeals that have become a popular income generating strategy for municipalities and school districts. Although the Pennsylvania Supreme Court took a scalpel to the reverse appeal process in

Rainy Days, Mondays and Recessions

By Neil Andrew Stein, Esquire, Kaplin Stewart

Feb 1, 2019

Rainy Days, Mondays and Recessions

Mark Twain was fond of saying that everyone complains about the weather, but no one does anything about it. The same could be true of recessions, particularly in the real estate world. Since I make my living in the world of real estate transactions, litigation and land use, I try to keep informed about the economy generally and the commercial real estate industry specifically. That is, I like to stay ahead of the curve. We all know that recessions are like malaria; they retur

An old foe creates a potentially toxic relationship

By Neil Andrew Stein, Esquire, Kaplin Stewart

Aug 2, 2018

An old foe creates a potentially toxic relationship

After 30 years of representing developers and all manner of real estate owners and uses, I have seen environmental issues evolve from deal killer to merely an afterthought. Those concerns and doubts of the past have given way to the innocent purchaser rule and Act 2. Such issues are also no longer daunting to lenders, now statutorily protected from post-foreclosure liability. Unfortunately, that may all change. On July 16, 2018, before the Third Circuit Court of Appeals, th

Super Lawyers select seven Kaplin | Stewart Meloff Reiter & Stein, P.C. attorneys

Rising Stars for 2018 are Kubisiak for Business

Jul 6, 2018

Super Lawyers select seven Kaplin | Stewart Meloff Reiter & Stein, P.C. attorneys

BLUE BELL AND PHILADELPHIA, PA, AND CHERRY HILL, NJ— Kaplin Stewart Meloff Reiter & Stein, P.C., with offices in Blue Bell and Philadelphia, PA, and Cherry Hill, NJ, announced that seven of their attorneys were selected as 2018 Super Lawyers. Pennsylvania Super Lawyers are Gregg I. Adelman for Land Use/Zoning, Scott C. Butler for Real Estate, Andrew B. Cohn for Construction Litigation, Marc B. Kaplin for Land Use/Zoning, Robert A. Korn for Construction Litigation and Willi

A Tale of Two Cities Solving the Affordable Housing Problem

By Neil Stein, Kaplin | Stewart

Jun 26, 2018

A Tale of Two Cities Solving the Affordable Housing Problem

No Charles Dickens here, just the opinions of a land use lawyer with opinions about how best to solve an affordable housing shortage. Start by comparing Seattle and Vancouver, close neighbors in different countries. Most of the newly constructed housing in Seattle is of the “luxury” rental type. In Vancouver, for-sale condominiums dominate the market. Why? Canada carefully manipulates housing affordability, principally by eliminating certain tax advantages which make apartmen

“The Reports of My Death are Greatly Exaggerated…

By Jeffrey L. Silberman, Esquire, Kaplin Stewart

May 14, 2018

“The Reports of My Death are Greatly Exaggerated…

Several quotes come to mind when summing up the current state of the retail business – “bend but don’t break”, “down but not out” and “The Reports of My Death are Greatly Exaggerated”. Despite the widely held panic that Amazon and its online comrades have sounded the death knell for the traditional shopping center, the current reality is that retail is very much alive, albeit different and evolving. I have spoken to dozens of brokers and developers, and I personally represen

2017: A dream year for the
commercial real estate industry

By Neil Andrew Stein, Esquire, Kaplin Stewart

Jan 3, 2018

2017: A dream year for the commercial real estate industry

In many respects, 2017 was a dream year for the real estate industry. Whether the game was new development or redevelopment, new markets and opportunities presented themselves to those willing to plunge headfirst into the fray. Unquestionably, the pain brought on by the global financial crisis is a distant memory. The ready availability of debt aand equity, has helped real estate transaction volume to rebound, but with a mix of caution and restraint. Overall, there is a sense

Barry A. Furman, Esquire, Kaplin Stewart: Compromising an SBA loan

Jul 18, 2017

Barry A. Furman, Esquire, Kaplin Stewart: Compromising an SBA loan

Businesses and individuals who are unable to pay a Small Business Administration (“SBA”) loan may be able to pay less than the full amount of the indebtedness in settlement of the Borrower’s obligation. This is referred to as an offer in compromise (“OIC”). An OIC that is approved by the SBA is final and conclusive on the Borrower, the SBA and the bank that made the loan (“Lender”). The circumstances under which the SBA will approve an OIC, however, are narrow and the rules f

Real Estate Lawyers Face An Uncertain Future

Neil A. Stein, Esq., Kaplin Stewart

Dec 22, 2016

Real Estate Lawyers Face An Uncertain Future

When I think about where the real estate legal market is headed, I conjure up the lyrics from The Who’s song, "Won't Get Fooled Again." Yes, indeed, the Presidential election has taught us that anything is possible and that perhaps, a new revolution may be on the way. Or, could it be “meet the new boss, same as the old boss.” Certain commercial real estate is back for now. Developers are developing again and buyers and sellers are doing deals. Even lenders (at least some) hav

Big victory in property rights case sends
message to Pennsylvania Municipalities

June Singh, Kaplin Stewart

Apr 27, 2016

Big victory in property rights case sends message to Pennsylvania Municipalities

A recent Commonwealth Court decision reaffirmed the principle that municipalities must act in good faith when processing land development applications. Property rights are protected by the Pennsylvania Constitution. Our state courts have long held that property rights are natural, inherent rights than cannot be infringed upon. But for many developers going through the municipal review process in Pennsylvania, it can seem like those rights are subject to the whims and desires

A “new” form of entity for Pennsylvania real estate transactions?

Matthew A. Cosenza

Sep 1, 2015

A “new” form of entity for Pennsylvania real estate transactions?

In Pennsylvania, the limited liability company has been in existence for over 20 years. A limited liability company is simple and relatively inexpensive to form, does not require the demanding procedural upkeep of a corporation, is very flexible in allowing its members to structure it to meet their specific needs, shields all of its members from personal liability, and can receive the same tax treatment as a partnership or Subchapter S corporation. Most owners of real estat

Kaplin Stewart’s attorneys to present at PBI’s conference

Jul 30, 2015

Kaplin Stewart’s attorneys to present at PBI’s conference

PHILADELPHIA, PA — Kaplin Stewart Meloff Reiter & Stein, PC attorneys Maury Reiter, Barbara Anisko and Pamela Tobin to present at PBI’s “A Day on Real Estate” Philadelphia, August 5, 2015. Catch up on new developments and gather fresh perspectives on a variety of issues. Recent cases, legislation and practice trends, tips and strategies for varied legal issues you need to know. #kaplinstewart #mauryreiter #barbaraanisko #pamelatobin

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