News & Publications

"Build-to-Rent" (B2R) product, meaning the construction of homes in a defined community intended to be leased, as opposed to sold, has become a more frequent sub-product within master planned communities. B2R product is similar to a typical multi-family apartment complex in that a single development owner constructs, owns, operates and maintains multiple dwellings which are then leased to residents. Once the project has been developed and leased, the development owner often looks to sell the [...]

Owners of New York City apartment buildings should take notice of the new Tenant Data Privacy Act (the TDPA). The TDPA will regulate the collection, use, safeguarding, and retention of tenant data by owners of "smart access" residential buildings. The new law was enacted on May 30, 2021, and will become effective at the end of June 2021. Owners of New York City residential buildings will have until January 1, 2023, to come into compliance. [...]

You are entering a major construction contract. You want to make sure you avoid a big damages claim to the extent you can. One of the typical contract clauses that comes to mind is one for a mutual waiver of consequential damages. You get it included in your contract and you breathe a sigh of relief: I've got that one covered. But, ... do you? Does your mutual waiver of consequential damages have holes in [...]