News & Publications

Over the past couple of months, there have been two important developments that could affect a lender's decision whether to finance real estate transactions involving entities and individuals in the healthcare field. Advisory Opinion No. 19-05 (Purchasing Real Estate from an Excluded Party) In September 2019, the Department of Health and Human Services Office of Inspector General ("HHS OIG" or "OIG") issued an advisory opinion regarding the proposed purchase of real estate from a company [...]

The commercial lease agreement between The St. Luke’s Hospital Center, as landlord, and WestSide Radiology Associates, as tenant, prohibited WestSide from assigning the lease without St. Luke's prior written consent. The lease rider defined an assignment as a transfer of a “Controlling Interest,” meaning “more than a fifty percent (50%) interest in the [stock of the corporate tenant]” or “the ability to control the decisions or affairs of the [corporate tenant].” And the lease required [...]

A Statewide Rent Control Measure, New Procedural Protections, Significant Steps Forward for Accessory Dwelling Units, Surplus Land Amendments and Regional Funding Authorities Are Among the Highlights Highlights The biggest news out of Sacramento in housing law is a historic measure providing statewide rent control and "just cause" eviction requirements for California renters. For advocates of increased housing production, the most significant effort enacted into law is the "Housing Crisis Act," which creates important new vesting [...]