CRE Radio & TV Podcast

Howard F. Kline - Blogger, Author, Attorney & Techie

Audio podcasts regarding commercial real estate, news, technology, education, brokerage, leasing, property management, legal, lease negotiations, evictions, rent collections.

  1. 06/28/2020

    How the Coronavirus has Affected Bankruptcy

    With so many businesses shuttered and federal financial relief delayed, employees, tenants, landlords and lenders are trying to work things out and survive until business gets back to usual. But for some, federal relief may come too late and negotiations may not work out as well as we all hope. As part of your arsenal of negotiation and survival tactics it is important to be aware of your rights to seek bankruptcy relief either as a landlord or tenant. Let me be clear. We are not recommending or encouraging anyone to file for bankruptcy protection.But it is good to know what your Plan B might be if things don't go as planned. Atlas has shrugged and it is hard to know for certain what is going to happen and how well your plans will go. That's why my panelists and I are going to educate and inform you on your bankruptcy options. This is the audio only recording of a webinar originally presented on April 16, 2020. The video recording of the webinar which contains additional written material is available on YouTube. To watch the full video replay, click here. The following are some of the topics that we discuss: When and Why You Should Be Thinking About Bankruptcy, Canadian bankruptcy perspective if parties cannot negotiate a deal, Applying security deposit to past due rents and requesting tenant to replenish security deposit. Applying letters of credit during eviction moratoriums CARES Act & Covid-19 changes to the bankruptcy code & Canadian equivalents, Do companies come out of bankruptcy? TENANT PERSPECTIVES US Bankruptcy Chapters Canadian Bankruptcy Law Tenant retention of possession of premises in Chapter Difference between Chapter 11, subchapter 5 and a Chapter 13 Distinction between secured or unsecured creditor Landlord strategies to secure judgment for collection purposes Judgment liens and perfection Landlord issues in the event of a tenant bankruptcy Assumption of Leases Special retail considerations Canadian provisions Lease rejection and corresponding damages Automatic Stay and Relief from the Automatic Stay How do rent moratoriums affect tenant's obligations to pay administrative rent Bankruptcy abuse and In Rem relief for repeated or bad faith bankruptcies Tenant's perspective of a landlord's bankruptcy Retail bankruptcy and how it may differ from other bankruptcies.   My Panelists are: Sara Chenetz,Esq, a bankruptcy lawyer and partner in the US national law firm of Perkins Coie. for more information on Sara, click here. Richard Golubow, Esq. a bankruptcy lawyer and partner in the California law firm of Winthrop Golubow Hollander. For more information on Richard click here Catherine Francis, Esq., a Canadian bankruptcy lawyer and partner in the Canadian law firm of Minden Gross, LLP. for more information on Catherine, click here. My name is Howard F. Kline. I am a general business and real estate attorney with a primary focus on commercial landlord tenant matters, including lease negotiations, rent collections and commercial evictions. I also serve as an arbitrator and mediator focusing on commercial landlord tenant disputes.

    1h 23m
  2. 05/04/2020

    California Coronavirus Eviction Moratorium Review

    My research has confirmed that California Coronavirus eviction moratorium ordinances in the state of California differ by county and even by city within the same county. Some cities and counties have imposed eviction moratoriums only on residential property and others on both commercial and residential. Sometimes, even when the moratorium covers both commercial and residential property, the type of property is handled differently. In some places, the eviction moratorium imposes obligations on the tenant in order to receive the protection of the moratorium and in some places, the landlord is obligated to notify the tenant, in advance of the tenant's moratorium rights. It is confusing. Compounding the confusion are separate court closures and orders not to issue summons in unlawful detainer matters or for the Sheriff not to do lockouts. To top it all off, the orders and moratoriums are changing from week-to-week or even, day-to-day. During this webinar, I will do the best I can to give you up to date eviction moratorium information in many of the California counties and cities and give practical advice on how to protect yourself, whether as a landlord, tenant or property manager. The video of the webinar has additional material that I included after the webinar. To see the video, go to: https://youtu.be/cBiUz_Hu2s0 Also note that during the webinar I was asked a question that I did not entirely answer accurately.  The most correct answer to the question is that California Code of Civil Procedure Section 1951.4 requires reference to and suggests certain language of the code section to be included in the lease in order to sue for rents as the accrue. For more information, link to me on LinkedIn.

    1 hr
  3. 04/15/2020

    Retail Lease Issues in a Coronavirus World

    Time stamped summary of podcast [00:06:52] How will the pandemic affect the short term future of retail negotiations?  [00:13:09] New Covid language and increased due diligence, [00:14:14] Do you think that brick and mortar will continue to shrink? [00:16:42] Will National tenants be closing their weaker stores? [00:17:50] What will be the long term effects? [00:18:32] Is this a good time to push through existing lease negotiations? [00:19:57] Are lease negotiations going to be more complicated with everyone now adding lease language to mitigate a pandemic risk? [00:20:41] Are the relevant lease provisions clear and unambiguous? [00:21:54] Is this a good time to be a retail leasing broker? [00:22:33] What are some of the specific lease clauses that we'll be changing because of this? [00:26:05] Will Insurance companies provide pandemic coverage in the future? [00:26:52] Does Force Majeure apply in most leases? [00:28:45] Should brokers add forced major language to their LOIs or leave this to the attorneys to duke it out? [00:33:28] Are the Eminent Domain or Condemnation Clause applicable? [00:36:56] Co-tenancy provisions may be negotiated differently in the future. [00:38:08] Do landlords want to get rid of good tenants? [00:40:08] How does the panel see the effects on the crowded bar business model, given social distancing and potentially less seating capacity? [00:41:49]  Aren't some restaurant volumes up?  [00:46:53] Will grocery anchored shopping centers recover faster? [00:47:17] How long do you think it will be before commercial real estate gets back to where it was in January 202? [00:49:04] Will there be new categories of retailers as a result of this pandemic? [00:49:34] How will the Coronavirus effect investment sales overall? [00:55:52] How are tenants handling the Coronavirus? [00:57:00] How important is creativity for tenants? What are the tenants doing to help themselves? [01:01:37]  Landlords want as much information as possible in order to make a risk profile. Tenant's should anticipate what information landlords will want. [01:03:16] There are a lot of ways tenants can help themselves out. [01:06:40] How can landlords protect themselves from over aggressive lenders? [01:11:00] Specific Examples of Retail Landlord Reactions. [01:13:48] Examples of Tenant Reactions.

    1h 26m
  4. 01/13/2020

    Creating and Maintaining a Winning Culture in Business

    The following is an edited transcript of my interview with Adam Ifshin, Founder and CEO of DLC Management, a multi-billion dollar retail real estate developer and management company. My name is Howard Kline. I'm the founder and host of CRE Radio and TV since 2010. I've also been a commercial real estate attorney since 1976 and a commercial real estate agent in New York and Nevada, as well as being a broker in California. For today's podcast, I've dipped into the archives for my 2018 interview with Adam Ifshin at the ICSC 2018 RECON Convention. Honestly, after listening to this interview, I feel like hitting myself on the side of the head. This was such a good interview, I have to question my competency in waiting so long to publish it. This was really a personal interview between two men who already like and respect each other. We mix the personal with business, including how to incorporate family into business, creating a culture from the top down. For that, I want you to think of the book from Good to Great, what retail real estate will look like in 2038 and what the current trends are between now and 2038. The topics on this interview are as relevant now as they were in 2018. Howard F Kline [00:01:29] Let me also take this opportunity to tell you a little bit about Adam, because he is not only personable and smart, but he has the experience and credibility of a person that we should listen to. Adam is the founder and CEO of DLC Management, which he founded in 1991. DLC is a billion-dollar company that he founded, that operates retail real estate and is one of the most active acquirers of assets with value added potential. Adam is also a member of the Board of Trustees of the International Council of Shopping Centers and a member of the Executive Board of ICSC, among his many other positions, if you want to know more about Adam. You can go to his website at dlcmgmt.com. Adam Ifshin [00:04:06] When I started DLC, I was the youngest person at DLC. I was 24 1/2. There were only three of us. I was the only person under 50. And for the longest time, I was very often the youngest person until Daniel, my cousin came in 96. Daniel is now our president. At this convention, I actually sent everybody, who came out here, a two page note about what it was like to come here in 1992 when I was completely broke and spent the last of the money I had in my bank account on airfare. Howard F Kline [00:04:47] Let's talk a little bit about that, because people don't understand that everybody starts somewhere. I moved back to New York in 83'. Before I moved back I had been general counsel for Big Supermarkets in San Diego. After moving back, I was unemployed for six months and then I tried to become a broker. It takes a while in New York City to make money. It just doesn't happen overnight. I can remember times, when I lived in Astoria when I would take my change from my change draw to get enough money to take the subway to get to work. I worked in the Helmsley building in Manhattan. There was no doubt that it was a struggle. Adam Ifshin [00:05:33] I grew up in a brokerage family. My father went in the real estate business as a commercial real estate broker. You always knew exactly where you stood. You knew more about your father's bank account when you were eight years old than any dad who did anything else, because it was directly a ratio of what your mother could put on for food on the table. Adam Ifshin [00:06:18] My father was my partner in DLC from the time we founded the company together from scratch to when he passed away in 2016. I spent the first 10 years at DLC trying to make something from nothing and at the same time trying to put some little governor of risk on my father, which took a long time to have any modicum of success. I was much more successful in business than I was putting a governor on risk on him. Adam Ifshin [00:07:13] So many people think about that real estate ownership, redevelopment and development requires taking great risks. That's how you make the money. I'm a huge believer, actually, that a lot of our success has to do with our ability to mitigate risk, not take it. A huge component of what we do is consider the risk associated with the deal and if the probability of getting success really worth it? Adam Ifshin [00:07:44] We went back in the development business in 2011 doing single tenant net leased development. When we did, we put up a whole bunch of rules and guardrails that were self-imposed. We passed on a lot of deals because of those rules. But we said, hey, look, we are just not going to buy on entitled land no matter how cheap it is, no matter how badly the client says they want to be there. We passed on some deals that other people may have made a lot of money. But you know what? We made good money for the level of risk we were comfortable about taking. I think that's one of the myriad of things in this world that people don't really know and understand. I don't sleep much to begin with, but the only chance you have to sleep at night is to figure out where your own personal risk tolerance is. Howard F Kline [00:08:28] Sam Zell, I remember seeing him talking to us during the recession, some time. I can remember him saying, something to the affect that if you're going to invest, you invest enough to know and in such a way so that when things go to hell in a handbasket, you're still around. Adam Ifshin [00:08:49] The way I like to phrase it is, conviction does not necessarily equal, taking acceptable risk. You can have conviction about an investment and still do everything you can possibly do to mitigate the risk associated, that conviction or confidence naturally brings forth. You have to step back. Adam Ifshin [00:09:12] Now, at this point in time in this organization, it's as much about teaching how to do that as it is doing it yourself. We have a lot of young people in the company and I teach frequently. And one of the things I teach to our leasing people our asset management people, often is that we're an unsecured creditor to retailers. That means that it's great to think like a developer and act like a developer, but what you really need to do is to think like an owner and act like an owner and most of all, you need to think like a lender, you need to act like a lender. Just because someone's got some great new sexy concept doesn't mean that you need to do it. Adam Ifshin [00:09:53] We considered one last week in Buffalo, of all places. Phenomenal concept, one step up from fast casual. It was healthy, had dynamite products. But, the store cost a fortune to build. We questioned if we wanted to have them as a tenant. We considered if it is a corporate concept, is there any credit, who's backing the concept? Turns out it's a franchise concept? It's a $250, $300 hour of foot spend. We really had to think about it. This was different than doing a corporate deal for Chipotle, which may not be as sexy and maybe a little cheaper to do, but at least there's some corporate credit there to back you up. Howard F Kline [00:11:15] That's how I learned. Let's take a short break to tell you a little bit more about Howard Kline. I'd like you to consider this shameless promotion. You know, among other things, I've been criticized for not doing and ask. What is an ask? Well, what that means is that I don't tell people what I'm trying to get out of these interviews. Here is my ask. Howard F Kline [00:11:42] I'm a Nevada, real estate agent looking to put together commercial real estate deals, including institutional sales and leases. In addition, as of this publication in January of 2020, I've been doing a deep dive into opportunity zones and looking to educate and advise investors with capital gains, as well as developers and owners with assets located within opportunity zones. As an attorney, I have many years of experience advising businesses how to maximize their assets and revenue as well as mitigate risks. I've also negotiated probably upwards of a thousand commercial real estate leases for both landlords and tenants. So if you're interested, you can hire me as a broker or you can hire me as an attorney. For more information, you can contact me at hfk@hfkesq.com. Howard F Kline [00:13:12] What's it like having your daughter work for you? [00:13:19] It creates a whole another dynamic that you have to learn to manage. Adam Ifshin [00:17:19] There are similarities between running a business and raising children, particularly a business like this where we're so committed to developing young talent in the industry. My kids were all out here before the show. They went and did all the networking events that I do as an ICSC trustee and executive board member. And they pride themselves on having met people, knowing people, even if they're never going to be in the industry, can you ever spend enough time helping your kids be better people? You can't. One of the things that's kind of cool now about where we're at a DLC is we have a dozen to 15 people under the age of 25 in the organization who are not only hard working and already making an impact, but they come in and they want to learn. And one of things that does is that really creates a great culture and it really motivates the more senior people. It also activates the senior people's brains a little bit. Hey, you know, I'm pretty good at this. I have a story to tell. I have wisdom to impart. And it's really working. It's making everybody feel good and it's making everybody do good things. Howard F Kline [00:18:43] That's not all by luck. You realize that, that all happens because of the leadership. Howard F Kline [00:18:57] But I've been around long enough to know that when it starts at the top and you have a good team working, it's hard to keep it that way. Howard F Kline [00:19:07] But you attract people who think the way you want them to think. The tough part, in my opinion, is keeping them and keeping them motivated. Adam I

    42 min
  5. 12/15/2019

    The secret sauce for Successful Affordable Housing in Opportunity Zones

    Howard F. Kline [00:45:54] And you don't need to go into a lot of detail because that is your secret sauce. But you had indicated to me that you take a C building and turn it into maybe a B building vs. B minus versus what other people are talking about, going in to opportunity zones and trying to turn a C building into an A building. What is it that you generally do to and the significance of it in turning a C building into a B minus and then we'll go talk about the over-investment concept that some people are getting into. Daryl Carter [00:46:46] Well, the one of our challenges with affordability is my is frankly the apartment industry. And part of it is that we look at this kind of what I call amenities arms race. Well, let's do marble countertops. Let's do this. Let's do that. When we do a renovation, we can do an incredible job for under $20,000 a unit, sometimes 15, sometimes even $12,000 a unit. Now, we will have in particular a couple of our investors that will look up at the ceiling and they'll say, my God can you get rid of the old popcorn ceiling? One of the fundamentals of our renovations is we look at everything we do in the context of how much rent will our resident have to pay to remove the popcorn ceiling. That's going to be 40 dollars in rent. And what I always tell our investors, look, everybody today can afford a three-hundred-dollar big screen TV. They're looking at their TV. They're not looking at the ceiling. Let it go. People would rather pay 40 dollars less. And that's the same thing. You know, we're very often we rather than remove and put new cabinets, we resurface them and put new hardware on it, new cabinets, probably ten dollars and read our fix is probably two dollars in rent. Daryl Carter [00:48:12] You go from you know, you go across the renovation spectrum, we can make it very, very nice. New appliances, washers and dryers. You know, a nice wood-like synthetic floor. I mean, we can do things that make it nice, make it safe, all those things that have them be enhancements. But we're not going to put the marble countertops. We're going to put LED lighting to lower the electric bill for our residents. We're going to put in more energy efficient plumbing and things like that. Part of what we're doing as an industry where and the kind of renovations I'm talking about, we don't have to push the rents more than 10 or 15 percent if that. Now, some of the renovations where people are put spending 40 and 50 thousand a unit, you know, they're trying to double the rents. And that's where I think we run into this challenge. Daryl Carter [00:49:11] The other thing is that by keeping the rents lower, there's a wider band of residents. And so, again, we try to optimize occupancy and demand. Of our 70 communities, probably half of them have waiting lists because they're nice, but they're also affordable. And we just don't have enough of those in the industry. Part of the affordability challenge is developers that try to take C apartments and make them A apartments. Daryl Carter [00:49:47] There was an industry forum where it was asked, how much will people pay for a yoga studio and their apartment or a cappuccino maker. I challenged this panel and said the question is not how much will people pay, but how much less would they rather pay if you take it all away? People can find their coffee, their Dunkin Donuts at Starbucks everywhere. And if they want to do yoga, they will find that. As apartment owners, we have to get back to basics and provide quality housing without the frill. Howard F. Kline [00:50:25] You had indicated that you've got, I think, 15 current properties or properties that you had acquired prior to January 1st, January 1st, 2018 that are going to be part of your new opportunity zone fund, correct? Daryl Carter [00:50:43] Well, we have we have five that we have identified that makes sense to do that. We're still evaluating on the other 10. Now, some are fully-improved and we can't, you know, add more. We can't put 100 percent in. You know, there are various reasons why others may not work, but we had five that definitely do work and probably another three that we're still evaluating. Howard F. Kline [00:51:11] There's an issue we have. If someone who already owned property, you are an asset within an opportunity zone prior to the effective date of January 1st, 2018. Then the question is how does that owner participate in the benefits of the opportunity zone program? So why didn't you tell us a little bit of how you're dealing with that with regard to your existing properties? Daryl Carter [00:51:43] Well, one are our properties are owned in partnerships with institutional investors and we have an ownership slice of that. And the threshold of that law is 20 percent. If we own more than 25 percent, then we couldn't participate. But if we own less than that, we can be on essentially both sides of the transaction. Howard F. Kline [00:52:24] So that means that if someone already owns property or if they own property in an opportunity zone, say, for 10 years and they owned 100 percent, they can still participate in the project if they divest themselves of anything more than 20 percent. Daryl Carter [00:52:46] I am not a CPA and lots of people that know the rules about better, but I know ours work because we own less than 20 right of the assets we're contributing and will own less than 20 in the new fund that we're creating. Daryl Carter [00:53:28] Our existing investor base is about 50 percent tax exempt and 50 percent taxable. There are pension funds like New York City retirement as an investor, New York Common Fund. And then we have some foundations, Smithsonian, Ford Foundation. So those would not be likely investors and opportunity zones because the maximum benefits they can't use. We believe that opportunity zone investors will look different than many of our existing investors. Now we have some that may be able to participate, but by and large, our existing investor base are both tax exempt and taxable investors, whereas the opportunity zone investors will be those that have sole companies or companies that have capital gains that redeploy. Howard F. Kline [00:54:49] Well, I think part of the point that you had previously explained to me is that on some of the properties you can deliver the promised returns in which case you can exit that property and then the Opportunity Zone Fund can get involved and there'll be different investors in the Opportunity Zone project. So there are going to be numerous and different ways that people will be able to exit existing properties. When I say existing properties or assets acquired prior to the effective date and then take advantage of the opportunity zone projects. Daryl Carter [00:55:32] Well, and the other thing I think it's important to remember that, while a lot of the focus has been on real estate. There are certainly opportunities zone investment can be made and operating businesses and the like. And in fact, as we look at creating our opportunity zone vehicle, we may actually house it in an Opportunity Zone. So that's one of the other things that we're currently evaluating right now. Howard F. Kline [00:56:00] Absolutely. That's one of the things that I think that investing in businesses located and satisfying the requirements of a business in an opportunity zone that's the hidden pot of gold, I think ultimately, I think that's going to be the greatest advantage of this program is moving businesses into the opportunities zones. Howard F. Kline [00:56:30] I had a discussion yesterday and suggested that they could suggest to an owner of a office building that exists and an opportunity zone is saying, listen, there may be advantages of businesses moving into office space in this building that do not exist outside of the opportunity zone. It seems to me that that's a great way to fill up your existing space and building. I don't hear that a lot from people, but I know that if I was representing an owner of a building and an opportunity zone, if it would be an office building, a retail building, an industrial building, flex space, whatever, and I was looking to fill up that space I've got to tell people how to do it and how they can make this pay off for the future tenant and how the future tenant would even raise money to help their business. Daryl Carter [00:57:44] Absolutely. Yeah. It's a key part of it. And again, we tend, because we're in a real estate world, to be focused on it. But there's a whole world of other companies that should look at it, particularly, you know, tech companies and things, you know, because all of a sudden not having to pay taxes on that business for a period of time is a very important thing. Howard F. Kline [00:58:09] The city of Stockton has partnered with a company in the city of San Francisco where that where they are going to be putting in some infrastructure into the opportunity zone in the city of Stockton. And that's a way to finance the infrastructure project and make it make sense for them. And I'm going. Yeah, people are thinking, I love to see it. Daryl Carter [00:58:43] And that's a great thought. Certainly, Stockton has had many challenges. And I think they are now trying to be creative to bring commerce there. Sacramento is a place where we've made a lot of investments and there is an emerging market there of really people exiting the San Francisco Bay area and moving to places like Sacramento and specifically and also looking at Stockton in Modesto, because it's just simply too expensive to operate in the Bay Area. Daryl Carter [00:59:26] I think the opportunity zone could be transformative. My biggest concern is that there are very large companies who are jumping into this. I haven't seen those companies in places that we've historically invested. Many of those companies don't reflect diversity that is reflected in our employee base which looks like our resident base.

    1h 5m

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Audio podcasts regarding commercial real estate, news, technology, education, brokerage, leasing, property management, legal, lease negotiations, evictions, rent collections.