Scott Mollen Regulatory Takings and 'U&O' Requests: This Week In Scott Mollen's Realty Law Digest
Scott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
January 10, 2023 at 01:15 PM
12 minute read
ColumnsCommercial Landlord-Tenant—Government Executive Orders Constituted a "Taking" Under the Terms of the Lease—Retail Tenant "Relieved of Its Obligation To Pay Rent From March 22, 2020 Through June 22, 2020"—Although Landlord "May Be Correct in Arguing That Such Circumstances Did Not Rise to the Level of a Regulatory Taking, the Plain Language of the Parties' Lease Agreement Expands the Definition of a 'Taking' Beyond That Of the Commonly Understood Constitutional Government Taking"
A landlord commenced a commercial nonpayment proceeding, seeking to recover possession of a retail store, based on the tenant's alleged failure to pay rent for the months of April 2020 through June 2020.
The landlord sought a warrant to remove the tenant, a money judgment and attorney fees. The landlord had moved to dismiss the tenant's affirmative defenses and for summary judgment. The tenant cross-moved to dismiss the petition and for summary judgment on its counter claim, as well as for attorney fees and a money judgment in the amount of $96,021.51.
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