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Author: Andrew Levine

The Best Baseball Player of All Time: Shohei “Showtime” Ohtani Involved in Another Scandal

You may have read about what is perhaps the second largest gambling scandal in baseball involving Shohei Ohtani and his translator to the tune of $4.5 million (the most well known being Pete Rose and it cost him entry into the Hall of Fame despite holding the most hits in baseball).

This post is not about that; instead, something more infuriating took place on Wednesday night April 3 when Ohtani hit his first home run as a Dodger after signing a $700 million deal in the offseason. This is no small thing as this specific home run and the ball in question was off the bat of arguably both the greatest hitter and pitcher of all time embodied in one human being. Reports put the ball at an estimated value of $100,000. The longtime Dodgers fan who received the ball, however, walked away with two signed hats and a signed bat and ball. Nice for sure but certainly not a fair exchange.

The story gets worse: the fan was strong armed into accepting this relative pittance of a payout as the team refused to authenticate the ball (making it worthless) if she refused the terms. The translator for Ohtani (a new one as the previous one is in deep shit for his shenanigans) said that Ohtani “talked to” and “met” with the fan. The problem is that didn’t happen (and it makes you ponder both the quality of the translating or perhaps Ohtani’s tendencies for prevarication). It’s also worth noting that the Dodgers organization is worth an estimated $5.45 billion and Ohtani too isn’t hurting for cash.

Every fan who attends any baseball game agrees often unbeknownst to them an “adhesion” contract. Specifically, somewhere on the back of every ticket there is fine print that says “the ticketholder assumes all risk, danger and injury incidental to the game of baseball” such as foul ball or broken bat. And that’s fine and fans should and most know that but, at the same time, a ticketholder of a baseball game is purchasing a number of entitlements as well (namely, the right to sit at an assigned seat, to watch the game without interference and the to keep balls hit into the stands). This last right is an implicit part of the contract stemming from a longstanding practice in baseball dating back to the 1920s. And this isn’t true in all sports—you ever see a fan hold onto a basketball at a professional game?

Sure, this ball is a keepsake for Ohtani and certainly the fan could have kept the ball and deprived him of memorabilia marking the milestone but she did the “right” thing assuming no doubt that there would be a fair exchange. There was not. And for that, shame on the Dodgers and shame on Ohtani!

Sources:
MSN. (n.d.). https://www.msn.com/en-us/sports/mlb/chris-russo-blasts-dodgers-and-shohei-ohtani-for-treatment-of-fan-who-caught-home-run-ball/ar-BB1l9pQV

Fan who caught Shohei Ohtani’s first Dodgers home run says she didn’t even get to meet superstar - CBSSports.com. (2024, April 5). CBSSports.com. https://www.cbssports.com/mlb/news/fan-who-caught-shohei-ohtanis-first-dodgers-home-run-says-she-didnt-even-get-to-meet-superstar/

(2023, October 12). Who is Liable if I am Hit by a Foul Ball at a Major League Baseball Game? Rand Spear the Accident Lawyer.
https://www.randspear.com/blog/who-is-liable-if-i-am-hit-by-a-foul-ball-at-a-major-league-baseball-game/#The%20Baseball%20Rule%20&%20Liability
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Good Cause Eviction May Be Coming to NYC – What Does That Mean?

The NY state budget deadline is upon us and there are whispers and leaks that lawmakers are close on passing good cause eviction—a euphemism for regulating rent increases for free market apartments. If it does pass, what does it mean for the real estate community and housing market? A few of my thoughts below:

  • Cap on free market rents: Increases to rents for free market apartments are likely to be capped at the lesser of: i) 10% per year and ii) 5% plus CPI. This mirrors the law in California which is more onerous on landlords than NJ where “unconscionable” increases are prohibited. The meaning of that isn’t entirely unclear but it’s certainly more favorable to landlords than what is currently being proposed.  
  • The return of 421-a: A version of 421-a is likely to pass as well as it would be incredulous to think that more moderate lawmakers would accept good cause eviction without 421-a. This may be a Pyrrhic victory for developers and tantamount to a defeat as good cause eviction may take more than 421-a gives.
  • Unrenovated apartments trapped: Landlords with free market units that are below market rate (i.e., undermanaged, unrenovated) may be trapped at rents well below fair market value. The unrenovated four bedroom apartment worth $4,000, if renovated, but only charging $2,000 may be stuck with annual increases off the $2,000. You snooze (on renovations), you lose so says Albany.
  • The new rental caps may be optional: A recent NY Post article suggests landlords would “not technically be barred from raising rents” above the level described above, but they could be dragged into court if they do. That’s like saying you can rob a bank and steal from the blind, but you may be dragged into court if you do. Ok, maybe not quite but it’s either legal to increase above these levels or it isn’t.  Or are these caps merely suggested guidelines owners should abide by and if you don’t you are being naughty.
  • Arrival of universal rent control: NYC landlords would have to abide by both the rent stabilization rules for those units that are rent stabilized (DHCR filings and annual rental increases determined by the Rent Guidelines Board), as well as this new regime for free market apartments (i.e., the lesser of 10% and 5% plus CPI). Will this require more paperwork for landlords similar to DHCR filings, penalties if you overcharge, etc.?
  • Tying 421-a with good cause eviction may have unintended consequences: 421-a tethered to good cause eviction may not satisfy developers nor prompt new housing developments as legislators are intending. You can fool the voters with linguistic dexterity but not bulge bracket banks that will see good cause eviction for what it is: universal rent control. In other words, any new project would be 100% regulated albeit under separate legislative regimes and this will no doubt impact borrowers’ cost of capital for new construction projects.
  • Lawsuits anyone: No doubt lawyers for landlord groups will call this an unconstitutional “taking” and take their cases through the judicial system and perhaps all the way to the Supreme Court.  But California already has a similar good cause eviction law and I imagine landlords would ultimately be on the losing side of this battle.

I love an experiment as much as the next guy but this would be a bold new frontier for New York City that is likely to have implications far and wide: some foreseeable and others less so. Buckle up as this could be one hell of a ride for NYC’s housing market and no stakeholder will be spared.   

Source:
Golden, V. (2024, April 8). Kathy Hochul gets on board with key parts of NY “Good Cause” rent-control bill as state budget housing deal nears. New York Post. https://nypost.com/2024/04/08/us-news/kathy-hochul-gets-on-board-with-key-parts-of-ny-good-cause-rent-control-bill-as-state-budget-housing-deal-nears/
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When a Commercial Real Estate Icon like Stephen Siegel Speaks, Best to Listen

Two weeks ago, I had the good fortune of attending NYU’s “the Icons of the Industry” event featuring Bob Knakal and CBRE’s Global Chairman of Brokerage, Stephen Siegel, and I figured I would share a few takeaways from the evening. 

The always stellar and dapper Bob Knakal impressed with an overview of NYC’s commercial real estate market and, with usual fluency, he reported on key metrics relating to sales volume. In short, the numbers are comparatively bad and well off the peak and the best that could be mustered was that we all “stay alive until ‘25” and pray that we aren’t “taking our licks until ’26.” It’s always cause for concern when one of the best in the industry has taken to peppering his presentations with poems and partial haikus on the state of the market.

Conspicuously missing from Knakal’s name tag was a brokerage affiliation and the evening lacked any great big reveal on his part. Turns out Bob Knakal remains unaffiliated (at least publicly) with any new brokerage he is calling home. I have some thoughts on that but will save it for another post.

In times like these, Knakal highlighted two asset classes he pays particularly close attention to: hotels and development sites as they give you both a real time read on current and future market sentiment. And this is true as hotel room rates are essentially one-day leases that fluctuate in real time reflecting market demand while development sites provide insight into developer outlook on the rental and condo market two to three years out.

JLL’s Jillian Mariutti provided a similar overview of the debt markets and was equally impressive as the other titans in the room. No doubt we will be hearing much more of Jillian in the years ahead and her pivot from derivatives trading—as Knakal described her previous work experience—to arranging and structuring real estate capital for some of the biggest owners, investors and developers in the market is a gift to the CRE industry.

The remainder of the evening involved Stephen Siegel waxing nostalgic about his rise from humble beginnings to the highest echelons of NYC’s commercial real estate industry. The conversation included a trip down memory lane (involving his run-ins with one of the great actors of all time Paul Newman who, it turns out, stood a mere 5’ 8” and had baby blues as impressive as Frank Sinatra and Siegel’s father as the icon retells it) and references to the offices he opened, the companies he acquired and his favorite deals, which, among others, included his involvement in the purchase and sale of 1290 Avenue of the Americas (twice).

Siegel also noted that the rapid rise in interest rates over the last two years will no doubt create winners and losers. The intergenerational families who fully own their assets (or enjoy a very low basis) are largely safe with capable offspring well positioned to extend their dynasties decades into the future. Less fortunate with questionable longevity are those relative newcomers who deployed capital at a time when interest rates were at historical lows and are now or soon will be required to re-finance at much higher rates while being burdened with lower valuations.

Perhaps the most memorable takeaway was Siegel’s response to a question about what asset class he would be buying in today’s market—the equivalent of a stock tip from Warren Buffet. The answer: Class B office space for $300-$400 per SF but not for conversion to residential as many may have expected but to keep as office space. This asset class, as Siegel notes, is trading at less than half of what it was before the pandemic. And Siegel believes that more tenants will return to the office over time, rents will increase and that these newly upgraded spaces will serve as viable alternatives at a 30% discount to Class A space. I tend to agree with his thesis and contrarian view but such acquisitions are capital intensive and not for the faint of heart.

 

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Renowned Developer Gary Barnett in Cross Hairs of Tenant Advocacy Group and Non-Profit

Gary Barnett is no stranger to controversy, and it will take a lot more than a litigious tenant backed by sympathetic advocacy groups to beat this guy in a proverbial street fight.

The Backstory Leading to Litigation

The facts are relatively straightforward: starting in 2014, Barnett assembled several properties on the UES with the aim of building a 22-story, 459-unit mixed-use tower. Greg Marshall—a holdout rent stabilized tenant in one of the buildings—refused to leave arguing he is entitled to an automatic lease renewal. Barnett countered that he could remove tenants when demolishing a building.  And he’s correct: the rent laws allow landlords to deny lease renewals to stabilized tenants if they have legitimate plans to raze a building. In 2022, the Appellate Division unanimously agreed.

Barnett Victory at a Cost

Nonetheless, Barnett has a bit of a public relations nightmare on his hands. Groups supporting Marhsall have launched a $200,000 campaign against him, including the launch of a website at www.blamegaryforit.com that labels Barnett “the architect of the housing crisis.” A bold and misdirected claim that is patently farcical. The cause of NYC’s housing failure is institutional and systemic, goes back decades and cannot be accredited to any one person.

One of these group’s leaders claimed Barnett “harassed and did everything he could to get every other tenant out of that building.” A dubious remark at best and defamatory at worst. Harassment claims are taken seriously by DHCR and perhaps more so when the alleged perpetrator is none other than Gary Barnett—a NYC developer with more than 25 million sq. ft. of past and future development projects under his belt, including the iconic supertall tower One57 (a reference to the 57th Street Billionaire’s Row where it stands).

Going Forward, Will Developers Employ Barnett’s Strategy

One possible outcome of this kerfuffle could be more attempts by developers to vacate rent stabilized buildings by filing permits and plans to demolish existing buildings. But is that such a bad thing if the new projects result in NYC having more total and affordable units? According to The Real Deal, housing attorney, Sherwin Belkin, said he has seen “some increased interest” by developers in employing Barnett’s strategy. Another outcome of course is more legislation from Albany making it more challenging for developers to clear out tenants. In fact, one state Senator Liz Krueger already has already proposed legislation making it tougher to remove tenants.

Will Legislators Step Up on Housing Reform or Punish Developers and NYC Residents

The son of a Talmudic scholar and self-described “poor boy from the Lower East Side,” Barnett couldn’t be more right on this issue. He followed the letter of the law and has a court case ruling to prove it. The real culprit behind NYC’s housing crisis is decades of ill-conceived and failed policies emanating from Albany. Villainizing developers is easy, legislating is difficult but failing to do so is unforgiveable. How about legislation that creates much needed housing without punishing the developers who build it?

Website Source:
Cifuentes, K. (2024, January 30). “Blame Gary”: Holdout tenant targets Extell’s Barnett with $200K campaign. The Real Deal. https://therealdeal.com/new-york/2024/01/30/gary-barnetts-holdout-will-not-fold/

Clarke, & Taylor. (2019, January 17). The Man Behind Billionaires’ Row Battles to Sell the World’s Tallest Condo. The Wall Street Journal. Retrieved February 6, 2024, from https://www.wsj.com/articles/the-man-behind-billionaires-row-battles-to-sell-the-worlds-tallest-condo-11547739897

DHCR Fact Sheet Link:
https://hcr.ny.gov/system/files/documents/2023/11/fact-sheet-11-11-2023.pdf
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Say It Isn’t So…A Landlord Friendly Legislative Proposal Coming Out of Albany

They say good things come to those who wait and perhaps the wait is over for NYC landlords and tenants.

Much of this blog has focused on the ineptitude, incompetence and questionable motives of NY State’s legislators when it comes to housing policy. And the criticism has no doubt been well deserved. It turns out, however, that there is reason for hope with the under-the-radar proposal introduced last year, clumsily referred to as the “Local Regulated Housing Restoration Adjustment.” Though just in the initial stages of the arduous path to becoming law, this measure has been described as a rent reset for vacant rent-stabilized apartments.

To refresh, current law requires rent stabilized units to remain at the legal rent upon tenant turnover. The only permitted rental Increases for rent stabilized apartments are set annually by the city’s Rent Guidelines Board (often less than 3% per year). The new proposal would allow a rental reset for those units that become vacant after being continuously occupied for ten (10) or more years and after being renovated. The new legal regulated rent would be the amount agreed to by the owner and that first new tenant.

The proposal, if passed, would be a meaningful step in the right direction. First, it would reset rents that are often so far below market that owners currently are better off leaving the apartments vacant. This should reverse the current trend undertaken by landlords of “warehousing” rent stabilized apartments once they become vacant. Second, the law would incentivize owners to renovate units that, in some cases, haven’t been renovated for a decade or longer and have fallen into disrepair.

In many ways, this proposal isn’t dissimilar to what happens when a rent controlled tenant vacates a unit and the unit becomes rent stabilized with the new tenant paying what is often referred to as a “first rent.” The rent tends to be at a market rate level though technically the apartment remains rent stabilized. So, the reset in rents would result in a sizeable increase from where it was but then settle back into a 1%-3% annual increase thereafter as governed by the Rent Guidelines Board.

This law, if enacted, would be one of the first compromises between landlords and rent stabilized tenants in quite some time where both sides benefit from the outcome. Can this possibly be in the words of Humphrey Bogart “the beginning of a beautiful friendship” among tenant advocacy groups, landlords and legislators in Albany? I am not so sure but it would be a good start. 

Website Source:
Rebong, K. (2024, January 11). The Daily Dirt: Lesser-known housing bills to watch. The Real Deal. https://therealdeal.com/new-york/2024/01/11/new-york-housing-bills-to-watch-in-2024-the-daily-dirt/
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