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Common Commercial Real Estate Disputes to be Aware of in 2023

by Taylor Williams

By Dylan Newton and Michael Horn of Archer Law Interest rates are increasing at their fastest pace in more than 40 years, and the country sits on the brink of a recession. Economic experts predict that the recent turmoil that began with record inflation coming out of the COVID-19 pandemic will create the perfect landscape for commercial real estate fraud and property disputes. In fact, the number of lawsuits filed involving property disputes and fraud is expected to increase by nearly 20 percent in the coming months. And with rate hikes, inflation and slowed economic growth projected in 2023, commercial property owners and investors must brace for a flood of litigation. In addition, rising interest rates have also made obtaining financing more difficult than ever, adding an extra level of complexity in resolving disputes over deals that require heavy financing. Below are a few common disputes that real estate stakeholders should be aware of as a result of recent economic sluggishness, as well as potential solutions to help protect investors. Breach of Contracts Soaring interest rates have caused countless would-be buyers to suddenly get “cold feet” and back out of deals. This phenomenon has been compounded by valuation swings in …

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FeaturesMultifamily

Rent Control Measures High on Priority List for State Legislatures in 2023

by Jeff Shaw

WASHINGTON, D.C. — In 2022, local and state legislatures across the country raised the issue of rent control to address the high cost of living and the ongoing affordable housing crisis. Some municipalities enacted rent control measures or expanded on those already in place, while the efforts of others were shot down by city councils and state law. Rent control measures are regulations enacted by state or local governments that place a limit on the amount a landlord can charge to lease a home or increase rent upon the renewal of a lease. Rent control regulations are legally binding once signed by a governor or passed through a referendum. The intent of rent control is to keep living costs affordable for renters, particularly those who are earning lower incomes. However, the official position of the National Multifamily Housing Council (NMHC) as well as the National Apartment Association (NAA) is that rent control exacerbates housing shortages, causes existing buildings to deteriorate and disproportionately benefits higher-income households. The NMHC and NAA, both based in Washington, D.C., have stated that they are in favor of alternative methods, such as voucher-based rental assistance, to address affordable housing shortages. Rent Control Efforts Gain Traction Though …

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FeaturesRetail

Closer to Consumers: Retailers Outline Their 2022 Successes, Strategy for 2023 in JLL Webinar

by Jeff Shaw

Though there has been no paucity of retail success even amidst current economic headwinds, participants in JLL’s recent webinar — “The Retail Reset: All Eyes on Retailers” — were clear: That success has been hard-earned. David Krueger, senior vice president of growth and development with Ulta Beauty Inc., distilled this sentiment into a few words during the webinar while discussing the company’s momentum going into 2023, saying that it “was not easy” and “is not going to get any easier for a while.” Retail growth in the face of a potentially recessionary environment, elevated costs to build and fierce competition for space is about getting closer to consumers — both literally and conceptually. Other participants from the retail sector included Jerald Estime, vice president of Americas Real Estate with Levi Strauss & Co.; Steve Rouman, senior vice president of real estate at RH; and Clary Groen, vice president of real estate for The Lovesac Co. Hosted by Naveen Jaggi and David Zoba of JLL, the webinar also featured presentations from Ryan Severino, chief economist of JLL, and Dana Telsey of Telsey Advisory Group, a research, trading, banking and consulting brokerage firm. Slowing, Not Collapsing No one can deny the strain …

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Features

Macroeconomic Issues Could Slow Multifamily Rental Demand in 2023, While Also Creating New Opportunities

by Taylor Williams

By John Foresi, CEO of Venterra Realty As we think about the macroeconomic backdrop and how it will affect operations and the multifamily industry more broadly, it becomes increasingly clear that a recession is pretty much unavoidable. The risk of a debt crisis has not gone away, and the ratio of global debt-to-gross domestic product (GDP) now stands at an astronomically high level of 352 percent, according to the Institute of International Finance. Notably, today’s investor and consumer sentiments are quite different than when the market was stronger. The risk became greater in the post-Global Financial Crisis era, but what we saw over the decade that followed was central banks around the world failing to hit their inflation targets, while interest rates were kept low as they continued trying to kickstart inflation. This scenario never quite materialized, but it did incentivize increased debt levels. The problem now is that inflation is high enough such that debt is being treated very differently, and the risk has taken center stage. Net interest paid by the U.S. government, in absolute dollars, is already 20 percent above pre-pandemic highs, according to the U.S. Department of Treasury. That is before the higher rates we see …

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InterFace Panel: Capital Partners Expect Higher Returns on Multifamily Deals

by Taylor Williams

Against increasingly turbulent macroeconomic conditions, capital sources in both the debt and equity markets are being pickier about which multifamily deals they finance or invest in, with higher required rates of return (RRR) emerging as the symbol of this newfound selectivity. The macroeconomic deck is indeed stacked against capital sources. Borrowing costs have quintupled over the last eight months as the Federal Reserve has waged war on inflation, rattling off seven rate hikes for an aggregate increase of 425 basis points. Prices of key construction materials continue to fluctuate wildly as labor issues, both domestic and abroad, continue to entangle global supply chains. But lenders and investors can only sit on the sidelines for so long. To hedge their bets against market conditions beyond their control, many capital sources in the multifamily space are only giving serious consideration to deals and projects in which the path to a certain rate of return — or exit cap rate — is clear and plausible. The movement in RRR that multifamily owners and developers are facing from their capital partners formed a core part of the discussion at the 13th annual InterFace Multifamily Southeast conference. Hosted by Atlanta-based France Media, the event took …

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Freddie Mac Opens Its Doors to More Types of Multifamily Borrowers

by Sarah Daniels

By Allison Herrera, Walker & Dunlop Effective Dec. 15, 2022, Freddie Mac began accepting ownership of two- to four-unit properties — aka duplexes, triplexes or quadplexes — as relevant experience for all loans in its Optigo® Small Balance Loans (SBL) program. Previously, Freddie Mac defined multifamily experience as controlling ownership of a property with at least five units or more and excluded two- to four-unit properties. By expanding its borrower experience definition, Freddie’s SBL program increases opportunities for investors who focus on small multifamily housing to grow their portfolios by accessing financing outside of banks. What Qualifies as Experience? Here’s what you should know. Freddie Mac expanded their definition of multifamily experience to include borrowers who have a portfolio of two- to four-unit properties that meet the following criteria: The borrower must own at least 10 units total The borrower must have owned each property for at least two years The borrower must have a controlling interest in all 10 units The 10 units do not need to be contiguous or located in the same county The new requirements provide investors access to agency debt when beginning to invest in larger properties, such as those with five to 50 units, …

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Economic Headwinds Slow Post-Pandemic Recovery for Select-Service Hotels

by Sarah Daniels

For a little more than a year now, Americans have gone on a collective road trip, making up for time stolen during the lockdowns. In turn, that has fueled a rebound in the hotel industry, which was decimated in 2020 and much of 2021. Revenue per available room (RevPAR), a key measure of hotel profitability, is expected to end 2022 at an average of $93, up nearly 8 percent versus 2019, according to a hotel forecast update in late November by STR, a hospitality research organization based in Hendersonville, Kentucky. Meanwhile, the projected average occupancy of 62.7 percent will mark an increase of 5.1 percentage points over 2021, and the estimated average daily rate (ADR) of $148 will best last year’s number by $23, STR reports. Select service lodging properties in particular are helping to lead the recovery, says Steven J. Martens, chairman of NAI Martens, a Wichita-based commercial real estate brokerage that is one of five brands under the Martens Companies umbrella. “The majority of the midscale and upper midscale assets are very dependent upon leisure travel, and they are seeing a rebound throughout the country,” he adds. “Most good operators with strong hotel brands have seen very healthy …

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FeaturesMultifamily

Average Asking Rent for Multifamily Drops $9 Nationally in November, Largest One-Month Decline in a Decade, Says Yardi Matrix

by Jeff Shaw

SANTA BARBARA, CALIF. — Following a year of unprecedented performance, the anticipated slowdown in the U.S. multifamily market arrived in November, according to the latest Yardi Matrix National Multifamily Report. The average asking rent in the U.S. fell $9 during the month to $1,719, while year-over-year growth dropped to 7 percent, the lowest level in 17 months. The decreases are attributed to economic headwinds and deteriorating demand. The $9 rollback was the largest one-month decline in rents in over a decade. The deterioration in rents and slowdown of year-over-year performance were expected. Rent increases have exceeded normal growth patterns for nearly two years. Average asking rents increased by 22 percent nationally between January 2021 and October 2022. According to the report, this growth would be unsustainable even under optimal conditions. “With the economy softening, demand for units slowing and rising interest rates creating headwinds for housing, multifamily asking rent growth finally took a turn downward in November,” states the report. “The decades-high inflation rate has left household balance sheets in a weaker position than a year ago, while economic growth is slowing as the Federal Reserve raises interest rates.” Though rent growth has decreased in many metros during the fourth …

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Retail Development Program Lessons Apply Across Property Types

by Sarah Daniels

Retail development programs have allowed retailers to streamline their goals by creating prototype models based on site particulars. This process saves developers and retailers money as they can be flexible in choosing models that work for each site without needing to alter layouts and features too much between builds. But what makes for successful prototypes and program standards? Can this approach work outside of the retail world? “The lessons of retail programs can apply across property types in this sense: land development consultants and site designers can learn how specific clients need their set of standards and guidelines implemented. It’s essential to thoroughly understand a program client’s procedures, and we’re expected to know these parameters inside and out,” says Steven T. Fortunato, a senior project manager at Bohler’s Rehoboth Beach office in Delaware. Bohler is a land development design and consulting firm that specializes in helping developers move their projects forward faster. “The retail program methodology translates well to other sectors. Starting off with either a new developer or a new client is an opportunity to learn their standards — or help the client create them. The end result must offer the same level of confidence whether the product is retail or …

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Partnership, Early Planning Integral to Multifamily Project Success, Say Interface Design Panelists

by Jeff Shaw

ATLANTA — This year has been a tumultuous one for multifamily construction. Between rising interest rates, fluctuating supply lines, costs of materials and difficulties procuring labor, developer confidence in new multifamily starts is faltering as work on current projects is beginning to slow. “In this market, it’s so hard to stay abreast of all of the changes that are happening,” said Cara Frost, director of preconstruction at Juneau Construction, which is based in Atlanta. “And that has led to a more design-assist approach on our end.” Frost’s comment came during the “What to Look for in Architecture, Design and Construction Trends in 2023” panel at the 13th annual InterFace Multifamily Southeast on Dec. 1. France Media hosted the event at the Westin Buckhead hotel in Atlanta. There were approximately 325 conference attendees. Joe Martinez, president of Atlanta-based real estate development and investment firm Vida Cos., moderated the panel. Speakers discussed the challenges they are currently facing and emphasized the importance of collaboration and transparency early in the process of a project. “There are three buckets — budget, time and quality — and right now, you get to be really good at two of those things,” remarked Josh Kassing, vice president …

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