The Survival of Shopping Centers: New Looks vs. Old Restrictions
The death of brick-and-mortar retail has been predicted for the past twenty years, but while the office sector continues to struggle to recover from the COVID-19 years and demand for lab space...
View ArticleMassachusetts Zoning Updates – What Property Owners and Developers Need to Know
Governor Healey signed the Massachusetts Fiscal Year 2027 Budget into effect July 9, 2026, making several important amendments to G. L. c40A, which governs zoning. Effective immediately, the new...
View ArticleRent Control: What’s Next?
With the rent control initiative no longer on the ballot this upcoming November, what will happen to the rent control campaign? The two most viable options for statewide rent control are (1) submitting...
View ArticleA New Era for Clean Energy Permitting in Massachusetts
On July 1, 2026, Massachusetts began accepting applications under a fundamentally redesigned permitting framework for clean energy infrastructure, including solar, wind, and other specified...
View ArticleThe 5% Safe Harbor May Be Back, But Questions Remain
On June 6, 2026, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia struck down IRS Notice 2025-42. The Notice, issued following enactment of the One Big Beautiful...
View ArticleClient Alert: SJC Rules Rent Control Ballot Initiative Unconstitutional
The proposed rent control ballot question for the November 2026 election cycle has been found unconstitutional by the Massachusetts Supreme Judicial Court. If passed this initiative would have been the...
View ArticleExplained: Massachusetts SMART program changes in 2026
On May 19, 2026, the Massachusetts Dept. of Public Utilities (DPU) approved a full redesign of the Commonwealth’s primary solar incentive program, Solar Massachusetts Renewable Target (SMART), altering...
View ArticleBattery storage moves forward in Massachusetts as barriers fall
Development and construction of battery energy storage systems (BESS) in Massachusetts has become more feasible as a result of expanded statutory protections and the implementation of new safety...
View ArticleEnvironmental provisions in commercial leases: Part 2
Environmental provisions in commercial leases: Part 1 Landlords should be wary of giving broad representations regarding the environmental condition of their properties. It is difficult to know with...
View ArticleEnvironmental provisions in commercial leases: The details lie beneath the...
Commercial lease provisions regarding hazardous materials and environmental compliance are often relegated to standard generic provisions near the end of the document. This can be a mistake. Leases for...
View ArticleDon’t Turn Your Loan Problem into a Tax Problem
Although the Federal Reserve recently cut the federal funds rate to between 3.5 percent and 3.75 percent, the lowest in three years, the future landscape of commercial real estate remains uncertain....
View ArticleInvesting in Massachusetts Real Estate? Know About Nominee Trusts
They Offer Alternative to LLCs With Easier Off-Record Transfers Massachusetts nominee trusts have long been used to hold title to real estate. They offer privacy, flexibility in estate planning and a...
View ArticleRecent SJC Decision on Residential Security Deposits: What Massachusetts...
Massachusetts, one of the most tenant-friendly states in the country, prohibits landlords from deducting from a tenant’s security deposit for repairs related to “reasonable wear and tear” under G.L. c....
View ArticleFederal Circuit Ruling Opens Door for Landlords to Sue For Pandemic Rent Losses
In a landmark decision with significant implications for property rights and emergency policymaking, the U.S. Court of Appeals for the Federal Circuit has ruled that landlords may pursue constitutional...
View ArticleCompletion Guarantees in Construction Development Loans: Are They Enforceable?
Yes, but not the way you may think. Lenders who provide mortgage financing want assurances that their financed projects will be completed in accordance with the approved plans and specifications. The...
View ArticleImport-Tariffs: Acts of God or just another Thursday?
Many of us are quietly watching and waiting to see how newly imposed tariffs will affect the U.S. and global economy in the coming weeks, months, and potentially – years.[i] Anticipating these changes...
View ArticleMBTA Communities Act: Next Steps
Massachusetts SJC Upholds MBTA Communities Act on Constitutional Grounds, but Rules Ineffective on Procedural Grounds Background If you already have the background, please jump to the end of this...
View ArticleRevs Clear a Hurdle
The Massachusetts Legislature’s failure to pass a major Economic Development bill by the end of the 2024 regular session appeared to foil the Revs plan for a new stadium in Everett. As reviewed in our...
View ArticleThe New England Revs Stymied by Designated Port Area Restrictions
Gillette Stadium is widely known as the home of six-time Super Bowl champion New England Patriots. The Patriots, owned by The Kraft Group—a major player in sports and entertainment—began playing at...
View ArticleMassachusetts SJC Rules in Favor of Insureds for Ambiguous Insurance Policy Term
In Zurich American Insurance Company v. Medical Properties Trust, Inc. (and a consolidated case[1]) (Docket No. SJC-13535), the Supreme Judicial Court of Massachusetts ruled in favor of insureds in a...
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