Course Descriptions
Affordable Housing (2) RE 610. An in-depth study of the special laws applicable to Section 8 Housing and a workshop covering the structuring, drafting, negotiating and closing of an affordable housing development (i.e., the acquisition of land, formation of a joint venture between the for-profit and not-for-profit entity, financing and construction).
Alternative Means of Dispute Resolution (2) RE 611. An exploration of the use of mediation and arbitration in the context of real estate-related disputes. Rather than exploring the role of the neutral or the attorney for a client dispute, this course explores the role of the transactional attorney is negotiating, drafting and revieweing ADR provisions in a real estate document.
Bankruptcy and Insolvency Laws Affecting Real Estate (2) RE 601. An in-depth study of the impact of the federal and state bankruptcy and insolvency laws upon real estate development, finance and workouts, focusing on the rights and remedies available to the debtor in bankruptcy and its creditors when a party to a real estate transaction becomes insolvent, including a bankruptcy filing by a landlord, a tenant, a ground lessor or lessee, party to a reciprocal operating and easement agreement, a borrower, or a contractor or subcontractor. Particular emphasis will be placed on the impact of a bankruptcy filing by a borrower on the remedies available to a mortgage lender, including enforcement of pre-petition agreements to lift the automatic stay, the use of "pre-packaged" bankruptcy plans, the "new value" exception to the absolute priority rule and enforcement of "springing guarantees."
Commercial Real Estate Transactions (3) RE 602. A survey of the legal, accounting, and business issues relating to the acquisition, construction, leasing, ownership, operation, and management of various types of commercial real estate projects. Particular emphasis will be placed upon underwriting considerations, selecting the choice of entity (S-corporation, limited liability company, corporation, general partnership, joint venture, or limited partnership) and title insurance.
Condominium, Cooperative and Other Common Ownership Interest Communities (2) RE 617. An examination of the laws relating to common ownership interest communities, including the legal foundations and structures of condominiums, cooperatives and home owners' associations; occupancy and use restrictions, restrictions on alienation, maintenance of common areas and enforcement of declaration, by-laws and regulations; a review of consumer protection legislation to combat developer abuses; management problems, litigation and conversions. The perspective of the developer of these communities will be emphasized.
Construction Law (2) RE 612. A study of the various aspects of construction law, including construction contracting and related claims and litigation and the rights and duties of developers, contractors, subcontractors, design professionals, bonding companies and lenders. An analysis of the pitfalls to avoid in construction contracting, the bidding process and government work, construction liabilities and insurance, mechanic's liens, construction scheduling and delays, warranties, arbitration or litigation, damages, remedies, waivers and defenses.
Drafting & Negotiation Skills Workshop (2) RE 608. This course will focus on developing skills in drafting and negotiation, utilizing a basic, but usually highly negotiated, real estate document (such as a joint venture agreement, loan modification agreement or an office lease) to be negotiated for a hypothetical deal.
Environmental Controls and Concerns Affecting Real Estate (2) RE 609. A survey of the various federal and state statutes, regulations and judicial and administrative decisions with respect to environmental matters including, air, water, solid waste and noise pollution abatement (including CERCLA and RCRA); an analysis of the impact of these environmental controls (both indoor and outdoor) upon land ownership, development and financing; and the formation of plans and procedures to improve compliance with environmental laws and rules, including handling a remediation of contaminated property.
Fair Housing Clinic (2) RE 622. In addition to teaching the substance of fair housing law, the clinic offers students an opportunity to participate in federal court litigation, state and administrative proceedings, and appeals.
Fair Housing/Fair Lending Law (2) RE 633. The study of federal, state and local laws pertaining to discrimination in housing and lending, focusing on the theoretical and legal problems presented by the fair housing and lending laws as well as the practical aspects of handling a fair housing case and methods to comply with these laws, including the Community Reinvestment Act.
Federal Income Tax Aspects of Real Estate (2) RE 603. An in-depth analysis of the federal income tax aspects of acquiring, owning, operating and disposing of real estate, including a review of corporate and partnership taxation in connection with the question of form of ownership; the determination of basis, depreciation, recapture, and investment credits; the characterization of gain or loss; the alternative minimum tax; the use of tax-free exchanges; the tax consequences upon foreclosure or loan modification; and the deferral of income through the use of installment sales.
Historic Preservation Law (2) RE 632. This course will examine historic preservation laws and incentive programs, focusing on the transactional process of preserving and rehabilitating historic buildings. The class will cover topics such as the federal preservation laws, state and local preservation laws, how preservation relates to the 5th Amendment takings clause, financing the rehabilitation of historic buildings, land use issues that arise in historic preservation and preservation easements and covenants.
Independent Research (2) RE 698. Research on an issue of real estate law and formation of an original idea in connection therewith, culminating in a written work of publishable quality.
Insurance Aspects of Real Estate Transactions (2) RE 616. This course identifies the insurance issues that are involved in various real estate transactions including construction, financing and the ownership and operation of rental property (from both a landlord's and tenant's perspective). The focus will be on negotiating and drafting insurance clauses in documents that support these transactions.
Introduction to American Law (2) RE 634. (Open only to MS students) This course is designed to give non-lawyers an overview of the American legal system, an introduction to selected ares of substantive law and the ethical context in which law is practiced. The course will enable students to begin to understand the 'vocabulary' of the law with particular emphasis to property and real estate concepts.
Introduction to Legal Materials and Analysis (2) RE 636. (Open only to MS students) This course is designed to give non-lawyers an introduction to legal materials and computerized research. IT will teach students how to find, read and analyze and obtain information from statutes, regulations, cases and common practice documents such as contracts, leases, declarations, and easements. In addition, it will introduce the students to legal writing and drafting. This course will build upon the concepts and vocabulary learned in the Introduction to American Law and Introduction to Real Estate Law & Practice courses.
Introduction to Real Estate Law & Practice (2) RE 635. (Open only to MS students) This course introduces non-legally trained students to the basic substantive areas of real estate law. Transaction considerations as well as legal issue spotting will be emphasized. The course will enable students to begin to understand the dynamics of the law as it pertains to real estate transactions and the practice of real estate law. This course will cover the basics of a real estate transaction starting with preliminary considerations to the final closing process.
International Aspects of Real Estate (2) RE 615. An examination of the special legal and business issues which arise when a foreign person or entity develops or finances real estate projects located in the United States, paying particular attention to tax issues.
Land Use Control and Zoning (2) RE 604. A study of governmental regulation and land use restrictions relating to the development of real estate, including municipal zoning, changes in zoning, spot zoning, variances and special exceptions, planned unit developments, floating zones, state controls, landmarks, forced dedications, development fees, condemnation and regulatory takings, subdivision approvals, flood plains and environmental controls.
Leasing, Ownership and Management (2) RE 605. An in-depth study of the legal and business issues involved in the leasing, ownership and management of various types of commercial real estate properties. Particular emphasis will be placed upon negotiation and drafting of a commercial lease. Skills exercises in negotiations, drafting and review of documents reflect the transactional perspective of the course.
Natural Resources Law (2) RE 621. An examination of the various aspects of natural resources law and how that body of law affects the development and use of real estate, including the economics of natural resources law, the sources of natural resources law, ownership of natural resources, management of commodity resources (timber, minerals and water), land use and development, conservation efforts and the impact of these efforts on development and renewable natural resources.
Real Estate Finance (3) RE 607. An examination of various financing devices utilized in the context of acquisition, construction and permanent financings of real estate development, including mortgages of fee title and leasehold mortgages, deeds of trust, installment land contracts, purchase money mortgages and wrap around mortgages. A study of the rights, duties and liabilities of the parties prior to the foreclosure, including the statutory and equitable right of redemption and the special problems which arise in a default situation, including lender liability claims, rights of tenants; enforcement of assignment of rents; subordinate liens and intercreditor agreements; enforcing the due on sale clauses, late charges, default interest and prepayment charges and priority issues (focusing on Article IX of the UCC, the Bankruptcy Code and Banking Law). An exploration of workout strategies and enforcement strategies including modification agreements, forbearance agreements, and the use of a deed-in-lieu of foreclosure or consent foreclosure.
Real Estate Industry (2) RE 619. The overarching objective is to develop an understanding of how real estate markets work. The course provides an introduction to financial analysis of real estate for investment purposes. It will consider the impact of financial performance on the legal and capital structures of real estate investment entities. Finally, attention will be given to how US real estate markets function.
Real Estate Legal Practicum (2) RE 620. This course will provide students a hands-on experience in commercial real estate practice. Under careful supervision of a full-time faculty member, the students will work with a member of the adjunct faculty in one of the various settings where real estate lawyers practice- law firms, title companies, corporations or government. The course is structured to meet the needs of the individual student who has not had significant practice experience in the field of real estate law. Consultation with and approval of the director of the program is required for registration.
Real Estate Litigation (2) RE 613. A workshop covering the substantive and procedural elements of handling real estate-related litigation such as actions to quiet title, ejectment, eminent domain, partition, foreclosure, mechanic's liens, construction claims, brokerage commissions or liability, and real estate sale contracts.
Securitization of Real Estate (2) RE 606. An in-depth treatment of the alternative sources of funds for investment in real estate and the transformation of real estate into securities through the use of REMICs, REITs and mortgage conduit vehicles and the use of "derivatives" in real estate financings.
Seminar on Selected Topics in Commercial Real Estate Finance and Development (2) RE 618. An in-depth treatment of selected topics of commercial real estate finance and development with an emphasis on current developments in the law and the real estate industry.
State, Local and Transfer Taxes (2) RE 614. An analysis of state, county and municipal taxation triggered by real estate ownership and sale, with particular emphasis upon the procedures for the levy, assessment, administrative, and judicial review of real estate taxes.
For more information about the Center for Real Estate Law, please contact us or request information.
|
