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Home » Authors » Glenn S. Demby

Articles by Glenn S. Demby

Landlord Wins

Landlord Entitled to Attorney’s Fees in Enforcing Attorney’s Fees Clause of Lease

Sep 20, 2025
Glenn S. Demby

Upon learning that it had closed its coffee shop, a shopping center landlord sued a tenant and guarantor for violating the “continuous operations” clause of the lease ...


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Landlord Loses

Landlord Can’t Collect Future Rent Without Lease Acceleration Clause

Sep 19, 2025
Glenn S. Demby

A shopping center leased space in its parking lot to a food truck operator for a five-year term. The tenant stopped paying rent, and the landlord sued ...


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Feature

Take 6 Steps to Verify Claims of Zero Income

Or risk having to refund overpayments to HUD.
Sep 16, 2025
Glenn S. Demby
Model-Form-1025.pdf

Or risk having to refund overpayments to HUD.


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Compliance

HUD Orders PHAs to Audit Residents’ Immigration Status

The directive has the potential to uproot mixed-status families.
Sep 15, 2025
Glenn S. Demby

The agency seems to be enlisting PHAs in the business of enforcing immigration laws.


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Recent Court Rulings

OK to Revoke Section 8 Voucher of Evicted PHA Resident

Sep 14, 2025
Glenn S. Demby

After nearly two years of participating in Section 8, a PHA resident got a double dose of bad news: Her landlord was evicting her for violating the lease and exercising its authority under HUD regulations to revoke her housing voucher. A hearing was held ...


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Recent Court Rulings

Surviving Sons Can Take Over Section 8 Subsidy Despite Not Being Listed as Household Members

Sep 13, 2025
Glenn S. Demby

In 2018, the owner of a NYC public housing property converted the premises and its residents to a Section 8 project-based voucher program via the PACT/RAD program. When the last tenant of record listed on the Section 8 lease died in 2020, the owner terminated his subsidy ...


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Don't Use 'To Code' as Sole Work Letter Standard

Sep 4, 2025
Glenn S. Demby

When negotiating the terms of a work letter with a tenant, don’t just agree to do a particular item of work “to code,” without listing any specifics or limitations. When not properly defined or limited, the phrase “to code” can be the source of confusion, miscommunication, and litigation.   


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Feature

Help Tenant’s Cash Flow by Calculating Percentage Rent on a Cumulative Basis

This method is especially attractive when dealing with seasonal businesses.
Aug 26, 2025
Glenn S. Demby
CLLI_0925_MLC_Cumulative.pdf

The cumulative percentage rent alternative is especially attractive when dealing with seasonal businesses and other tenants whose sales revenues fluctuate throughout the year. Here’s a briefing on the cumulative rent method and how to implement it, including a Model Lease Clause that you can adapt for your own use. 


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Drafting Tips

Require Tenants to Pay Maximum Premium Rent for Long Holdovers

Don’t let vague language compromise the effectiveness of holdover step-ups.
Aug 25, 2025
Glenn S. Demby
CLLI_0925_MLC_Holdover.pdf

Don’t let vague language compromise the effectiveness of holdover step-ups.


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Landlord Wins

Restructuring Lease Doesn’t Get Defaulting Tenant’s Guarantors Off the Hook

Aug 22, 2025
Glenn S. Demby

Two individuals signed basically identical unconditional guaranties making them jointly and severally liable for the financial obligations of a medical tenant under a lease. The tenant defaulted, and the landlord evicted it ...


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