Originally published on April 6, 2021, for NAIOP Source E-Newsletter.

President Joe Biden has unveiled his American Jobs Plan, a $2.3 trillion plan to fund infrastructure projects such as roads, bridges and railways, but also what the administration terms “human infrastructure” investments in childcare, as well as measures to transform the energy sector toward a carbon-free future. In order to fund the plan, the Biden administration proposes to raise the corporate tax rate from the current 21% to 28% and would seek a global minimum tax for multinational corporations.

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Date: April 7, 2021
Day/Time: 2-3 p.m. ET
Location: Virtual

Exclusive NAIOP Developing Leaders Program for Members in our Southwest Chapters

What are the big legislative issues facing businesses in your market? NAIOP Developing Leaders from our Southwest chapters are invited to an exclusive program to hear from industry and legislative leaders on these pressing issues:

• Increasing revenue sources through higher commercial real estate taxes. California defeated this issue in 2020, but as states face declining revenues, CRE could be targeted.
• Barriers to economic growth and CRE development. Our industry contributed $1 trillion in 2020, and the impact on state economies is invaluable. 
• Environment and sustainability. Hear strategies for working with local policymakers on green roof requirements, energy benchmarking mandates, net-zero buildings, and more.
• Business and community topics. From affordable housing to impact fees to supporting businesses as we emerge from the pandemic, how can NAIOP engage with the government to support the industry and the communities in which we operate?

Engage in a discussion with both CRE practitioners and lobbyists who work with chapters in your market, then break into smaller groups for deeper discussions and networking.

Originally published on March 30, 2021, for NAIOP Source E-Newsletter

President Joe Biden is expected to unveil his plans for an infrastructure and economic growth proposal amounting to nearly $4 trillion while on a visit to Pittsburgh this Wednesday. The package is expected to be divided into two parts, with the first part focused on infrastructure investments for transportation and initiatives related to Biden’s efforts to address climate change. The second package will be geared toward domestic initiatives such as national childcare programs, free community college, and universal pre-kindergarten.

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Originally published on March 9, 2021, for NAIOP E-Newsletter.

Over the weekend the U.S. Senate passed the $1.9 trillion pandemic relief package backed by President Joe Biden on a partisan vote of 50-49, with all Republicans present voting against the measure. Republican Sen. Dan Sullivan of Alaska was not present due to a family emergency. As a result, Senate Democrats did not need a tie-breaking vote to be cast by Vice President Kamala Harris.

The Senate made some modifications to an earlier version of the American Rescue Plan that had been passed by the House of Representatives, most notably omitting an increase in the minimum wage to $15 an hour that had been a controversial element in the House-passed bill. The House must now pass the bill with the Senate changes, which is expected this week. Democratic leaders want to get a final bill to Biden before March 14, the date when enhanced unemployment benefits expire.

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Insights from Both Sides of the Aisle
March 10, 2021 | 9:00 AM - 10:00 AM EDT

Registration Rates Increase Tomorrow (Wednesday, 3/3)

Next week, hear exclusive insights on the current political climate at the state and federal levels from renowned political strategy consultants, Brad Crone (“The Democrat”) and Chris Sinclair (“The Republican”). Find out what both sides have to say about the changing real estate landscape, the new administration, and what key issues are impacting our state and industry. Submit questions for the speakers in advance here. 

This event is hosted by NAIOP Charlotte. All NAIOP NC members as well as nonmembers are invited to participate.

Our Speakers

Brad Crone
Campaign Connections
Brad Crone, 51, is president of Campaign Connections, a Raleigh-based consulting firm specializing in public affairs, public relations, and grassroots campaigns for trade associations, advocacy groups, and corporations. A North Carolina native, Mr. Crone has been providing governmental affairs and public relations consulting services since creating his firm in 1991. Prior to that, he was a daily newspaper publisher at The Thomasville Times in Thomasville, N.C. He was the first desktop newspaper publisher in the state with his weekly publication The Clayton Star, which he sold in 1989. Read more.

Public Input Sessions

The City of Charlotte’s Great Neighborhoods Committee is in the process of reviewing and evaluating the city’s current Non-Residential Building Code (NRBC) Ordinance. The NRBC Ordinance addresses interior, exterior, and property maintenance standards for commercial businesses. The NRBC ordinance was created in 2009 and has not been reviewed since it was originally passed by Charlotte City Council. 

Violations to the NRBC Ordinance can range from buildings open to vagrants and criminal activity to broken windows or major structural issues. If commercial buildings are not properly maintained, they can have a negative impact on surrounding neighborhoods and businesses. Therefore, the City of Charlotte is seeking community input for the review and evaluation of the ordinance through four virtual meetings and an online survey.

MEETING DATES/TIMES

Check out a newly added resource page with quick links to the 2040 Comp Plan, UDO, Charlotte Moves, and more. This evolving information will have a dramatic impact on the future of Charlotte’s commercial real estate development. NAIOP Charlotte continues to monitor and inform members about developments in these initiatives and members are encouraged to get involved and provide a voice for commercial real estate as these policies unfold.

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Originally published on November 9, 2020, by Tom Acitelli for the Commercial Observer.

The incoming Biden administration‘s decisions on a range of issues could impact the commercial real estate market and industry directly. Here are the four areas to watch as the former vice president transitions to the presidency this winter.

The pandemic

The coronavirus pandemic is by far the biggest challenge that commercial real estate faces. The virus has emptied offices and hotels; caused a spike in loan delinquencies and a drop in real estate investment trusts’ stock performances; tanked leasing and sales; and banged perhaps the loudest death knell yet for brick-and-mortar retail. Until the coronavirus is under control, industry analysts, owners and brokers say a return to (a new) normalcy in the market and the industry is out of the question.

President-elect Biden is vowing a much more direct federal attack on the virus. President Trump in the closing days of his campaign said repeatedly that the nation was “rounding the turn” on the pandemic. The country has instead recorded more than 90,000 new coronavirus cases a day since Nov. 4, the highest figures of the pandemic.

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Originally recorded on November 11, 2020 for NAIOP Center for Education.

The Advantage Series is an exclusive member benefit, delivering expert insights into the latest research to help you make informed business decisions.

On November 11th, this webinar provided members with an update on federal legislative activity and executive agency actions affecting the commercial real estate industry, with a specific focus on NAIOP’s top public policy and legislative priorities. Aquiles Suarez, NAIOP’s senior vice president for government affairs, and Alex Ford, NAIOP director of federal affairs, will discuss issues including tax legislation, infrastructure, environmental issues, and federal regulatory matters.  Attendees can pose questions regarding federal issues affecting their business and gain insights to prepare them for any future regulatory or legislative challenges.

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Originally published on September 9, 2020, by NC Rep. Jay Adams District 96

Below is a press release from NC Representative Jay Adams regarding the announcement of the passage of NC House Bill 1105 that will directly provide positive economic impact for Catawba County and Future Jobs.

Recently House Bill 1105 The Coronavirus Relief Act was signed into law that will have lasting impact on the United States, North Carolina and the Catawba Valley. Within the $1.1 Billion bill there is a $14.3 Million appropriation to the City of Conover and Gaston County to fund the establishment of facilities that will bring the research, development, and manufacture of Personal Protection Equipment (PPE) to North Carolina.

During the early days of the pandemic the US relied on suppliers based in China for a number of PPE items including, but not limited to, a variety of mask and garments used in hospitals and care facilities. As you may recall, China restrained delivery of some of the products due to their internal demand for the products and later used them for leverage in various negotiations.

Originally published in the Real Estate & Building Industry Coalition (REBIC) Newsletter on September 1, 2020.

North Carolina’s new ‘Phase 2.5’ starts Friday at 5 p.m.

• Indoor fitness facilities and bowling alleys can open at 30% capacity
• Museums can open at 50% capacity
• Playgrounds allowed to open
• Mass-gathering limits raised to 25 indoors, 50 outdoors

Places that still remain closed include:

• movie theaters
• night clubs
• amusement parks
• bars

The order announced today has no effect on restaurants, which are at 50% capacity, or schools, which are mostly online.

Originally published in the NAIOP E-Newsletter on September 1, 2020 

The Federal Reserve last week announced it was ending its longstanding practice of preemptively hiking interest rates to stave off inflation. Chairman Jerome Powell said the central bank would instead focus on maintaining low levels of unemployment, even if it comes at the expense of higher prices for consumers. The Fed is expected to maintain its benchmark rate – which was cut twice back in March in response to the COVID-19 pandemic – at near-zero percent levels for the foreseeable future. 

Over on Capitol Hill, Senate Democrats are out with a new report. Called The Case for Climate Action, it recommends trillions of dollars in investments to cut greenhouse gas emissions and reach net-zero emissions by 2050. In terms of buildings in the commercial and industrial space, it highlights options for “decarbonizing everything,” but the plan is far less specific than the one released in July by House Democrats. Sen. Brian Schatz (D-HI), who chairs the select committee that published the paper, said many of the recommendations are intentionally open-ended in order to “maintain flexibility going into the next Congress.” 

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Originally published by Aquiles F. Suarez, Toby Burke , and Alex Ford for NAIOP's Summer 2020 Issue

Congress and the Federal Reserve took unprecedented action to shore up businesses, including commercial real estate.

As the COVID-19 pandemic began to shut down the economy, lawmakers in Washington responded, reaching agreements on several bills intended to help the country survive the economic chaos caused by the pandemic. Congress passed three relief bills in March, and the House passed a fourth bill in May that was headed for further negotiations with the Senate.

“Phase I” was H.R. 6074, the Coronavirus Preparedness and Response Supplemental Appropriations Act, signed March 6. It provided approximately $8 billion in additional funding to federal health agencies and eased regulations to allow for over-the-phone consultations between Medicare recipients and their health providers. The bill also empowered the Small Business Administration (SBA) to issue an Economic Injury Disaster Loan declaration, which makes loans of up to $2 million available to small businesses.

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House lawmakers last week passed the INVEST in America Act (H.R. 2), a $1.5 trillion infrastructure bill that has been a key priority for Democrats since 2018. However, the bill advanced on a mostly party-line vote – with only a handful of members on either side breaking ranks – suggesting its prospects in the Republican-controlled Senate are likely dim. 

The chamber’s Majority Leader, Sen. Mitch McConnell (R-KY), later confirmed that sentiment, saying: “This so-called infrastructure bill would siphon billions in funding from actual infrastructure to funnel into climate change policies… It will just join the list of absurd House proposals that were only drawn up to show fealty to the radical left.” 

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Originally published on June 23, 2020 by Shawn Moura Ph.D.

Last week, NAIOP conducted its third survey of its U.S. members on how the novel coronavirus has affected their businesses and local markets. The survey examines the outbreak’s effects on conditions in commercial real estate and evaluates how firms have responded. The June survey results reveal that development conditions have continued to improve since May.

For the first time, NAIOP is publishing data it has collected on rent payments and tenant requests for rent relief over the last three surveys. As with other metrics, these data reveal gradual improvement in market conditions since April.

The survey was completed by 351 NAIOP members between June 15 and 17, 2020. Respondents represent a range of professions, including developers, building owners, building managers, brokers, lenders and investors.

The economic disruptions from COVID-19 have had significant impact on the credit quality of tenants, building occupancy and demand from buyers, resulting in substantial uncertainty in the valuation of commercial real estate and complexity in the accounting for lease modifications.

John Thomas, CEO of Physicians Realty Trust, and Dennis Power, CFO of the Opus Group, shared their experiences with tenant collections, lease concessions, market demand, and the resulting impacts on real estate valuation across their market niches. Brent Maier provided his view on the impacts he has seen in his role as the leader of Baker Tilly’s real estate transaction advisory services team while Mike Kamienski and David Jamiolkowski, also from Baker Tilly, shared their view of how these issues will impact financial reporting from a real estate impairment and lease accounting perspective. Don’t miss this discussion of critical topics so you understand the valuation and leasing impacts from COVID-19.

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Originally published by NAIOP on June 9, 2020.

Last week, the Senate unanimously passed the Paycheck Protection Program Flexibility Act of 2020 (H.R. 7010). The legislation eases a number of requirements that must be met in order for PPP loans to be forgiven. Notably, H.R. 7010 extends the “covered period” during which PPP loans must be spent on eligible funds, from 8 to 24 weeks, and allows recipients to use up to 40% of loans on non-payroll expenses, up from the previous cap of 25%. Shortly after passage, President Donald Trump signed the measure into law. 

Recognizing the impact the COVID-19 outbreak has had on businesses, the Treasury Department also took action on Thursday, releasing new guidance that offers relief to Opportunity Zone (OZ) investors. As a result, individuals and firms will be granted additional time to roll qualified gains into an OZ fund and can avoid penalties if “reasonable cause” is demonstrated. 

Last Friday, the House of Representatives passed by a vote of 208-199 a Democratic-backed coronavirus economic recovery bill, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. House Democratic leadership drafted the legislation without Republican input and unveiled it earlier in the week, leading Republican leadership to dismiss it as a partisan exercise.

While the HEROES Act will not be taken up by the Senate, the bill serves as an important opening salvo by House Speaker Nancy Pelosi as negotiations continue between the House, Senate and the Trump administration on a “Phase IV” economic stimulus bill.

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House Speaker Nancy Pelosi and top Democratic leaders are working on a bill that could spend as much as $2 trillion more on coronavirus relief. A significant portion of that will be directed toward states and local governments, which are suffering a loss of tax revenues because of ongoing shutdowns.

Other priorities include an expansion of unemployment insurance and additional funding for the U.S. Postal Service. The bill could also include spending on infrastructure.

While House Ways and Means Committee Chairman Richard Neal (D-MA) told local leaders that he supports spending on infrastructure as one way to help state and local governments stimulate their economies, Senate Majority Leader Mitch McConnell (R-KY) said he opposes that. “Infrastructure is unrelated to the coronavirus pandemic that we're all experiencing and trying to figure out how to go forward,” McConnell said.

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Originally published by Phil Jelsma for Commerical Property Executive

The coronavirus outbreak has prompted multiple deadline extensions by the Internal Revenue Service, many of which have major implications for commercial real estate investors.

On Thursday, April 9, the IRS issued Notice 2020-23, which extends several time-sensitive tax deadlines including those for Section 1031 Exchanges and Opportunity Zone Investments.

In a Section 1031 exchange, which allows deferral of capital gains taxes on the sale of certain investment properties, an investor who sells real estate held for productive use in a trade or business or for investment can defer taxes if the investor identifies replacement properties within 45 days of the sale and within 180 days of the sale completes the acquisition of one or more replacement properties. The new IRS guidance extends both the 45-day deadline and the 180-day deadline, if those deadlines would have expired on or after April 1, 2020, to July 15, 2020. Thus, if the investor’s identification period was open as of April 1, 2020, it is automatically extended to July 15, 2020. Similarly, if the 45‑day identification period had expired before April 1, 2020, but the 180-day exchange period was open as of April 1, 2020, the 180-day exchange period is extended to July 15, 2020. This creates some interesting situations.

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