Multifamily Housing

WE KNOW MULTIFAMILY

Goosmann Law Firm represents clients in a wide variety of multifamily housing transactions, including complex commercial real estate transactions and a variety of multifamily housing litigation cases. We represent property management companies, business owners, developers, real estate agents, engineers, corporations, limited partnership companies, individuals, and new apartment community owners.

Our attorneys advise, negotiate, draft documents, and close deals on multifamily housing transactions involving acquisitions and dispositions, mergers, development, financing, leasing, restructuring and workouts, zoning, land use, debt, regulatory and environmental issues. In addition, we work with property management companies and owners in matters relating to lease agreements, covenants, and defending against Fair Housing complaints.

Our attorneys are experienced in all aspects of the real estate industry and can assist clients with a variety of solutions specific to the multifamily housing industry. Our experience and extensive knowledge of the real estate industry make your investment in our legal team worth it.

Commercial and Investment Real Estate Transactions

At Goosmann Law Firm, our attorneys are experienced in representing buyers, sellers, owners, investors, developers, and renters in providing real estate services to both multifamily and commercial clients. Our background in the multifamily housing and commercial real estate communities provides us with the ability to better understand client goals and needs in their commercial transactions.

Our comprehensive knowledge in the multifamily and commercial real estate industry means our attorneys can assist clients with a variety of real estate transactions relating to commercial and investment properties, including negotiating, drafting and reviewing documents for the development, acquisition, financing, leasing, exchange and sale of commercial and investment properties.

Our practice involves legal review and representation of all commercial real estate uses, including retail, office, multi-family, mixed-use, condominium, and industrial. We have clients of all sizes and types. Our attorneys can handle all types and sizes of commercial real estate transactions, including the purchase, sale, refinance and leasing of multi-family properties, office buildings, shopping centers, and other commercial properties for both individuals and businesses.

Multifamily Property Transactions: Purchase, Sale, Refinance, and Litigation

Our experience closing the sale and purchase of multifamily properties and advising owners and property management companies of multifamily properties on a daily basis, allows us to represent each of our clients in an individualized approach specific to the client’s need. At Goosmann Law Firm, we take great satisfaction helping our clients with the purchase, sale, or refinance of multifamily properties. We provide litigation representation and are involved with local, State and national apartment associations so we can advocate for our clients at all stages, in and out of court. Our involvement in the real estate and multifamily housing communities has provided our attorneys the ability to structure purchase and sale contracts to better meet our clients’ needs.

Property Management Regulation

We support our clients with their property management needs. Laws and regulations specifically related to multifamily housing are constantly changing. We stay ahead of those changes to help owners and property managers of multifamily housing maintain compliance in their policies and procedures. Goosmann Law Firm’s experience in protecting the business interests of owners of apartment communities and property management companies allows us to draft leases, policies and addendums that meet with business objectives while staying within State regulatory compliance.

Day-to-day operation of apartment communities can be demanding, given the various regulations and ever-changing laws. We work hard to try and help our clients recognize opportunities for future growth and seek an increased return on investment. To serve our clients, we represent multifamily property owners and managers in all applicable areas of law, including:

• Drafting and Revising Lease Agreements and Lease Addendums
• Revising and Creating Apartment Community Rules and Regulations
• Eviction Hearings and Appeals
• Assisting with Lease Violations and Lease Terminations
• Defending Against Fair Housing Complaints
• Addressing Maintenance and Environmental Complaints
• Ensuring Compliance with Landlord and Tenant Laws
• Advising and Establishing Strategies for Management Policies and Procedures

State and Federal Advocacy

Our attorneys advocate at the local, State and Federal levels even before they have been retained for a specific matter. Locally, they serve as board members and chair committees for the Apartment Association of Nebraska (AAN) and the Nebraska Association for Commercial Property Owners (NACPO). They are also involved in testifying before the Nebraska State Legislature on issues related to the multifamily housing and commercial real estate industry. Nationally, they sit on committees for the National Apartment Association (NAA) and serve as the lease attorney for Nebraska. They regularly attend the NAA Advocate conference in Washington, D.C., where the NAA meets with Federal lawmakers to advocate on behalf of the multifamily industry.

Fair Housing

Individuals who are denied residence in a rental dwelling, who are evicted from a rental home, or who believe they’ve been unfairly treated sometimes claim they are the victims of housing discrimination because of race, gender, national origin, sexual orientation or other factors. Fair Housing complaints are investigated thoroughly and can result in large fines if validated by the investigating body.

The Fair Housing Act (FHA), seeks to prevent discrimination based on race, color, national origin, sex, religion, familial status, and disability. It has been amended to protect other classes, including discrimination based on sexual orientation. Discrimination based on these protected classes violates both Federal and sometimes State law, which can result in heavy penalties to multifamily housing communities who have been accused of violating the FHA.

Fair Housing complaints trigger a fact-intensive investigation into multifamily housing operations and management, requiring an individualized review of the circumstances. The Fair Housing laws are not always straightforward or simple and the answer is often “it depends”.

Our attorneys can provide Fair Housing training to your onsite staff and management to ensure the FHA is being adhered to. In addition to training your communities, our attorneys have extensive knowledge in defending multifamily housing clients in Fair Housing investigations and complaints.

Lease Agreements: Drafting, Review, & Addendums

The National Apartment Association provides lease agreements that many management companies use. Others use lease agreements they have drafted themselves or have found a template online. Regardless of where you obtained your lease agreement or addendums, even if they were from the NAA, we help our clients review or revise them to ensure compliance with the ever-changing laws, rules and regulations.

Goosmann Law Firm’s continuous involvement in the multifamily industry and our experience in court arguing and interpreting these lease agreements provide us with an unparalleled understanding of the issues our clients face. Such understanding helps us address our clients’ needs when drafting, reviewing, or revising their lease agreements. Appearing in court daily, we understand which provisions are often litigated and how to protect your interests at the drafting stage.

Environmental Concerns and Complaints

Environmental claims are defensible but can create larger problems with the city or your insurance carriers, so they must be taken seriously. Liability and cost can become significant if these issues are not handled promptly and accurately. Our attorneys work with clients up front to conduct environmental due diligence to best prevent claims from arising. If a claim does arise, our commercial real estate attorneys have significant experience working with property owners, managers, and insurers to mitigate environmental claims and, if necessary, work with you to provide defense against environmental complaints.

Litigation Services

Our litigation attorneys at Goosmann Law Firm are no stranger to the courtroom, as we regularly appear in courts throughout Nebraska, Iowa and South Dakota on behalf of our real estate and multifamily housing clients. We advocate for our clients in court daily in order to obtain restitution of their property, foreclose, and to enforce lease agreements and other governing documents. We defend our clients against lawsuits filed against them in county, district and federal court, always keeping the client’s goals a priority.

Property Tax Appeals

At Goosmann Law Firm, we assist clients with tax appeals of commercial properties and work with experienced appraisers and real estate experts to obtain opinions specific to your property. Often with property taxes and appeals, there are strict deadlines and filing requirements that our attorneys can help you with. Review of your property taxes and the appeals process can be extremely important for your multifamily and commercial properties and will likely require an in-depth analysis and market review. Our attorneys have the knowledge and experience to help you through this complicated and time sensitive process.

Landlord and Tenant Insolvency and Bankruptcy Matters

Goosmann Law Firm represents local, regional and national companies in a variety of bankruptcy and creditors’ rights matters, from the complex to the routine, in both business and consumer bankruptcy situations. Our attorneys help our multifamily housing clients navigate bankruptcy court proceedings when their tenants file for Chapter 7 or Chapter 13 Bankruptcy relief. Tenants who are facing eviction may attempt to delay or prevent eviction by filing for bankruptcy. Our bankruptcy attorneys obtain relief from the automatic stay provisions of the Bankruptcy Code so our multifamily housing clients may proceed with eviction. We obtain adequate protection and past due rent for tenants who want to assume their lease.

For those tenants who file Chapter 13 and submit a plan of reorganization, we file claims with the bankruptcy court on behalf of our multifamily housing clients for past due rent and for damages under the lease agreement. In situations where the tenant has willfully damaged property, our attorneys can petition the bankruptcy court so that our client’s claim for damages is exempt from the bankruptcy discharge. Our dedicated team of attorneys understand your rights as a creditor when a tenant files bankruptcy and can move swiftly to protect your property and interest.

Our team of bankruptcy attorneys also represent our financially stressed multifamily housing clients in restructuring loans out-of-court. For those clients who are insolvent and are unable to reach an out-of-court workout, our team of bankruptcy attorneys are here to help you file Chapter 11 Bankruptcy Reorganization and to proceed safely to protect your business

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CASE STORIES

GOOSMANN ATTORNEY REPRESENTS REAL ESTATE COMPANY AND REDUCES CLIENT PROPERTY TAX VALUATION NEARLY $2.7 MILLION

A Goosmann Attorney successfully appealed a tax assessment in the state of South Dakota for a real estate company.  The Goosmann Attorney was able to reduce the valuation by nearly $2.7 million. This led to the client saving $60,000 annually on taxes for the next several years.

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