22 April 2010
Hotel Lawyer with an update on successful Asian investor strategy
A number of years ago, JMBM’s Global Hospitality Group® trademarked Global Hospitality Advisor® to reflect both the global and advisory nature of our focused hospitality practice. We are very proud to use it today with reference to Formosa International, a client we represented in signing a definitive agreement for the acquisition of worldwide rights to the Regent brand and hotel business.
28 March 2010
Click here for the latest articles on ADA Compliance and Defense.
ADA Counsel with pragmatic advice: What does the ADA require hotel owners and managers to do for their disabled guests?
Hoteliers can face certain extreme situations that are not addressed in plain language of Title III of the Americans with Disabilities Act (ADA). In relevant part, it provides that, among other requirements, places of “public accommodation” must provide certain “auxiliary aides and services”. In these unusual cases, the counsel of an experienced ADA lawyer like Marty Orlick, a senior member of JMBM’s Global Hospitality Group®, is invaluable. He has helped numerous hotels and restaurant clients establish compliance with all aspects of the ADA and resolve more than 300 ADA claims.
Today, Marty provides some very practical advice on dealing with exceptional situations with disabled guests.
25 February 2010
Please see “troubled hotel loans – workouts, bankruptcies & receiverships” for the latest articles on troubled hotels.
CMBS loan delinquencies — a problem growing every month at a staggering rate.
According to the Monthly Delinquency Report issued by Realpoint a few days ago, the total outstanding amount of CMBS (Commercial Mortgage Backed Securities) tracked by that firm is almost $800 billion, of which approximately $46 billion was delinquent in January 2010.
22 February 2010
Under the Bush Administration, the Department of Justice issued proposed modifications to the ADA regulations that would increase the obligations of certain commercial property owners and operators under the ADA Accessibility Guidelines and include time share developments within the definition of “public accommodations.” These amendments, if passed in their current proposed form, may impose significant burden on an industry that cannot realistically comply with certain operating requirements meant to ensure accessibility within the transient hospitality world. This at a time when time share is already hurting.
After President Obama was elected, the proposed modifications were placed on hold. We expect that before the modifications to the ADA are passed, the Department of Justice will issue a Notice of Proposed Rule Making and open another comment period. This may occur soon, so you should get and stay informed about the proposed modifications now before you need to comply with new burdensome regulations.
07 February 2010
Please see “troubled hotel loans – workouts, bankruptcies & receiverships” for the latest articles on troubled hotels.
Hotel Lawyer with tips for lenders on defaulted California mortgages. California now leads the nation in defaulted mortgages for hotels and commercial real estate. As lenders start to review their options, they must formulate asset plans that will avoid violating California’s tricky one action and anti-deficiency rules, or they may be in for some nasty surprises.
1 February 2010
Please see “troubled hotel loans – workouts, bankruptcies & receiverships” for the latest articles on troubled hotels.
Hotel Lawyers with grim reports from the field. If lenders are looking for some encouraging news on their distressed hotel asset sales prospects, they are not going to get it anytime soon. That is what the Atlas 2009 Year End Hotel Survey shows, but it does offer some valuable tips for dealing with continued distress in 2010.
Here is an executive summary.
31 January 2010
Hotel Lawyer: A new realism settles on the hotel industry. We’ve already given up 2010 and 2011 won’t be that much better . . . then a long, slow “jobless recovery.”
“Realism” was the defining word for the ALIS conference held in San Diego on January 25-27, 2010. ALIS attendance was roughly half or less of last year, and the experts officially declared 2009 one of the worst years for the hospitality industry. They have already thrown in the towel on the industry for 2010, and look to an anemic 2011, with double digit growth in RevPAR after that . . . but we are so far down the hole now, that even double digit RevPAR growth will take years to reclaim the levels enjoyed in 2005-2007.
So what does this portend for lenders? And what is the smart money doing now?
20 December 2009
In early November, we warned the readers of the Hotel Law Blog that the multi-year fight over “lost” transient occupancy taxes (TOT) that has been raging between local governmental entities (state, city, and county) and the various online travel companies (OTCs), such as Travelocity, Orbitz, Hotels.com, Priceline.com, and Expedia, was reaching the point where it was going to start impacting hotels financially. Unfortunately, we are there NOW, and things don’t look good for the lodging industry!
Two important developments have just occurred recently, which hotel owners and operators need to watch carefully because they will be spreading rapidly.
First, at least one city has amended its TOT ordinance to expressly make hotels liable for the collection and payment of the TOT on the entire amount that a guest ultimately pays an OTC for the use of a guest room.
Second, some cities are amending their TOT ordinances so that it will make it more difficult and expensive for hotels to challenge TOT assessments.
11 December 2009
Click here for the latest articles on ADA Compliance and Defense.
Even if you don’t have a hotel in Manhattan, you will want to know about the “Manhattan Hotels ADA Compliance Review Survey” conducted by the U.S. Department of Justice (DOJ). The DOJ’s reach is nationwide and other cities are targeted for the same kind of survey and enforcement.
In an interview on the Hotel Law Blog earlier this year, Coming to a Theater District Near You: The DOJ’s ADA “Survey,” my partner, Marty Orlick, described the sweeping scope of the DOJ’s ADA Compliance Review Survey of Manhattan hotels. In that interview, Marty emphasized that hoteliers who receive the questionnaire should be aware that DOJ investigators may have already been to their hotel — in fact, the DOJ’s sub rosa investigation may be why the hotel received the survey in the first place.
In today’s interview on the same topic, Marty explains what hotel owners and managers should do when they receive the DOJ’s ADA Compliance Review questionnaire in the mail. (First: take it very, very seriously.)
3 November 2009
Hotel Lawyer: The transient occupancy tax litigation by cities and local governments continues to mushroom.
On November 3, Florida filed one of the first lawsuits against Expedia and Orbitz for lost bed taxes, but using the Florida Deceptive and Unfair Trade Practices Act.
Although October was a big month in the OTC battles, November may be even bigger. Today, we are going to look at the latest litigation filings and what they mean.
