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Politics

North Dakota Sues the Biden Administration Over Oil and Gasoline Leases

The state of North Dakota has sued the Biden government for suspending new state and waterway oil and gas leases, claiming that doing so has cost the state nearly $ 5 billion in lost revenue and more than half a billion barrels of oil in the ground will hold.

President Biden ordered the suspension days after he took office as part of his climate change agenda – but the move was blocked in federal court in June so states can proceed with new leases.

North Dakota joins 14 other states with Republican attorneys general who have filed lawsuits over the moratorium on new leases.

The Interior Ministry, the federal agency that oversees oil and gas leases, declined to comment.

In the lawsuit filed Wednesday in the US District Court for the North Dakota County, the state called the moratorium illegal and said the Home Office had exceeded its powers to suspend the sale of leases.

It also alleged that the suspension of two North Dakota leases, originally scheduled for March and June, has already cost the state tens of millions in lost revenue.

North Dakota is the second largest producer of oil and gas in the United States, and more than half of the state government’s revenue comes from oil and gas taxes.

“This significant damage to North Dakota will increase rapidly,” the lawsuit said, as the “illegal federal government moratorium may continue”.

If the moratorium continues next year, the lawsuit said, leases on nearly 150,000 acres of North Dakota would be blocked, preventing the construction of more than 1,000 oil and gas wells and the production of 555 million barrels of oil. The estimated total loss of revenue is $ 4.77 billion.

“I took these steps to protect the North Dakota economy, the jobs of our hardworking citizens, and North Dakota’s right to control its own natural resources,” said Wayne Stenehjem, the North Dakota attorney general, in a Explanation.

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Business

Retailers signal extra short-term leases in a dangerous wager for mall homeowners

Shoppers walk through the King of Prussia shopping mall in King of Prussia, Pennsylvania.

Jennah Moon | Bloomberg | Getty Images

Retailers and their landlords are currently embroiled in a high stakes risk game. And it will be a few years before we find out which party is on the winning side.

As thousands of retail leases need to be renewed, their term continues to shrink as companies grapple with an unpredictable future and seek ways to cut costs, remain flexible, and maintain leverage with their landlords even after the health crisis subsides.

However, the risk is a one-way street. For one thing, malls and shopping malls owners could have the opportunity to turn the tables in two or three years by increasing rents or outfitting retailers for another tenant. However, shorter-term deals could also result in landlords having even more vacancies across the board.

Best Buy chief executive Corie Barry said Thursday that the big box retailer’s average rental length is definitely decreasing.

She said the company has about 450 leases due to be renewed over the next three years, or an average of 150 a year. The electronics retailer has closed around 20 of its large-format stores in each of the past two years, but expects to close even more in 2021, she said.

“In the short term, there will be higher lease renewal thresholds as we assess the role of each store in its market, the investments required to meet our customer needs, and the expected return on investment based on a new retail landscape,” Barry said during a conference call with analysts .

The trend is spreading far across the retail landscape and in shopping malls. Apparel companies are increasingly rethinking whether it makes sense to be in an enclosed mall anchored by department stores struggling to attract shoppers and increase sales.

According to VF Corp., owner of Vans and Timberland, the leases for its stores have been shorter for years. They will get out of the pandemic even shorter thanks to recent and ongoing negotiations, according to the company’s CFO. VF Corp. makes the switch to allow the freedom to close deals faster.

“The way we structure our rental agreements allows us to be quite nimble and agile and … we can turn around as consumer behavior changes,” CFO Scott Roe said in a recent telephone interview.

The retailer’s average rental period is around four years, according to Roe and will soon be even shorter as new contracts are signed.

“The landlords have been cooperative and have worked with us,” added Steven Rendle, CEO of VF Corp.. “We both have the same goal, which is to be viable and productive.”

There is plenty of freedom

While it has traditionally been in a landlord’s best interest to get a long term tenancy or 20 year lease in order to limit risk and fill a room for as long as possible, many succumb to the pressures that have been placed in the past 12 months.

With lots of vacant space in many markets across the country, tenants such as retailers and restaurateurs are in a greater position of power. It’s a trend that many real estate experts expect will only multiply from here and become the norm.

According to a follow-up from real estate services company CoStar Group, leases for approximately 1.5 billion square feet of retail space in the US expire this year. That’s around 14% of the retail market. Either these leases will not be renewed and additional retail stores will be closed, or these contracts will be renegotiated.

“We agree with that.”

While short-term leases can pose a higher risk for landlords who then grapple with unpredictable waves of renters moving in and out, they go both ways. Retailers could get a short-term lease, and rents could be higher in the future as the market strengthens.

David Simon, CEO of mall owner Simon Property Group, told analysts during a conference call in early February that tenants were interested in a “slightly shorter term”. Simon is currently signing another three-year leases, he said.

“We are okay with this because in two or three years I would rather negotiate,” than not filling a shop at all, he said. “I think that might be in our best interests too, because … we’re not entirely able to refer to sales to increase the rent,” he said.

“It’s actually a one-way street and it works fine for the vast majority of our retailers,” said Simon.

Beth Azor, CEO of retail property management and development firm Azor Advisory Services, said she worked on a number of short-term super deals during the pandemic. Azor, often referred to as the “canvassing queen” by her social media peers, is helping leasing agents fill vacancies across the country by working with a number of publicly traded real estate mutual funds (REITs).

She recently took up service on the emerging social network Clubhouse, where she has set up spaces for entrepreneurs to set up their business in, and landlords with free space can overhear. The rental contracts have a term of three months to one year. and sometimes that’s rent-free. She calls it “Space Tank”, a piece from ABC’s “Shark Tank”.

Occupancy pays off

Azor says landlords shouldn’t view short-term leases as negatively, especially given the retail location. A tenant – period – increases occupancy, she said, which can come in handy when other businesses are knocking on the door asking for rent relief.

During the health crisis, companies at the national and local levels came to malls and malls owners to try to renegotiate their rents, Azor said. And when a property is full, albeit with some short term leases, it’s harder for a company to argue that their rent should go down. So the occupancy can literally pay off.

Outlet owner Tanger Factory Outlets has also done more short term deals. Currently, about 7% of tenants’ leases are categorized as fixed-term when they are typically between 4.5% and 5.5%, CEO Stephen Yalof told analysts during a conference call earlier this month.

“A number of deals that actually started out as pop-up or short-term leases … we extended the duration of those leases,” he said. “So that seems to be a trend.”

He went on to explain that the REIT preferred to maintain a high occupancy with shorter-term deals over charging rents in 2020.

“We’ll see a lot more local and [temporary] Leasing probably in the first half of the year, “he said.” But we are very proactive with our long-term leasing to replace this tenancy and expand our permanent leasing base. “

However, not all properties seem suitable for pop-ups.

For example, according to Jerome Barth, president of the Fifth Avenue Association, New York’s glitzy Fifth Avenue neighborhood is still largely populated by tenants with long-term leases.

“These will be premium leasing contracts, no matter what … because this is still the world’s leading market,” said Barth. “I think leases will keep moving, and that will be a constant. But people know the avenue will be an exciting place for years to come.”

Disclosure: CNBC owns the exclusive off-network cable rights to “Shark Tank”.

– CNBC’s Melissa Repko contributed to this report.

Categories
Business

Renters return to Manhattan in November, driving 30% achieve in leases

A man enters a building that houses rental apartments in New York City on August 19, 2020.

Eduardo MunozAlvarez | VIEW press | Corbis News | Getty Images

Tenants returned to Manhattan in November, lured by a record drop in rental prices, according to a new report.

New rentals increased 30% year over year in November, according to a report by Miller Samuel and Douglas Elliman. This was the strongest November in 12 years with over 4,000 new leases.

The jump suggests the outflow of Manhattan residents, which began in March, may be turning as lower rates attract new renters and others returning to the city after months in suburban or country homes. The median effective net rent, or rental prices including concessions, fell 22% in November. In October, that was the biggest decline in its history.

The median rental price is now $ 2,743, with most landlords offering free rentals for more than two months.

“Lower prices created that trigger for inbound migration,” said Jonathan Miller, Miller Samuel CEO. “This is one of the first signs that the market may be improving.”

A real estate rebound in Manhattan is likely to take years, given the huge supply of vacant apartments, condos, and cooperatives for sale, realtors say. There are still more than 15,000 unlet apartments in Manhattan, and the vacancy rate – typically around 2% – is still at a record 6%, the report said.

In addition, many buildings do not even offer all vacant rental apartments, fearing that they will put even more strain on the market. Miller said this “shadow inventory” of unlisted vacant homes could mean the actual vacancy rate in Manhattan could be closer to 18%.

“It’s going to be an upward trend,” he said.

Many of the new tenants are asking for 18 to 24 month leases so they can keep today’s low rates longer, the brokers said.

According to information from brokers and landlords, new tenants are led by three main groups. There are residents who use the price cuts to upgrade their apartments and get more space. There are Manhattaners who have lived in the suburbs since March when coronavirus cases hit the city but now want to return because they can’t spend that much time outdoors – or miss the urban lifestyle.

“What clients tell me is that they tried the suburbs and missed the city,” said Janna Raskopf, a senior real estate agent at Douglas Elliman. “They say they miss going to a grocery store or coffee shop and not relying on a car.”

She said she has also had a number of customers who lived outside of the city – on Long Island or other suburbs – and sold their homes because of rising property prices in the suburbs. Now they’re renting in Manhattan to see if they like it and want to buy.

Realtors say another large group renting in Manhattan are millennials or younger renters who moved back with their parents for months but are now returning.

“They tell me I had to get out of there,” said Raskopf. “They want their own space back.”