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Compliance

A Holdover Premium in a Physician Lease Fails Stark Whether You Charge It or Waive It

The rental of office space exception at 42 CFR 411.357(a) requires the rent to be consistent with fair market value throughout the arrangement, including the holdover. A standard 150 percent holdover clause on 6,000 square feet of medical office space at the national average rent collects about $6,350 a month extra. CMS has said the premium has to be fair market value when the lease expires and for as long as the holdover runs, and that failing to charge a premium the lease requires may itself be a change in the terms and conditions, and may be forgiveness of a debt.

A Compliance-With-Laws Carve-Out for Future Laws Misses Local Law 97 by Five Years

New York City published its first year of Local Law 97 enforcement data in September 2026: 470 buildings over their carbon cap and $270,150 in penalties. Around 57% of covered buildings are projected to miss the 2030 caps. Whether the owner or the tenants pay turns on an operating expense clause, and on whether its compliance-with-laws language is limited to laws enacted after the lease was signed.