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Saturday, September 30, 2023

7 Reasons to Walk Away From a Multifamily Real Estate Deal

 In over 40 years of experience in this business, I’ve seen pretty much everything. As a result, I’ve developed what you might call an intuition for evaluating deals.

Don’t get me wrong; that doesn’t leave my “gut” in charge of which multifamily properties I do and don’t buy.

But it does help me to know a bad deal when I see one.

You may not have that intuition yet. Don’t worry; you will. For now, here are 7 strong reasons to walk away from a deal or, at the very least, to proceed very cautiously:

Drop-in Drama

Inspecting apartment Shutterstock_2066250419Don’t just rely on your initial walk through the property. It’s one thing to check out a property with a seller or his broker. It’s quite another to drop in unexpectedly.

Pick a few strategic times to drop by: on the weekend; during business hours; late at night. What do you see? Is the parking lot full on a Tuesday at 11 AM? Then, a significant percentage of your tenants may be unemployed. Are there sketchy individuals hanging around the building late in the evening? Does the area feel unsafe to you?

When you drop in, chat with a few tenants and neighbors. Try to get their read on the neighborhood. These are the kinds of insights you’ll never get from a seller or his broker.

If you find the reality on the ground fails to live up to the picture you’ve painted in your head, then either adjust your analysis and projections accordingly or walk away.

Features Unsupported by Facts

Sellers want to make the best case they can for their property. To that end, you can expect an Offering Memorandum and/or a Pro Forma to give off a positive impression.

Trust but verify.

As a diligent investor, it’s your job to dig into all the details. You can’t take a seller’s word for the accuracy of what you’re presented. 

Often, there are going to be discrepancies between what you’ve been told and what the numbers actually show. There are times when you can chock this up to an honest mistake. There are other times when the seller’s played it a little too fast and loose with the truth.

Whatever the seller’s motive, discrepancies should give you a moment of pause. The numbers may no longer work. If so, it’s time to renegotiate or walk. 

The Books Have Been Cooked

As I said above, discrepancies between advertised features and demonstrated facts should give you pause. They might not, however, lead to you backing out of a deal.

If you discover that those discrepancies are part of a willful attempt to misrepresent the truth, then it’s time to walk. If the broker is to blame, then don’t do business with them again. If it’s the property manager, also put them on your blacklist.

A Different Perspective after You See Comps

After you’ve had a chance to meet tenants, learn the market, and visit comparable properties, you’ll have a much better sense of the property’s future rental prospects. With that information, you can revisit your initial rental market analysis.

Has anything changed? Did you go into the deal expecting to grow rents only to find that the property was maxed out? Have rates in the neighborhood gone stagnant? Is the rent high with respect to area’s median income? Is that income going up or going down?

Sometimes, you’ll find that a firsthand look at the rental market invalidates your initial projections. If that’s the case, and it puts your cash flow at risk, you may need to walk.

Capital Surprises

During due diligence, it’s not uncommon to turn up additional capital improvement and repair expenses. When you look at each unit, you’re going to learn quite a bit about the real condition of the property.

All that is to be expected, but not taken for granted. Take your time, walk the property, and see exactly what you’re dealing with. If you find you’re looking at significantly more than you originally projected, the deal may no longer be feasible.

Before you walk, of course, try to renegotiate. If you can’t, or if you don’t have the capital reserves on hand to deal with the future expense, then kill the deal.

Dried-Up Funding

It’s easy to get wrapped up in a deal and fail to read the writing written on the wall. Often, in those cases, you may get a helpful nudge from a lender, equity investor or a business partner.

If your lender takes a look at the deal and decides they have to lower the loan proceeds, take that as a red flag. What do they see that you don’t? Are they just being difficult; or is there a legitimate reason why they don’t want to make the loan with your projections?

If your partners tell you they’re not interested in joining you on the deal, ask them why. Also, trust their instincts. Especially if you’ve solidified relationships with more experienced investors, you’ll want to trust them when they decide your deal isn’t worth their cash.

If you find yourself having to scrap and scrounge to piece together funding on a deal no one wants a piece of, you should take that as a sign and move on to the next deal.

The Numbers Fall Apart

Of all the signs that’d lead you to walk away, this one is the clearest. If you get to the end of your due diligence and find that the numbers won’t work, then you’ve got two options: re-negotiate or kill the deal.

At this point, you’ve done a lot of work, put in a fair amount of time, and shelled out for lawyers, inspectors, and so on. You’re going to want to make the deal work. If you can re-negotiate, then great. If you can’t, resist that urge to roll the dice and just move on.

Conclusion

To succeed in multifamily real estate, you need more than knowledge; you need wisdom. This business is about more than the science of deal analysis and contract negotiation; it’s about the art of seeing what others don’t and creating new opportunities.

Learning to read signs like these are only a step in the journey towards developing multifamily wisdom—that sixth sense I mentioned earlier. They all come from years of hard-earned experience. If you pay close attention, they might just save you from having to learn the hard way about what sets a good deal apart from a bad one.

Source: Rod Khleif

https://www.american-apartment-owners-association.org/property-management/7-reasons-to-walk-away-from-a-multifamily-real-estate-deal/


Friday, September 29, 2023

'Robot realtors of NYC are here to stay'

 New York’s real estate industry is embracing a silent revolution — and it’s happening right under our noses.

Meet Emily, Brook and Maya, the AI assistants quietly changing the way New Yorkers find their dream homes.

Nilanka Sandanayake, a Las Vegas native looking to make the leap to the Big Apple, had a seemingly smooth transition in the works.

He was in touch with Emily, an in-house leasing agent at the Biltmore on West 47th Street, who was helping him set up tours and answering his every query.

Or so he thought.

It turns out that Emily was no human — but rather a cutting-edge AI assistant, he told Curbed.

Sandanayake’s experience is not unique; New Yorkers are unknowingly conversing with bots when seeking their next abode.

AI assistants are quietly changing the way New Yorkers find their dream homes.
Tiagozr

Another apartment hunter, sharing their story on Reddit, discovered the same phenomenon.

They were set to meet an agent on the Upper East Side, only to be informed by the doorman that the agent was actually an AI assistant. This chatbot, with its human-like responsiveness, managed to convince them otherwise.

The rise of AI in real estate is proving highly lucrative. Elise AI, a New York startup offering an AI platform for tenant interactions, recently secured a whopping $35 million in Series C funding.

Their platform is used in approximately 30,000 units across 250 buildings in the city, with a new voice product that mimics human conversation.

Most users are blissfully unaware they’re talking to an AI device, often showering it with compliments, even asking it out on dates.

New York startups with a focus on Artificial Intelligence in real estate is raising funding at rapid pace.
Getty Images

Francesca Loftus, Elise’s head of operations, notes that these interactions mostly happen after regular work hours, from 9 p.m. to 1 a.m., assisting the human agents who require rest to power their own systems.

But Elise AI isn’t alone in the race.

Douglas Elliman’s Eklund-Gomes team recently unveiled “Maya,” an AI assistant reminiscent of ChatGPT.

Maya, described as “captivating” by her creators, is the culmination of years of development and significant investment.

While her interactions may seem like standard customer service exchanges, her allure lies in her ability to always respond promptly.

Many New Yorkers are unaware that when shopping for a home, they are not actually speaking with a human — but a robot.
Getty Images/iStockphoto

Some may find it unsettling that a non-existent woman is considered an ideal broker interface, but there’s an undeniable advantage — she actually responds.

Many New York City brokers have been notorious for their unresponsiveness. Sandanayake, who interacted with both AI and human agents, commented, “Sometimes I wouldn’t get a response at all.”

In a city where time is of the essence, these AI assistants are making their mark.

As the real estate industry in New York City quietly embraces the digital age, it seems that the robots have indeed arrived, and they’re here to help you find your perfect apartment, 24/7.

https://nypost.com/2023/09/29/ai-takes-manhattan-the-robot-realtors-of-nyc-are-here/

Wednesday, September 27, 2023

Evergrande Suspends Trading in Hong Kong, Along With Units

 

China Evergrande Group’s shares have suspended trading in Hong Kong, along with those of its property services and electric vehicle units.

No reason was given for the suspension in a notice to the Hong Kong stock exchange.

https://www.bloomberg.com/news/articles/2023-09-28/evergrande-suspends-trading-in-hong-kong-along-with-units

How do we show our NYC building has made a "good faith effort" to comply with Local Law 97?

 Owners and boards that prove they are making a "good faith effort" to comply with emission cuts required by Local Law 97 can  get reduced penalties when fines for excess building emissions are calculated in 2024. (The fines will be issued in 2025.)

To establish that your New York City building is taking steps to reduce fossil fuel emissions will require producing some paperwork. The city wants to see plans in motion so it's best to start now, our experts say. 

"The good faith effort is not merely hiring a company to engage in a review, but it is really intended for each building to have an actionable decarbonization plan in place, with the professionals on hand, financial plans and timetables, and a clear path towards completion," says Mark B. Levine, principal at property management firm EBMG.

Even though the city's new leeway seemingly gives boards some breathing room to come into compliance, Rebecca Poole, director of membership at the Council of New York Cooperatives and Condominiums, says boards shouldn't be lulled into a false sense of complacency.

"To develop a successful plan for carbon reduction, electrification, or decarbonization, boards must engage professionals, review financial implications, make long term decisions, pursue funding, and obtain permits or contracts," she says. 

The size of the penalty reduction for good faith efforts will depend on factors specific to the building and the demonstrated commitment to reducing emissions.

Provide the emission report and benchmarking info

The documentation needed to prove a good faith effort includes the previous year's emission report for the building showing compliance with any emission adjustments granted by the Department of Buildings, which is the agency enforcing the regulations.

Other paperwork includes attestations about lighting upgrades for the building, which under Local Law 88, must meet current energy conservation standards by 2025.

An additional requirement is to upload benchmarking information for the previous year. This is the letter grade given to your building with regard to its energy efficiency.

The current rules about good faith efforts only apply for the 2024-2029 compliance period so these requirements will change for 2030 and beyond. "The Local Law 97 rules and requirements are an evolving thing," says Dean M. Roberts, attorney at the law firm Norris McLauglin. 

Prep your building's decarbonization plan

Further proof of good faith efforts to meet the new emission standards includes one or more steps taken by the board to reduce emissions. This is your building's decarbonization plan and might be an energy audit or an inventory of the building’s mechanical systems and proof that work is underway that will lead to emission compliance. The submission deadline is May 1st, 2025.

The paperwork might also include details about work carried out since 2013, if it reduced emissions in the building by 10 percent or more. Another form of proof might be a list of alterations putting the building on a path to net-zero emissions by 2050. This could be electrification of the building and a letter from the utility company attesting to the work. Each alteration listed must be itemized with a timeline, a capital plan, and the estimated reduction in emissions. 

Roberts recommends creating a separate file for all the paperwork so the information is in one place. "It is important that the documents whether in paper or electronic form are readily available and usable as evidence to governmental agencies," he says. 

Under Local Law 97, emission allowances for the building get progressively smaller every five years, aiming for an 80 percent reduction by 2050. In filing the decarbonization plan, you need to show the building will meet its 2024 targets by 2027. Also, by May 2028, you must have applications approved with the DOB to meet the 2030 targets on time.

Good faith efforts could lower penalties

The penalty for exceeding building emissions limits is calculated as the difference between the emissions limit for the year and the actual emissions reported. Buildings face a penalty of $268 per metric ton of CO2 equivalent over the limit.

Levine says the vast majority of buildings in NYC are not going to be at risk of penalties for the first tier of reductions. "The city estimates that only 11 percent of buildings are out of compliance with the first set of standards," he says. 

However, if you fall in that bracket of non-compliance, the advice is to start analyzing the state of your building and establish the scope and cost of the work needed in order to be compliant.

Penalties will also be issued to buildings failing to file an emission report. These reports need to be filed each year and the fine for missing the deadline is calculated by multiplying your building’s gross floor area by $0.50.

Buildings can file for extensions and the documentation needed for this includes a report or contract with a professional hired to complete the emissions report or, if you are challenging your building’s square footage, any communications about this with the Department of Finance. 

In addition, NYC Accelerator is a city-sponsored organization that has outreach specialists to guide you through what you need to do to comply with the emissions regulations and reduce penalties.

https://www.brickunderground.com/improve/ask-an-expert-good-faith-effort-ll97-emission-cuts-avoid-penalties-climate-mobilization-co-op-condo-nyc

Comments on likely government shutdown

 First, shutdowns are expensive, and many government employees continue to work (like the military), but don't get paid. This time President Biden and Speaker McCarthy agreed on a plan, but the Speaker has been unable to deliver. So, the path forward isn't clear.


Second, there will be an impact on GDP from Goldman Sachs:

A government shutdown this year has looked likely for several months, and we now think the odds have risen to 90%. ... We continue to think a shutdown would last 2-3 weeks.

We have estimated a shutdown would subtract 0.2pp from Q4 GDP growth for each week it lasts ... We expect all data releases from federal agencies to be postponed until after the government reopens, except for releases from the Federal Reserve, which does not rely on congressional funding.
And from Nick Timiraos at the WSJ: Shutdown Would Blindfold Fed in Piloting Course on Rates. We will all be flying mostly blind without reports on employment, inflation, housing starts and more.  However, there will be some private data to fill the gap.

For housing, depending on the length of the shutdown, the impact would be on existing home closings in October. If the shutdown lasts for the entire month, I'd expect about a 10% decline in seasonally adjusted sales in October. If the shutdown only lasts a couple of weeks, there would probably be little impact. Some issues could be Tax transcripts, Flood Certs, and SS# Authorization.

Also, a shutdown increases uncertainty, and that might push up mortgage rates (investors hate uncertainty).

This is one of the "Four Horseman of the Q4 GDP Drag" (don't call it an "apocalypse", it probably won't be that bad) 
1) UAW Strike 
2) Likely Government Shutdown 
3) Student Loan Payments Resume 
4) Higher energy prices (oil up 14% YoY)
And for housing, 7.5% 30-year fixed mortgage rates.

NYC paves way for homeless to move upstate — after some towns refused to take migrants

 You won’t take our migrants, so here’s our homeless.

New York City is helping its homeless and low-income residents move upstate — after a slew of northern municipalities refused to take some of its asylum seekers.

The new plan rolled out by the city Tuesday will allow — for the first time — CityFHEPS housing-assistance vouchers to be used outside of the five boroughs where rents are cheaper and more living spaces are available.

The move comes after months of pleading by New York City Mayor Eric Adams for the rest of the state to take on some of the tens of thousands of migrants who have flooded into the city, leaving its shelter system in chaos.

He has even tried to get Gov. Kathy Hochul to force the issue, to no avail.

Now those areas could see the city’s homeless arrive in their towns instead with the change to the voucher program.

“We hope our partners across the state will greet these longtime New Yorkers with open arms and good job opportunities,” Adams said in a statement.

Mayor Eric Adams announced the changes to New York City’s housing-voucher program Tuesday.

“These reforms will give longtime New Yorkers the ability to move out of our city’s shelter system to other parts of the state with more affordable housing options, while simultaneously opening up space in our city’s shelter system for the approximately 10,000 migrants who continue to arrive in the city seeking shelter month after month,” Hizzoner said.

New York City currently has a record number of people in its shelter system with more than 113,000 in the city’s care, nearly 60,000 of whom are asylum seekers, while it also deals with a longstanding housing crisis.

The city’s voucher program allows those accepted to pay 30% of their income toward their rent while the Big Apple covers the remainder.

The voucher change is expected to take effect next week.

The city is dealing with a record number in the shelter system, fueled by the migrant crisis.
Stephen Yang

“With this critical statewide expansion of housing opportunities for CityFHEPS voucher-holders, we will be able to honor their choice to pursue stable housing and job opportunities anywhere in New York State, while better aligning the city-funded rental assistance program with federal rental assistance standards,” said New York City Department of Social Services Commissioner Molly in a statement.

About 15,000 families landed in permanent housing thanks to the program in fiscal year 2023, which was an increase of about 18% from the year prior.

It was unclear how many in the city’s shelter system would be eligible for the program, but asylum seekers cannot receive the help.

The City Council moved to ease some restrictions on the program earlier this year, dropping the 90-day requirement for those in the shelter system to become eligible for a voucher.

The change will allow vouchers given to those in shelters to be used outside of New York City for the first time.
Stephen Yang

The series of bills created a standoff between the council and Adams, who said the changes would cost $17 billion over the next five years.

But the council overrode Adams’ veto, making the changes law at the beginning of 2024.

“CityFHEPS is one of our most effective tools to keep people in their homes, prevent evictions, and transition people out of the shelter system into permanent housing,” said City Council Speaker Adrienne Adams and Deputy Speaker Diana Ayala in a joint statement Tuesday.

“This announcement to allow CityFHEPS to be used outside of New York City is a positive step that will help longtime New Yorkers find housing and economic stability,” the pols said.

https://nypost.com/2023/09/26/nyc-paves-way-for-homeless-to-move-upstate-after-some-towns-refused-to-take-migrants/