
contact information
P (212) 705 4898
F (212) 593 9175
lerbst@fkks.com
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areas of expertise
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Lauren Erbst specializes in commercial and residential real estate law.
Ms. Erbst has 15 years of experience handling all aspects of commercial real estate – including leasing, acquisition, disposition, financing, investment and development. She represents both landlords and tenants in negotiations for office, retail, restaurant, warehouse and medical leases. Ms. Erbst negotiates and drafts term sheets, guarantees, assignments, subleases, licenses, amendments (including extension, expansion, surrender, relocation and recapture agreements), consents, subordination and non-disturbance agreements, estoppel agreements, letters of credit, property and asset management agreements, and virtual office and services agreements.
Ms. Erbst also represents purchasers and sellers in all aspects of the acquisition and disposition of commercial properties. She has extensive experience advising on real estate financings and investments, including commercial mortgage and mezzanine financing, joint venture and development agreements. Ms. Erbst negotiates development rights transactions including license agreements, purchase and sale agreements and zoning lot development and easement agreements. She advises owners and tenants in connection with construction projects, including contractor, architect and designer contracts. She also represents residential and commercial purchasers and sellers in condominium and cooperative transactions.
Some of Ms. Erbst’s recent transactional representations include:
- advising a New York City based real estate developer in the sale of development rights
- advising a midsize law firm on its 55,000 square feet office lease in the financial district
- advising an Iron Chef in leasing restaurant space in Tribeca
- advising a family-managed owner/developer in a $23 million mortgage financing secured by 3 residential rental buildings
Ms. Erbst is admitted to practice law in New York and New Jersey.
education
The George Washington University (BBA and BA, cum laude, 2002)
Fordham University School of Law (JD, 2005)
- Member of the Fordham Intellectual Property, Media & Entertainment Law Journal
Upcoming Speaking Engagements
Past Speaking Engagements
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 2)
In Part 2 of our “More Than Just Hand Sanitizer” series we'll help you learn how to implement the policy and procedural changes, as well as the physical changes, necessary for a return to the workplace. Read more.
May 20 2020
news & press
New York State Reopens—and Increases Capacity for—Restaurants and Entertainment Venues
While face coverings and 6 feet social distancing are still required, New York businesses are eager to reopen to the public and increase their capacities. We give a rundown of New York State reopening and increased capacity for restaurants, stadiums, arenas, arts and entertainment, amusement centers, movie theatres and in-person catered events. Read more.
New York Places New Restrictions on Residential Evictions and Foreclosures
On December 28, 2020, New York enacted the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 which, among other things, prevents residential evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the pandemic. Read more.
New York Extends Commercial Eviction and Foreclosure Moratorium and Reopens Movie Theaters
On October 20, 2020, Governor Cuomo extended through January 1, 2021 the New York Executive Order prohibiting the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage. Read more.
New York City Expands Open Restaurants Program
New York City has recently made permanent its Open Restaurant Program. Under this program, restaurants are now permitted to use heating and enclosures, and expand seating to adjacent properties with neighbors’ consent. Read more.
New York Extends Restrictions on Evictions, Foreclosures, and Enforcement of Personal Liability Provisions
The ongoing pandemic continues to affect New York real estate landlords and tenants. We provide an update on recent developments. Read more.
New York Permits Gyms, “Low-Risk” Arts & Entertainment, Amusement Parks, Gaming Sites, Malls and Restaurants to Reopen With Restrictions
We provide an update on Governor Cuomo’s four-phase New York Forward Plan to gradually permit businesses to reopen by region in New York State. Read more.
CDC Issues Residential Eviction Moratorium
On September 4, 2020, Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS) issued a federal ban on residential evictions until December 31, 2020 to stop the spread of COVID-19. Read more.
New York Extends COVID-Related Real Estate Laws
On August 5, Governor Cuomo extended the New York Executive Orders affecting tenants and property owners and on August 12, 2020, New York’s Chief Administrative Judge Lawrence Marks procedurally extended the eviction moratorium. Read more.
New York Revises Real Estate Foreclosure Procedures
On March 20, Governor Cuomo issued a blanket moratorium on foreclosure by lenders of any residential or commercial property until June 20, 2020. This protection was extended to August 20, 2020 for residential or commercial mortgages owned by someone “that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic. On June 24, 2020, New York’s Chief Administrative Judge Lawrence Marks procedurally extended the foreclosure moratorium by forbidding until August 20, 2020: (1) entertaining or deciding any foreclosure cases other than motions to discontinue a pending case and (2) issuing judgments of foreclosure except for vacant and abandoned property. Read more.
12 Must Reads for the CRE Industry Today (July 2, 2020)
The National Real Estate Investor shared Lauren Erbst’s alert on New York’s updated pandemic foreclosure procedures. View Article
New York Updates Pandemic Foreclosure Procedures
On March 20, Governor Cuomo issued a blanket moratorium on foreclosure by lenders of any residential or commercial property until June 20, 2020. This protection was extended to August 20, 2020 for those residential or commercial mortgages owned by someone “that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic.” Read more.
New York Empowers Businesses and Commercial Building Owners to Require Masks and Temperature Checks
As New York State begins reopening for business, Governor Cuomo gave businesses the right to protect themselves by enacting two New York State Executive Orders. Read more.
NYC COVID-19 Relief Package Will Help Restaurants and Certain Small Commercial Tenants
On May 26, 2020, New York City Mayor Bill de Blasio enacted legislation to help certain small businesses and restaurants in New York City that have been impacted by the COVID-19 pandemic. Read more.
New York Real Estate and COVID-19: New Relief for Landlords and Tenants
Residential and commercial tenants experiencing pandemic-related financial hardship have been waiting for additional legal relief. On Friday, May 7, 2020, they got it when Governor Cuomo updated the COVID-19 Emergency Executive Orders for residential tenants and commercial tenants. Read more.
COVID-19 and Commercial Leasing: What New York Landlords and Tenants Need to Know
A series of New York Executive Orders in response to COVID-19 are now interrupting normal business operations for nearly all landlords and commercial tenants -- including in the office, retail, restaurant and manufacturing sectors. Read more.