Multifamily Housing Law in Omaha
WE KNOW MULTIFAMILY LAW
Goosmann Law Firm represents clients in a wide variety of multifamily housing
transactions, including complex commercial real estate transactions and
a variety of multifamily housing litigation cases. We represent property
management companies, business owners, developers, real estate agents,
engineers, corporations, limited partnership companies, individuals, and
new apartment community owners.
Our attorneys advise, negotiate, draft documents, and close deals on multifamily
housing transactions involving acquisitions and dispositions, mergers,
development, financing, leasing, restructuring and workouts, zoning, land
use, debt, regulatory and environmental issues. In addition, we work with
property management companies and owners in matters relating to lease
agreements, covenants, and defending against Fair Housing complaints.
Our attorneys are experienced in all aspects of the real estate industry
and can assist clients with a variety of solutions specific to the multifamily
housing industry. Our experience and extensive knowledge of the real estate
industry make your investment in our legal team worth it.
Commercial and Investment Real Estate Transactions
At Goosmann Law Firm, our attorneys are experienced in representing buyers,
sellers, owners, investors, developers, and renters in providing real
estate services to both multifamily and commercial clients. Our background
in the multifamily housing and commercial real estate communities provides
us with the ability to better understand client goals and needs in their
Our comprehensive knowledge in the multifamily and commercial real estate
industry means our attorneys can assist clients with a variety of real
estate transactions relating to commercial and investment properties,
including negotiating, drafting and reviewing documents for the development,
acquisition, financing, leasing, exchange and sale of commercial and investment
Our practice involves legal review and representation of all commercial
real estate uses, including retail, office, multi-family, mixed-use, condominium,
and industrial. We have clients of all sizes and types. Our attorneys
can handle all types and sizes of commercial real estate transactions,
including the purchase, sale, refinance and leasing of multi-family properties,
office buildings, shopping centers, and other commercial properties for
both individuals and businesses.
Multifamily Property Transactions: Purchase, Sale, Refinance, and Litigation
Our experience closing the sale and purchase of multifamily properties
and advising owners and property management companies of multifamily properties
on a daily basis, allows us to represent each of our clients in an individualized
approach specific to the client’s need. At Goosmann Law Firm, we
take great satisfaction helping our clients with the purchase, sale, or
refinance of multifamily properties. We provide litigation representation
and are involved with local, State and national apartment associations
so we can advocate for our clients at all stages, in and out of court.
Our involvement in the real estate and multifamily housing communities
has provided our attorneys the ability to structure purchase and sale
contracts to better meet our clients’ needs.
Property Management Regulation
We support our clients with their property management needs. Laws and regulations
specifically related to multifamily housing are constantly changing. We
stay ahead of those changes to help owners and property managers of multifamily
housing maintain compliance in their policies and procedures. Goosmann
Law Firm’s experience in protecting the business interests of owners
of apartment communities and property management companies allows us to
draft leases, policies and addendums that meet with business objectives
while staying within State regulatory compliance.
Day-to-day operation of apartment communities can be demanding, given the
various regulations and ever-changing laws. We work hard to try and help
our clients recognize opportunities for future growth and seek an increased
return on investment. To serve our clients, we represent multifamily property
owners and managers in all applicable areas of law, including:
- Drafting and Revising Lease Agreements and Lease Addendums
- Revising and Creating Apartment Community Rules and Regulations
- Eviction Hearings and Appeals
- Assisting with Lease Violations and Lease Terminations
- Defending Against Fair Housing Complaints
- Addressing Maintenance and Environmental Complaints
- Ensuring Compliance with Landlord and Tenant Laws
- Advising and Establishing Strategies for Management Policies and Procedures
State and Federal Advocacy
Our attorneys advocate at the local, State and Federal levels even before
they have been retained for a specific matter. Locally, they serve as
board members and chair committees for the Apartment Association of Nebraska
(AAN) and the Nebraska Association for Commercial Property Owners (NACPO).
They are also involved in testifying before the Nebraska State Legislature
on issues related to the multifamily housing and commercial real estate
industry. Nationally, they sit on committees for the National Apartment
Association (NAA) and serve as the lease attorney for Nebraska. They regularly
attend the NAA Advocate conference in Washington, D.C., where the NAA
meets with Federal lawmakers to advocate on behalf of the multifamily industry.
Individuals who are denied residence in a rental dwelling, who are evicted
from a rental home, or who believe they’ve been unfairly treated
sometimes claim they are the victims of housing discrimination because
of race, gender, national origin, sexual orientation or other factors.
Fair Housing complaints are investigated thoroughly and can result in
large fines if validated by the investigating body.
The Fair Housing Act (FHA), seeks to prevent discrimination based on race,
color, national origin, sex, religion, familial status, and disability.
It has been amended to protect other classes, including discrimination
based on sexual orientation. Discrimination based on these protected classes
violates both Federal and sometimes State law, which can result in heavy
penalties to multifamily housing communities who have been accused of
violating the FHA.
Fair Housing complaints trigger a fact-intensive investigation into multifamily
housing operations and management, requiring an individualized review
of the circumstances. The Fair Housing laws are not always straightforward
or simple and the answer is often “it depends”.
Our attorneys can provide Fair Housing training to your onsite staff and
management to ensure the FHA is being adhered to. In addition to training
your communities, our attorneys have extensive knowledge in defending
multifamily housing clients in Fair Housing investigations and complaints.
Lease Agreements: Drafting, Review, & Addendums
The National Apartment Association provides lease agreements that many
management companies use. Others use lease agreements they have drafted
themselves or have found a template online. Regardless of where you obtained
your lease agreement or addendums, even if they were from the NAA, we
help our clients review or revise them to ensure compliance with the ever-changing
laws, rules and regulations.
Goosmann Law Firm’s continuous involvement in the multifamily industry
and our experience in court arguing and interpreting these lease agreements
provide us with an unparalleled understanding of the issues our clients
face. Such understanding helps us address our clients’ needs when
drafting, reviewing, or revising their lease agreements. Appearing in
court daily, we understand which provisions are often litigated and how
to protect your interests at the drafting stage.
Environmental Concerns and Complaints
Environmental claims are defensible but can create larger problems with
the city or your insurance carriers, so they must be taken seriously.
Liability and cost can become significant if these issues are not handled
promptly and accurately. Our attorneys work with clients up front to conduct
environmental due diligence to best prevent claims from arising. If a
claim does arise, our commercial real estate attorneys have significant
experience working with property owners, managers, and insurers to mitigate
environmental claims and, if necessary, work with you to provide defense
against environmental complaints.
Our litigation attorneys at Goosmann Law Firm are no stranger to the courtroom,
as we regularly appear in courts throughout Nebraska, Iowa and South Dakota
on behalf of our real estate and multifamily housing clients. We advocate
for our clients in court daily in order to obtain restitution of their
property, foreclose, and to enforce lease agreements and other governing
documents. We defend our clients against lawsuits filed against them in
county, district and federal court, always keeping the client’s
goals a priority.
Property Tax Appeals
At Goosmann Law Firm, we assist clients with tax appeals of commercial
properties and work with experienced appraisers and real estate experts
to obtain opinions specific to your property. Often with property taxes
and appeals, there are strict deadlines and filing requirements that our
attorneys can help you with. Review of your property taxes and the appeals
process can be extremely important for your multifamily and commercial
properties and will likely require an in-depth analysis and market review.
Our attorneys have the knowledge and experience to help you through this
complicated and time sensitive process.
Landlord and Tenant Insolvency and Bankruptcy Matters
Goosmann Law Firm represents local, regional and national companies in
a variety of bankruptcy and creditors’ rights matters, from the
complex to the routine, in both business and consumer bankruptcy situations.
Our attorneys help our multifamily housing clients navigate bankruptcy
court proceedings when their tenants file for Chapter 7 or Chapter 13
Bankruptcy relief. Tenants who are facing eviction may attempt to delay
or prevent eviction by filing for bankruptcy. Our bankruptcy attorneys
obtain relief from the automatic stay provisions of the Bankruptcy Code
so our multifamily housing clients may proceed with eviction. We obtain
adequate protection and past due rent for tenants who want to assume their lease.
For those tenants who file Chapter 13 and submit a plan of reorganization,
we file claims with the bankruptcy court on behalf of our multifamily
housing clients for past due rent and for damages under the lease agreement.
In situations where the tenant has willfully damaged property, our attorneys
can petition the bankruptcy court so that our client’s claim for
damages is exempt from the bankruptcy discharge. Our dedicated team of
attorneys understand your rights as a creditor when a tenant files bankruptcy
and can move swiftly to protect your property and interest.
Our team of bankruptcy attorneys also represent our financially stressed
multifamily housing clients in restructuring loans out-of-court. For those
clients who are insolvent and are unable to reach an out-of-court workout,
our team of bankruptcy attorneys are here to help you file Chapter 11
Bankruptcy Reorganization and to proceed safely to protect your business
GOOSMANN ATTORNEY REPRESENTS REAL ESTATE COMPANY AND REDUCES CLIENT PROPERTY
TAX VALUATION NEARLY $2.7 MILLION
A Goosmann Attorney successfully appealed a tax assessment in the state
of South Dakota for a real estate company. The Goosmann Attorney was able
to reduce the valuation by nearly $2.7 million. This led to the client
saving $60,000 annually on taxes for the next several years.