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Beyond ‘applicable laws': Considering environmental compliance and sustainability provisions for commercial real estate lenders
- April 1, 2025: Vol. 37, Number 4

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Beyond ‘applicable laws’: Considering environmental compliance and sustainability provisions for commercial real estate lenders

by Heather Horowitz

Sustainable and climate-resilient buildings, particularly those reducing greenhouse-gas emissions from buildings, have become a hot topic in many local jurisdictions, especially in commercial real estate development, building operations and maintenance. Municipalities are prioritizing sustainable real estate, and “green” buildings are often associated with higher rents, occupancy rates and valuations, according to Richard J. Sobelsohn in Keeping Your Eye on the ESG Sustainable Development Ball. Likewise, climate risk assessment and climate resilience are increasingly top of mind as extreme weather events and major disasters have become more prevalent, such as the recent devastating Southern California wildfires and an uptick in windstorms, cyclonic events and hundred-year floods, says FEMA.

Examples of municipalities using regulations to move the industry forward exist in New York; California; and Washington, D.C. In New York City, Local Law 97, enacted in 2019,

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