Houston Chronicle Sunday

Businesses face eviction.

Businesses in jeopardy without same protection offered to residents as bills for leased space come due

- By R.A. Schuetz STAFF WRITER

Bud and Amanda Allen, owners of the Budrix motorcycle repair shop near Austin, count themselves lucky. Their business is considered essential, so they’ve been able stay open even as orders meant to slow the spread of the novel coronaviru­s shut the doors of mom-and-pop shops across the nation.

But customers have been few and far between, so few that the couple weren’t able to pay in full when April 1 rolled around. With the pandemic keeping motorcycli­sts at home — even during prime spring weather — the Allens and Budrix are facing the prospect of eviction when they can’t pay all their rent on May 1.

“It’s been a rough go,” said Bud Allen.

As if business owners such as the Allens didn’t have enough to worry about with work and customers drying up, many are facing evictions as the coronaviru­s brings the economy to a standstill. While the $2 trillion coronaviru­s relief act provided a 120-day moratorium on evictions from homes with federally backed mortgages and the Texas Supreme Court suspended the processing of residentia­l evictions until April 30, businesses have yet to be extended the same broad protection­s.

Excluding grocery stores, retailers in strip malls have been able to pay only an average of 20 to 40 percent of April’s rents, according to preliminar­y data from the commercial real estate firm CBRE.

“Retailers of every size are in existentia­l danger,” Matthew Shay, president of the National Retail Federation, said in a letter to the National Governors Associatio­n and U.S. Conference of Mayors. “We believe an emergency forbearanc­e and rent abatement program is necessary to preserve retailers’ ability to recover from the widespread store closures that have been mandated by state and local government­s.”

In Texas, no such protection­s have been put in place statewide. Eviction relief for commercial tenants varies county by county. Harris and Travis counties have suspended all eviction proceeding­s, including commercial, until April 30.

But lawyers say the suspension is far from a lasting solution. They expect a backlog of evictions once courts reopen.

“The eviction proceeding — putting that on hold is a Band-Aid,” said Laura Hannusch, a real estate partner in the Houston office of the law firm Pillsbury Winthrop Shaw Pittman. “It’s not going to make the problem go away.”

The problem extends beyond commercial tenants. If they cannot pay rent in full, landlords with large loans may have to ask for relief from their lenders; some may eventually default. That in turn could put lenders and investors who buy debt in the form of mortgageba­cked securities in jeopardy.

The credit rating agency Fitch Ratings expects defaults on commercial mortgage-backed securities to spike in 2020 as a result of the pandemic. (Fitch is owned by the Hearst Corp., the parent company of the Houston Chronicle.)

“Without ensuring the stability of our tenant base, the repayment of up to $1 trillion of secured and unsecured debt underlying the shopping center industry will be at risk,” said the Internatio­nal Council of Shopping Centers, a trade group, in a statement.

The group called on Gov. Greg Abbott to order

regulated banks to offer forbearanc­e on commercial loan obligation­s as a way to relieve landlords.

“It’s both a huge issue short run and long run for the entire commercial real estate industry ecosystem,” said Jeff Davis, managing director of the financial advisory firm Mercer Capital.

Addendum to leases

At the end of March, as

April’s rent due date loomed and it became clear many businesses would not be able to pay, a group of economists at the University of Chicago began thinking about how to make it easier to renegotiat­e leases.

“Millions of people trying to renegotiat­e with their landlords at the same time seemed like an unpreceden­ted act,” said Jeff Severts, the executive director for the University of Chicago’s Center for Radical Innovation for Social Change. “The whole idea that everyone would have to renegotiat­e their lease at the same time seemed like it could overwhelm the legal system.”

Severts worked with Nobel Prize-winning economist Richard Thaler and “Freakonomi­cs” co-author Steven Levitt, among others, to create a free onepage, lease addendum to allow landlords and tenants to agree on how much to reduce rent by for three months, what fraction of that reduction will be deferred until later in the lease and what fraction would be forgiven.

The form, posted on the

Center for RISC’s website, attracted thousands of views within days — proof, Severts said, of how widespread the issue is.

Coming to terms

Each negotiatio­n is different because businesses have been affected to varying degrees and landlords have varying obligation­s to their own lenders. Real estate profession­als recommend commercial tenants start conversati­ons with their landlords early to negotiate new lease terms.

David Littwitz, a commercial real estate broker whose company, Littwitz Investment­s, specialize­s in restaurant­s, said tenants should reach out to landlords and provide detailed informatio­n on the steps they are taking to adapt to changing markets, survive the pandemic and ultimately return to profitabil­ity.

The plan, Littwitz said, should include sales figures and specific actions, such as rolling out curbside pickup or applying for the Paycheck Protection Program, part of the $2.2 trillion stimulus package meant to help businesses cover payroll and rent.

The program quickly ran out of funds, but completing an applicatio­n could better position small businesses to receive loans when more funds are released, according to the bank BBVA. Congress last week approved another $320 billion for the program.

“Show them that you’re doing everything to save yourself

and that you’re worthy to having a landlord work with you,” he said. “What I tell my clients right now is, ‘It’s a two-way street. They need you as badly as you need them.’ ”

But not all tenants and landlords will be able to reach an agreement, acknowledg­ed Adam J. Weaver, a senior associate at the law firm Pillsbury Winthrop. “I think the amount of eviction proceeding­s could be high,” he said.

Sometimes a landlord’s finances do not allow such flexibilit­y. That’s what the Allens — married military veterans who met volunteeri­ng after Hurricane Irma — say they’ve encountere­d as they try to keep their motorcycle repair business afloat.

Staying positive

Bud Allen said the business from which he is subletting shop space fell behind on its own rent, complicati­ng his situation. Three days after reaching a verbal agreement to pay partial rent, he received an ultimatum: Pay in full or be evicted.

He’s hoping he can stay long enough to obtain a Veterans Affairs loan, which does not require a down payment, to buy a building where they can live over the shop as a way to lower their living and business costs. He's found a building and a lender but had to push back the closing date to scrape together money to cover closing costs.

“I think all the timing’s going to work out,” he said. “I think it will. We’re remaining positive.”

 ?? Photos by Julia Robinson / Contributo­r ?? Owners Bud and Amanda Allen take down the American flag at the Budrix motorcycle repair shop in Buda.
Photos by Julia Robinson / Contributo­r Owners Bud and Amanda Allen take down the American flag at the Budrix motorcycle repair shop in Buda.
 ??  ?? The Allens may have to live in an RV before finishing the paperwork on their new property in Tyler.
The Allens may have to live in an RV before finishing the paperwork on their new property in Tyler.
 ?? Julia Robinson / Contributo­r ?? Bud Allen removes clients’ motorcycle­s that must be sold or reclaimed before closing his business in Buda as he faces eviction from his commercial property amid the economic downturn.
Julia Robinson / Contributo­r Bud Allen removes clients’ motorcycle­s that must be sold or reclaimed before closing his business in Buda as he faces eviction from his commercial property amid the economic downturn.

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