Practice:

Real Estate

Micah McOwen’s broad real estate experience includes representing owners, operators, investors, tenants and lenders on a variety of real estate transactions including commercial, residential, retail, hotel/casino, industrial and mixed use properties. With a diverse mix of clients—buyers and sellers, developers and equity investors, landlords and tenants, borrowers and lenders—he is able to evaluate and advocate each transaction from many perspectives. He has represented many different clients: individuals, trusts, family and other closely-held funds, local developers, private and public REITs, publicly-traded companies and institutional investors and lenders.  As a result, he is equally adept at guiding clients on transactions small and simple or large and complex, whether in New York City or throughout the United States.

With extensive experience in co-investments and other joint venture vehicles, Mr. McOwen has negotiated many real estate investment structures, including development project managers with “sliver” equity and promotes, 50/50 JVs, pref equity/mezz loans, passive fund investments, and multi-tiered structures with 5 or more equity partners. He also has significant experience with negotiating leases for both landlords and tenants, not only general office but also subleases, groundleases, sale-leasebacks etc. His experience on behalf of tenants ranges from short-term office subleases to headquarters leases with purchase options, and he has assisted landlord clients with long-term development and REIT leases as well as numerous office leases (including the first commercial office lease at 1 World Trade Center).  Mr. McOwen is also assisting clients explore new territory in potential blockchain applications to real estate.

Before becoming an attorney, Mr. McOwen evaluated properties for environmental compliance issues and advised owners and lenders of potential liabilities under RCRA, OSHA, the Clean Water Act and other environmental regulations.

Mr. McOwen has also served as pro bono counsel to a number of New York not-for-profits with real estate needs, including sales, leases and negotiations with the Attorney General’s office. He was a founding associate board member of the New York Legal Assistance Group.

Mr. McOwen has also served his local Westchester community as trustee of the Mount Vernon City School District since 2015.

Mr. McOwen’s publications include:

Peter Fisch, Harris B. Freidus & Micah J. B. McOwen, Preferred Equity and Mezzanine Loans as Subordinate Financing Tools, N.Y.L.J. (November 30, 2011).

Andrew H. Levy & Micah J. B. McOwen, When New York Law Governs Out-of-State Collateral, N.Y.L.J. (March 14, 2011).