Trey Jackson – Page 7 – The Real Estate Roundtable

John C. Cushman, III, Industry Legend, Roundtable Leader, and Iconic Pillar of Cushman & Wakefield

Posted on May 6, 2023October 27, 2023 by Trey Jackson

John C. Cushman, III—Cushman & Wakefield’s chairman of global transactions, real estate industry titan for 60 years, and one of the founding members of The Real Estate Roundtable—passed away yesterday.

Industry Icon

Real Estate Roundtable Chair John Fish (Chairman and CEO, SUFFOLK) said, “As a founding member of The Roundtable, and later as a member of our Board of Directors, John Cushman consistently helped us with his knowledge, his relationships and his voice. John’s legacy will live on in the real estate industry and in the countless communities he touched.”
“The loss of John Cushman is a sad day,” said Jeffrey DeBoer, Roundtable President and CEO. “John’s personable and passionate approach to life was unique and inspiring. His sharp focus on structuring real estate transactions to meet the needs of business tenants and building owners was unparalleled. Time and again he rallied the industry to support positive economic and job growth initiatives. He made an enormous contribution to the commercial real estate industry—and to The Real Estate Roundtable’s advocacy efforts. The Roundtable, and I personally, will deeply miss him. We will always remember him as a generous, kind, and thoughtful friend.”
Cushman & Wakefield Executive Chairman Brett White said, “John was an extraordinary businessperson and global citizen who significantly impacted Cushman & Wakefield, the commercial real estate industry and broader community.”
The Cushman family stated, “John’s successes in commercial real estate were extremely notable but his positive impact on so many careers are what mattered to him even more. John always valued the importance of giving back and was a staunch supporter of many philanthropic efforts. His contributions to so many organizations will contribute to his legacy.” (John Cushman’s community involvement)

An Exemplary Career

(John Cushman with Jeffrey DeBoer at a Real Estate Roundtable meeting)

Over the course of his career, John Cushman played an essential role in advancing Cushman & Wakefield to its position as one of the top commercial real estate firms in the world. Prior to his becoming chairman of global transactions and co-chairman of the Board of Cushman & Wakefield, John was acknowledged as the top office-leasing broker in the United States. (List of clients and assignments)
He began his career in 1963 in New York City with Cushman & Wakefield, founded by his grandfather John Clydesdale Cushman and his great uncle Bernard Wakefield. In 1967, he moved to Los Angeles to open Cushman & Wakefield’s first office in Southern California. In 1965, as President of the Western Region, he was responsible for 60% of Cushman & Wakefield’s offices in the United States.
John and his twin brother, Louis B. Cushman, started their own firm in 1978, Cushman Corporation Realty, which they grew from two offices to operations in 11 US cities with over 200 employees. In September 2015, Cushman & Wakefield merged with DTZ, with the newly formed organization retaining the storied Cushman & Wakefield name. In 2017, John served as chairman of the Centennial Committee for Cushman & Wakefield’s 100th anniversary.
Cushman & Wakefield is now among the largest real estate services firms with 52,000 employees in over 400 offices and approximately 60 countries. In 2022, the firm had revenue of $10.1 billion across core services of property, facilities and project management, leasing, capital markets, and valuation and other services.

The Cushman family respectfully asks that individuals who would like to make a gesture in John’s honor visit a national park site or make a donation to the National Park Foundation on behalf of John C. Cushman, III.

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Real Estate Coalition Backs Bill to Support Multifamily Housing Construction

Posted on May 6, 2023October 27, 2023 by Trey Jackson

The Real Estate Roundtable and 11 other national industry organizations on May 2 expressed their support for legislation that would bolster the Federal Housing Administration’s (FHA) ability to finance multifamily housing construction throughout the country. The joint letter backed a discussion draft released on April 26 by Sen. Bob Menendez (D-NJ) before a Senate Banking, Housing, and Urban Affairs Committee hearing, “Building Consensus to Address Housing Challenges.” (Coalition letter)

Housing Supply Constraints

The industry coalition letter noted how FHA’s base statutory limits define the number and size of multifamily mortgages that the Department of Housing and Urban Development (HUD) can insure nationwide. The letter also emphasized how FHA’s multifamily insurance programs need to capture the true cost of current apartment construction using a more accurate price index.
Menendez, a senior member of the Banking Committee, stated during the hearing that his measure would increase FHA’s multifamily lending authority throughout the country for the first time in 20 years, enable the agency to better support apartment construction, and ultimately bring down rental costs. (Hearing video clip and Menendez news release, April 26)
FHA’s statutory limits are now significantly below current multifamily construction costs, which poses an unintentional regulatory barrier to middle-income housing.
The joint letter also recommended that FHA track residential construction costs more accurately by changing the index used for future annual inflationary adjustments—from the Consumer Price Index (CPI) to the Census Bureau’s Price Deflator Index of Multifamily Residential Units Under Construction.
FHA’s base limits for 2022 would be 26% higher than their current estimates by using the Price Deflator index instead of CPI.
FHA’s current limits and inaccurate price index now consider communities throughout the nation—from Columbia, South Carolina to Cleveland, Ohio—as “high-cost areas,” thereby constraining urgently needed workforce housing projects across the country.

Other Legislation

Other housing issues discussed during the hearing included zoning and land use regulation, limiting regulation, and the Low-Income Housing Tax Credit (LIHTC).
Senate Banking Committee Ranking Member Tim Scott (R-SC), above, discussed his newly proposed discussion draft of the Renewing Opportunity in the American Dream (ROAD) to Housing Act, which seeks to reform housing programs and prioritize HUD grants to recipients located in communities designated as Opportunity Zones.
The National Multifamily Housing Council (NMHC) and National Apartment Association (NAA) submitted testimony for the April 26 committee hearing. (NMHC news release summary, May 1)

As Congress aims to advance bipartisan housing bills in the coming months, The Roundtable will continue to support innovative policy solutions and development incentives to develop increase the supply of affordable housing.

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Policymakers Face Debt Ceiling Crunch After Treasury Forecasts June “X Date”

Posted on May 6, 2023October 27, 2023 by Trey Jackson

Pressure on Congress and the White House ratcheted up this week after Treasury Secretary Janet Yellen warned that the U.S. could default on its $31.4 trillion debt as early as June 1. President Joe Biden will meet on May 9 with House Speaker Kevin McCarthy (R-CA), Senate Minority Leader Mitch McConnell (R-KY), Senate Majority Leader Chuck Schumer (D-NY), and House Minority Leader Hakeem Jeffries (D-NY) to discuss raising the US debt limit and Republican concerns about federal spending levels. (Treasury letter, May 1 | Bloomberg and New York Times, May 2)

Looming Deadline

The estimated date that Treasury will run out of money to pay its bills is called the “X date.” Moody’s Analytics Chief Economist Mark Zandi told the Senate Budget Committee yesterday that the best case scenario for hitting the X date is August 8 and the worst is June 1. (BGOV, May 5)
Zandi testified, “The Treasury debt limit drama is heating up and is sure to get much hotter in coming weeks as we have a better understanding of the 2023 tax filing season and the actual X-date.”
Zandi also noted how a debt ceiling extension could be combined with annual budget talks. “If the X-date is as soon as early June, it seems a stretch for lawmakers to come to terms fast enough, and they instead will decide to pass legislation suspending the limit long enough to line the X-date up with the end of fiscal 2023 at the end of September. This will buy time and combine the debt limit decision with the federal government’s fiscal 2024 budget, which is also must-do legislation for lawmakers to ensure the government is funded and avoids a shutdown,” Zandi stated. (Senate Budget Committee hearing, May 4)
Office of Management and Budget Director Shalanda Young suggested this week that the White House may be open to a short-term debt ceiling extension. “I’m sure one of the things on the table we will have to work through is how long. I’m not going to take anything off the table,” Young said. (Reuters and The Hill, May 4)

Policy issues related to raising the debt ceiling and CRE market conditions will be discussed be during The Roundtable’s all-member meeting on June 13-14 in Washington, DC.

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House Republicans Pass Debt Ceiling Bill

Posted on April 28, 2023October 27, 2023 by Trey Jackson

House Republicans this week narrowly passed legislation—the Limit, Save, Grow Act (H.R. 2811)—that would slash government spending and rescind much of the Biden administration’s climate-related incentives in an effort to spur bipartisan talks on raising the nation’s $31.4 trillion debt ceiling. (Roll Call, April 26 and Reuters, April 27)

Avoiding Default

The White House issued an April 25 Statement of Administration Policy that the GOP bill would be vetoed if it ever made it to President Biden’s desk. Biden added he is willing to meet with House Speaker Kevin McCarthy (R-CA), but that extending the debt limit is “not negotiable.” Senate Majority Leader Chuck Schumer (D-NY) responded to passage of the House bill by stating it “has no hope of ever becoming law.” (Schumer Floor Remarks, April 27)
The Congressional Budget Office released an analysis this week showing that H.R. 2811 would reduce $4.8 trillion from the deficit by setting caps on federal spending over the next 10 years—with an additional $570 billion in savings coming from rescinding energy tax provisions passed in the Inflation Reduction Act. (Tax Notes, April 27 and Roundtable Weekly, Aug. 12, 2022)
Mark Zandi, the chief economist at Moody’s Analytics testified before Congress last month that if no resolution to the debt limit is reached before mid-August, “a default would be a catastrophic blow to the already-fragile economy.” (Zandi’s written testimony, March 7)
A previous standoff over the debt limit in 2011 led to a downgrade of the government’s credit rating, which pushed borrowing costs higher. (ABC News, Jan. 24)

Roundtable Response

The Roundtable and 13 other national real estate organizations sent a joint letter last month urging congressional leaders to raise the debt limit to avoid agitating the stability of U.S. financial markets and roiling significant sectors of the American economy unnecessarily. (Coalition letter, March 29)
Real Estate Roundtable Chair John Fish, right above, (Chairman and CEO, SUFFOLK) and President and CEO Jeffrey DeBoer, left, have also called on Roundtable members to contact both policymakers in Congress and the White House to raise the debt ceiling. (Roundtable Weekly, Jan. 20)
DeBoer said, “Some threats to the U.S. economy are unavoidable, others are ones of our own making and entirely unnecessary. The potential for a default on the federal debt is a needless and inexcusable risk with potentially dire consequences for U.S. real estate, workers and retirees, and the entire economy. The full faith and credit of the United States government should not be open to negotiation.”

The impact of negotiations over federal spending and raising the debt ceiling on the national economy and CRE markets was a focus of discussion during The Roundtable’s Spring Meeting this week (see story above). It is possible that intense discussions among DC policymakers on these issues will be underway during The Roundtable’s all-member meeting on June 13-14 in Washington, DC.

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Roundtable Members, Policymakers Discuss Key National Issues

Posted on April 28, 2023October 27, 2023 by Trey Jackson

Real Estate Roundtable members and policymakers met this week to discuss pressing issues affecting CRE, including return-to-work trends, the looming refinance wave, the debt ceiling, and affordable housing challenges. The Roundtable 2023 Spring Meeting also focused on tax, climate, and regulatory proposals. (The Roundtable’ Policy Priorities and Executive Summary, April 24)

Speakers & Policy Issues

Roundtable Chair John Fish (Chairman & CEO, SUFFOLK), below left, and Roundtable President and CEO Jeffrey DeBoer, right, led policy issue discussions featuring the following guests:

Gina Raimondo, U.S. Secretary of Commerce
Secretary Raimondo, center, discussed how the Commerce Department is investing billions in federal funds in infrastructure, manufacturing, and other industries to generate jobs and economic growth. The former governor of Rhode Island also focused on her recent “Million Women in Construction Initiative” during a National Public Radio Marketplace interview later the same day.

Sen. Tim Kaine (D-VA)
As a member of the Senate Budget and Foreign Relations Committees, Sen. Kaine offered his insights on negotiations surrounding the debt ceiling, global trade, and efforts to revise federal remote work policies aimed at getting government employees back to their offices. (The Roundtable’s workplace return efforts, Commercial Observer, April 14)

Rep. French Hill (R-AR)
Serving as Vice-Chair of the influential House Financial Services Committee and Chairman of its new Subcommittee on Digital Assets, Financial Technology and Inclusion, Rep. Hill addressed economic issues and CRE, debt ceiling negotiations, the banking system, and monetary policy. Yesterday, the Financial Services Committee approved two bills sponsored by Rep. Hill to expand capital formation.

Phillip Swagel, Director, Congressional Budget Office
The government’s fiscal trajectory; the impact of high interest rates on federal revenue and spending; and long-term trends in social security, immigration, and the national debt were among the topics discussed by CBO Director Swagel. (The Fiscal Times, April 25)

Sharon Wilson Géno, President, National Multifamily Housing Council
A Roundtable member exchange on policy issues included an update on affordable housing challenges facing the industry by NMHC’s President Géno. Capital concerns affecting multifamily and commercial markets were also a topic in a recent Walker Webcast featuring Géno and The Roundtable’s DeBoer, hosted by Roundtable Member Willy Walker (Chairman & CEO, Walker & Dunlop).

Kevin Warsh, Former Member of the Federal Reserve’s Board of Governors
Mr. Warsh, right, a member of the Fed from 2006-2011, discussed the central bank’s potential actions affecting commercial real estate markets, the wave of CRE debt maturities, and the future of the office sector, with Roundtable Treasurer Thomas Flexner, left, Vice Chairman and Global Head of Real Estate, Citigroup.

Next on The Roundtable’s meeting calendar is the all-member Annual Meeting on June 13-14 in Washington, DC.

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Federal Appeals Court Strikes Local Natural Gas Ban on New Construction

Posted on April 22, 2023October 27, 2023 by Trey Jackson

A federal appeals court on Monday struck a local law that banned natural gas hook-ups to new buildings. (Wall Street Journal, April 17 and AP News, April 18)

State and Local Gas Bans

In California Restaurant Ass’n v. City of Berkeley, the Ninth Circuit Court of Appeals ruled that a Berkeley, California ordinance was illegal because federal law “preempts” local building codes that try to prohibit stoves, furnaces and other appliances that use natural gas. (Politico E&E News, April 18).
Dozens of cities including New York, Washington, D.C, Los Angeles, and Chicago—and the states of California, Colorado, Maryland, and Washington—have passed building electrification mandates requiring new construction to install expensive heat pumps and other electric equipment for heating, cooling, and cooking.
New York Governor Kathy Hochul (D) has proposed a similar statewide ban on natural gas furnaces as a way to fight climate change. (Bloomberg, Jan. 23)

Impact of Court Ruling

The Ninth Circuit’s reasoning will likely prompt federal preemption challenges and may pose a “chilling effect” to similar state and local building decarbonization laws. (E&E News, April 18). Yet, environmental advocates maintain that the ruling is limited in scope and will not call into question other gas bans. (POLITICO, April 18)
Meanwhile, about 20 states have gone the other way with “bans on bans.” These laws would prohibit their cities and municipalities from stopping natural gas distribution and requiring all-electric new buildings.
“States and localities can’t skirt the text of broad preemption provisions” in a law passed by Congress to address the 1970s energy crisis, Judge Patrick Bumatay wrote for the Ninth Circuit’s unanimous opinion.

As its next litigation option, the City of Berkeley might ask for a fuller panel of Ninth Circuit judges to uphold its ordinance. The Roundtable will continue to monitor how local natural gas bans and related building performance standards impact federal-level policies that address real estate’s role to help tackle climate change. (Roundtable Weekly, March 3 and Jan. 20)

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Energy Department Releases Latest Nationwide Data on Building Energy Use

Posted on April 22, 2023October 27, 2023 by Trey Jackson

The Department of Energy (DOE) this week presented its latest data on energy use in U.S. commercial buildings. The nationwide information released by DOE’s Energy Information Administration (EIA) is the basis for ENERGY STAR building scores from the Environmental Protection Agency (EPA). (EIA final results and reports)

CBECS Results

The latest Commercial Buildings Energy Consumption Survey (CBECS) reflects information collected in 2018. Although this is EIA’s newest building data, it is a “snapshot” in time—and does not account for occupancy rates or energy usage during or after the COVID-19 pandemic.
According to the 2018 CBECS, there are an estimated 5.9 million public and private commercial buildings in the U.S. across non-residential asset classes—75% of which were constructed before the year 2000. (CBECS “building characteristics” highlights)
Key CBECS findings on building energy consumption and expenditures include:
- Building energy efficiency improved compared to the 2012 survey.
  Total floor space in commercial buildings increased yet energy consumption did not. Commercial buildings overall consumed 12% less energy per square foot of floor space in 2018 than in 2012.
- Electricity and natural gas accounted for about 94% of energy consumed.
  Electricity accounted for 60% of energy consumed (mostly for cooling) and natural gas for 34% (mostly for heating).
- Large buildings were fewer but consumed over one-third of energy.
  Buildings over 100,000 square feet accounted for 2% of all commercial buildings—yet covered 34% of total commercial floor space. The newest buildings were the most energy intensive.
- Commercial buildings spent $141 billion on energy in 2018, averaging $1.46 per square foot.
  Commercial buildings spent $119 billion on electricity, or 84% of their total energy expenditures. Natural gas accounted for 12% of total commercial building energy expenditures ($16 billion).
- Space heating accounted for close to one-third of end-use consumption.
  Space heating was the most energy-intensive end use, especially in colder climates. Office equipment and computing were the least intensive end uses.

EIA held a webinar this week explaining the 2018 CBECS results, which will posted on their website soon.

ENERGY STAR & NextGen Label

EPA’s successful ENERGY STAR score—an efficiency rating for buildings—is generally based on CBECS data.

EPA is expected to update its models for calculating ENERGY STAR ratings in 2025, under the newly-released 2018 CBECS data. The anticipated update could greatly alter a building’s current ENERGY STAR score (presently based on 2012 CBECS data).

EPA recently proposed a new voluntary label for low-carbon buildings. The NextGen label would expand upon ENERGY STAR and recognize buildings that use significant percentages of solar and other forms of renewable energy.

The Real Estate Roundtable submitted comments to EPA last month on the NextGen building label proposal. (Roundtable letter and Roundtable Weekly, March 3)

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Looming Debt Limit Expiration Dominates Congressional Agenda

Posted on April 22, 2023April 25, 2024 by Trey Jackson

House Republicans this week proposed the Limit, Save, Grow Act to cut federal spending and spur negotiations to raise the nation’s $31.4 trillion debt ceiling for approximately one year. President Joe Biden and Senate Democrats oppose the bill and propose lifting the debt ceiling without conditions. (The Hill, April 19 and Committee for a Responsible Federal Budget, April 20)

X Date Approaches

House Speaker Kevin McCarthy (R-CA) stated he aims to schedule a vote next week on the bill and begin negotiations with Democrats over raising the debt limit. McCarthy needs approval from 218 House members to pass the legislation, meaning he can only afford to lose four votes from his conference to pass it without Democratic support. (NBC News, April 19 and CBS News, April 18)
On Wednesday, the Problem Solvers Caucus—comprised of 32 moderate Democrats and 31 Republicans in the House—proposed their own plan to raise the debt ceiling. (Caucus news release and Axios, April 19)
The nonpartisan Congressional Budget Office estimated that Treasury will run out of money sometime between July and September, a point referred to as the “X date” (CBO analysis, Feb. | ABC News, April 15)
Mark Zandi, the chief economist at Moody’s Analytics testified last month before Congress that if no resolution is reached before mid-August, “a default would be a catastrophic blow to the already-fragile economy.” (Zandi’s written testimony, March 7)

Congressional Hearings

A House Ways and Means Committee hearing on Wednesday focused on the Limit, Save, Grow Act’s proposal to strike the package of clean energy tax incentives that Democrats passed last year in their signature climate law, the Inflation Reduction Act (IRA). (Roundtable Weekly, Aug. 12, 2022)
The Republicans’ proposed repeal is unlikely to pass the Senate’s Democratic majority and President Biden has stated he would veto if it ever reached his desk. A Joint Committee on Taxation (JCT) report summarized the IRA’s incentives—and The Roundtable has prepared fact sheets on the credits and deductions relevant to CRE.
The day before the hearing, Rep. Bill Pascrell (D-NJ), Ranking Member of the Ways and Means Subcommittee on Oversight, introduced the Ending Wall Street Tax Giveaway Act, which would eliminate the current tax treatment of carried interest. (Pascrell news release, April 18)

On Tuesday, a House Financial Services Committee hearing on “Oversight of the Securities and Exchange Commission” featured testimony from SEC Chairman Gary Gensler, above. A final SEC rule on climate reporting, which derives from a proposal for sweeping disclosures on Scope 3 GHG emissions, is anticipated this spring. (Roundtable Weekly, March 25, 2022 and Roundtable Comments on the SEC Proposal, June 10, 2022)
Gensler testified that the agency is not interested in capturing emissions from all sources and small businesses in a reporting company’s Scope 3 “value chain.” He stated, “We only oversee seven or eight thousand public companies … It is not a rule about the rest.”

The importance of the nation’s supply chains to the economy was also addressed when Commerce Secretary Gina Raimondo testified before a House appropriations panel this week on the department’s 2024 budget. Secretary Raimondo will discuss national economic conditions during The Roundtable’s Spring Meeting next week in Washington. (Roundtable-level members only)

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Banking Crisis Impact on CRE

Posted on April 15, 2023October 27, 2023 by Trey Jackson

A recent Moody’s Analytics report compares the amount of commercial real estate loans held by small and regional banks today to CRE asset exposures during the Global Financial Crisis of 2008, concluding that credit positives in the current environment present a more manageable downcycle for CRE and its lenders than 15 years ago. The Roundtable continues to urge federal regulators to issue guidance as soon as possible that would give greater flexibility to lenders for restructuring commercial real estate loans with borrowers.

CRE Exposure

Nearly $1.5 trillion in CRE loans will mature over the next three years, over half of which is held by commercial banks, according to a separate Morgan Stanley analysis. (Bloomberg, April 8)

The report from Moody’s acknowledges that higher interest rates currently threaten CRE loans, especially for maturing loans backed by struggling assets. Yet the banking sector has seen recent positive signs, including controlled and strategic borrowing, along with stable deposit levels among small banks.

The Moody’s analysis also notes that CRE loans today have less leverage, asset pricing has more cushion, and borrowers have a more diverse set of debt sources, which puts the CRE debt market in a relatively better position when compared to a 2008-style bank liquidity crunch. (Axios, April 12 and CNBC, April 9).

In the chart above, the Moody’s report clarifies that 13.8% of debt on income-producing properties is held by 135 US regional banks, generally considered as those with about $10 billion to $160 billion in assets. The top 25 banks considered large by the Federal Reserve hold 12.1%. Additionally, 829 community banks (with $1 billion to $10 billion of assets) hold 9.6%, and the remaining 3.2% is spread among 3,726 very small local banks with less than $1 billion in assets. (GlobeSt and Commercial Observer, April 7)

Kevin Fagan, director of commercial real estate analysis at Moody’s Analytics told CNBC, “There’s a lot of headaches about calamity in commercial real estate. There likely will be issues but it’s more of a typical down cycle.” Fagan also told Axios, “there’s definitely been an overreaction in the market about the relationship between banks and CRE.”

Roundtable Request to Regulators

A March 17 Roundtable letter to federal regulators cited market uncertainty from regional bank turmoil—along with a steady increase in looming debt maturities, rising interest rates, and remote work’s negative influence on office space demand—as coalescing factors that have put pressure on liquidity and decreased refinancing options for CRE assets.

The Roundtable continues to urge federal regulators to issue guidance that would give financial institutions increased flexibility to refinance loans with borrowers and lenders—similar to other initiatives in 2009, 2010, 2020, and as proposed in 2022. (Roundtable letter to regulators, March 17)

The Roundtable also urged bank regulatory Agencies to avoid any pro-cyclical policies, such as requiring financial institutions to increase capital and liquidity levels to reflect current mark to market models. “These policies would have the unintended consequence of further diminishing liquidity and creating additional downward pressure on asset values,” the letter states.

Last week, Roundtable President and CEO Jeffrey DeBoer discussed capital concerns affecting commercial markets on the Walker Webcast with National Multifamily Housing Council President Sharon Wilson Géno and Roundtable Member Willy Walker (Chairman & CEO, Walker & Dunlop). (Roundtable Weekly, April 7)

DeBoer noted during the webcast that “The concept of additional regulations and expanding liquidity are kind of counter to each other. [The banking crisis] has to be allowed to settle through and transition. We ought to be working together and the federal government ought to be helping people transition to that new world.” (Walker Webcast, April 6)

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White House Shifts Policy, Directs Agencies to Focus on Returning Federal Employees to the Workplace

Posted on April 15, 2023October 27, 2023 by Trey Jackson

The White House informed federal agencies yesterday that they have 30 days to develop plans to “substantially increase” their employees in-person work at headquarters. The new guidance is an important step forward that is supported by The Real Estate Roundtable, which sent letters to President Joe Biden in December and the Senate this week about the need to get more federal workers back to the workplace. (Commercial Observer and The Hill, April 14 | Roundtable Weekly and Letter to President Biden, Dec. 2022)

Remote Work & Agency Policies

Office of Management and Budget (OMB) Deputy Director Jason Miller commented, “The guidance we are releasing today directs agencies to refresh their Work Environment plans and policies—with the general expectation that agency headquarters will continue to substantially increase in-person presence in the office—while also conducting regular assessments to determine what is working well, what is not, and what can be improved,” Miller wrote. (OMB blog post, April 13)
The OMB guidance also informs federal agencies that the impact on local communities should be considered when determining future physical space requirements. The memo’s examples for measuring community needs includes the “location and use of agency-occupied office space and other real estate.” (Page 19, OMB guidance, April 13)
The OMB memo to federal agencies comes after President Biden signed a bipartisan congressional resolution on April 10 that immediately ended the three-year Covid-19 national emergency declaration. Many of the two million civilian federal employees began working remotely after the original March 2020 declaration. (Reuters, April 13)
A White House official told CNN, “To be clear, ending the National Emergency will not impact the planned wind-down of the Public Health Emergency on May 11.”

Impact on Communities & Real Estate

Roundtable President and CEO Jeffrey DeBoer, above, stated, “The OMB remote work guidance is a welcome step toward increasing in-person work by Federal Agency employees. Widespread Federal agency remote work was appropriate during the COVID-19 national emergency. With that emergency now officially behind us it is very appropriate that the Federal Government now asks its Agencies to refresh their remote work policies with an eye toward less remote work.”
Roundtable Senior Vice President Ryan McCormick added, “However, welcome as this new guidance is, more concrete action may be required for the new guidance to have meaningful, positive impact on communities, small businesses, and the overall health of our nation’s cities. We look forward to understanding the true impact of the new guidance, and we will continue to offer positive insights into why strong workplace attendance is so important.”

In December, DeBoer and Real Estate Roundtable Chair John Fish (SUFFOLK Chairman & CEO) urged President Biden “to direct federal agencies to enhance their consideration of the impact of agency employee remote working on communities, surrounding small employers, transit systems, local tax bases and other important considerations.” (Roundtable letter, Dec. 12, 2022)

In January, DC Mayor Muriel Bowser reiterated The Roundtable’s views about the need to get more federal workers back to the workplace and convert underutilized commercial real estate spaces into affordable housing. (Roundtable Weekly, Jan. 6)

Roundtable Calls for Senate Action

The Roundtable on Wednesday also called upon all U.S. Senators to suspend current federal telework rules and return agencies to their pre-pandemic workplace practices. (ConnectCRE, April 13 and Roundtable letter to the Senate)
The April 12 letter explained how remote work is undermining the health of cities, local tax bases, and small businesses. The letter also notes that the vast majority of state and local governments, congressional offices, and private sector employers are instituting return-to-workplace policies.
The House of Representatives recently passed legislation—the Stopping Home Office Work’s Unproductive Problems (SHOW UP) Act (H.R. 139)—that would require all federal agencies to revert to pre-pandemic telework office arrangements and allow employees 30 days to return to their offices. (GovExec, Feb. 1 and The Hill, Feb. 2)
Last week, The Roundtable’s DeBoer commented on federal remote work and potential Senate action. “We’re trying to get Congress to pass a rule that will require the agencies to go back to pre-pandemic rules. Now, if they’re at home and they’re not downtown, the small businesses suffer, the transportation suffers, safety issues suffer, and the tax base suffers. And so we’re focused on getting people back to the office as much as possible.” (Walker Webcast, 32:58)

The impact of return-to-the office on the industry, communities, and the economy will be a focus of discussion during The Roundtable’s April 24-25 Spring Meeting in Washington, DC. (Roundtable-level members only).

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