Legal Question in Real Estate Law in California

GSA take over of private lease
A nonprofit 501(c3) which has federal disaster suppleis assigned to it, signs a lease for a business property/warehouse, approved by Dept of health and Human Services. Homeland Security is created, takes over the Federal property from DHHS, and FEMA now says federal property must be kept in GSA federal warehouse, therefore your lease is null and void and landlord must sign a new lease with GSA. Can Federal government void and ''nationalize'' a lease made between a separate 501(c)3 organization and a private landlord? Doesn't sound legal. Is it? Sounds like the tail wagging the horse. but it is happening. meanwhile, rent was paid by federal government in past, now they are refusing to pay it, but tell me I will be violating the law if i pay a Federal debt before it is ''approved.'' What constitutes ''approval'' by the Feds? Is ''having paid for it'' for the first 1 1/2 yrs of the lease constitute a form of approval? If it was approved by DHHS, can another branch of government (FEMA) then reverse such approval?

Asked on 4/07/05, 5:51 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

0 users found helpful

0 attorneys agreed

Re: GSA take over of private lease

Dealing with the rules of Federal agencies is a specialty, and I doubt that there are 100 lawyers in the entire state of California who can competently answer this question, which I might add is typical of questions that arise out of the Federal bureaucracy's exercise of its enormous power and scope.

I will also add that I'm not one of the 100. I have seen them at work on cases where I've been a minor participant as a law clerk, junior attorney or even as the client (HUD and the former ICC, not any of the agencies you name). They get $350 an hour and up, do consulting and expert witness work, and often had long careers with the agencies about which they now advise clients.

If this is a problem you must solve because you run the affected 501(c)(3) or otherwise, I could perhaps assist you in finding an attorney with specialized knowledge of these agencies by using keywords you could provide me to search legal data bases for someone (of the 100) located near you who could perhaps assist you comptetently, instead of with answers that are guesses.

Answered on 4/07/05, 8:09 pm

Mark as helpful