The USGBC (United States Green Building Council) has experience tremendous grown in recent years. Membership, which includes over 18,000, has more than quadrupled since 2000. During that same time, the USGBC has certified over 2,000 commercial projects, and has projects seeking certification in all 50 states. The USGBC had also accredited over 80,000 LEED Accredited Professionals (LEED APs).

With over 200 state and local government initiatives supporting “high performance” green building, one of the biggest challenges faced by owners and tenants alike is overcoming the issue as to who pays for, and who benefits from, these green improvements. While no single solution exists for every problem, strategies are emerging to manage many landlord/tenant issues.

In response to the complex legal and practical landlord/tenant issues, BOMA (The Building Owners and Managers Association) has published BOMA’s Guide to Writing a Commercial Real Estate Lease, Including Green Lease Language. A link to the book can be found here.

Since the financial implications for tenanted properties are quite significant, green lease language will likely become more and more commonplace and standardized as the industry matures.

-Jonathan Fischer, MAI

Jonathan Fischer, MAI, is a Managing Director in NAI Global’s New York City office and works with investors and financial institutions as a member of NAI’s Special Asset Solutions group.