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Opinion

The April 1st Rent Payment Conundrum

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OPINION

By Brad Umansky, President, Progressive Real Estate Partners

It seems that the hottest topic of conversation over the past few days is what to do when a tenant’s business is adversely affected by “the virus”.  Based upon conversations with landlords, tenants and property managers there is no doubt that many tenants and landlords are already thinking about how to handle the April 1st rent payment.  Since we work with both, I’m writing this blog from both perspectives.  Please note that whether you are a tenant or landlord, I encourage you to read the entire blog as there are overlapping ideas in each section.

It is important to recognize that we are in an interdependent economy and that there are many very financially stable tenants as well as some that are struggling and, for those in particular, this crisis will exacerbate the situation.  At the same time there are many well capitalized landlords with the financial capacity to make concessions to help a tenant’s business when warranted, but there may also be less capitalized landlords who are in a similar situation as a struggling tenant.

So hopefully everyone will WORK TOGETHER as fairly as possible to minimize the economic damage that we are all observing and that many are experiencing. With these thoughts in mind, here are my recommendations.

What to Do as a Tenant

  • Be Honest – One problem is that over the past decade many tenants have made it a part of their practice to ask for rent reductions and other concessions just to see if they can extract something from a landlord whether or not the request is warranted resulting in many landlords being skeptical of any request. This “dishonestly” as I see it has damaged the landlord/tenant relationship in many cases. Now is the chance to repair the relationship and honesty is critical so if you really don’t need a concession, don’t ask for one.
  • Be Prepared – If you need a concession, be prepared to provide the landlord with 2019 sales reports and year-to-date 2020 sales so the landlord can review and compare the sales history. Also, if your business is independently owned, be ready to provide personal financial statements. Although your sales may be down, if you are sitting on cash or other liquid assets, you need to be ready to utilize such assets. Understand that having cash doesn’t necessarily mean the landlord won’t work with you. They recognize that you have other obligations, but being forthcoming with all the information will gain significant goodwill with most landlords.
  • Full Disclosure – Be ready to tell the whole story. Is your business currently closed? If so, when did it close? Did you elect to close it or were you mandated to close it? Are you partially open? If so, what are you doing to mitigate your losses? What will a rent concession help you accomplish?
  • Know Your Obligations – Recognize that you signed a binding contract that obligates you to pay a fixed rent whether your business “knocks it out of the park” OR “strikes out”. In my opinion, you should do everything possible to fulfill your contract. That being said, be prepared to be creative. Maybe you have a lease that expires in 2021. It might very well be reasonable to ask for 50% rent relief for the next 6 months if you agree to extend your lease term. Or maybe you can waive certain rights that you have relative to exclusives, rights of first refusal, or prohibiting other uses in the center. Keep in mind, leases are in-depth documents with a lot of provisions. It is not simply the rent and lease term that may be up for negotiation.

What to Do as a Landlord

  • Listen to the Story – Generally speaking I believe that a tenant should pay their rent or leave BUT these are different times. Although I understand that some may be skeptical, there are many hard working independent business owners that are doing everything they can to keep their businesses afloat while also addressing their personal needs. There are also many quality corporate tenants that are simply going to be in a cash flow crunch and are going to need help from numerous parties to get them to the point where their business can recover.
  • Ask for Information – Request 2019 and 2020 monthly sales reports, personal financial statements (if appropriate) and a written description of the status of their business including what they foresee is required to return to normal. For example, they may indicate that the day their business is allowed to re-open, they believe they will be fine OR they may think that even if the world starts to return to normal, it is going to take a while for their business to ramp back up.
  • Request an Offer from the Tenant – Let the tenant tell you what they really need. Is it rent abatement (free rent), a rent concession (discounted rent), or rent deferral (effectively a loan).
  • Communicate – Even if you need some time to think about the tenant’s proposal, make sure you get back to them as quickly as possible. This is a very stressful time and communication will be key. You wouldn’t want a situation where you were about to grant rent relief only to find out that because you waited too long they closed your location and put their resources elsewhere where the ownership was more responsive.
  • Make a Deal – I suggest avoiding giving away anything. If you are going to make a concession, there should be a tradeoff.  Here are some approaches you might take:
    • If you are going to abate the rent or make a rent concession make it contingent upon the tenant fulfilling the balance of their lease term without default. This way they have a greater incentive to stay current once the world improves.
    • In certain circumstances, it might make sense to obtain the right to terminate the tenant’s lease. Make an agreement to allow the tenant a 50% rent discount but you have the right to terminate the lease if you find another user to take their space. This would not be a mutual termination. Only the landlord would have this right. For tenants who could easily relocate to another space if you terminated (i.e. furniture, clothing), this could be a win/win.
    • Defer the rent currently and add it to an extended term. If you gave a tenant a $30,000 concession in 2020, but then increased their rent by $500/month over the 5 years that starts in 2022, this could help you especially if you plan to sell or refinance after 2022 (assuming you believe the tenant will survive).
    • Avoid an agreement that goes too long, but also one that goes too short. It seems pretty obvious that this is not just going to be an April rent problem. It could easily be 4 to 6 months or longer. So instead of going through this dance repeatedly, make a deal that at least covers the next few months so that everyone, including yourself, can plan accordingly. BUT if the tenant asks for concessions for the next 18 months, then I view this as bad faith on their part and negotiating with someone who makes such an ask is usually not someone who warrants a counter offer.
  • Franchisees – If dealing with a franchisee, ask what the franchisor is doing to help. If the franchisor isn’t doing anything, this could tell you that the tenant is bluffing or that the franchisor doesn’t believe in the viability of the tenant either. Also, make sure you get the same sales reports that they send to the franchisor. And, if you agree to provide assistance, make sure the franchisor knows that you helped in case the franchisee just doesn’t survive. In this case, hopefully the franchisor will try and help you find another franchisee since they know you tried to help their brand at your center.

Remember that you can only help those that want to help themselves. Some tenants are simply going to take actions like closing their store and moving their inventory out and then possibly threatening you to make a deal of their liking or they will never reopen. If a tenant does this, you should probably hire an attorney. There is likely not going to be a way to salvage this relationship. You are going to have to pick and choose your battles.

A Few Other Items

  • Insurance – we have discussed with a very knowledgeable advisor whether property or liability insurance held by either the tenant or landlord may be beneficial in this situation. He indicates that with all likelihood it will not be and that most policies have language that “specifically exclude loss caused by virus or bacteria or exclude loss caused by communicable disease.”
  • Federal Programs – there may be some federal and state grant and loan programs that tenants can apply for. The following is a link to the Small Business Administration’s website that provides a lot of guidance regarding Federal programs that are available. This may be helpful to both tenants and landlords. https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources
  • Other Resources – Here is a page that provides resources in California and Los Angeles County https://laedc.org/coronavirus/

I truly hope that this blog is a valuable resource to both tenants and property owners. If we work together in good faith versus as adversaries, I am confident that good relationships, goodwill and positive outcomes will result from this very challenging situation.

The Inland Empire Business Journal (IEBJ) is the official business news publication of Southern California’s Inland Empire region - covering San Bernardino & Riverside Counties.

Opinion

Despite Popular Narratives, California’s Economy is Doing Fine…For Now

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Leading Economic Forecast Pushes Back Against “Doom and Gloom” Prophecies; State’s Housing Supply Problem At The Crux Of Slowing Economy

California is far from becoming the ‘failed state’ depicted by critics, and even a cursory look at the data proves it, says one of the state’s leading economic forecasts. According to Beacon Economics‘ latest outlook for California, the state’s economy will continue to grow in the near future and there is little sign of a recession in 2024.

Consider a few of the new forecast’s findings:

  • Since just prior to the pandemic, the number of jobs in California has grown by only 2.1%, compared to 3.7% in the nation as a whole, however, the state’s private sector output has grown by 10% compared to just 8% in the nation overall. This means that California’s output has expanded through greater worker productivity.
  • California’s median household income grew by 9.2% from 2019 to 2022, compared to just 8% growth in the nation overall. Median incomes in the state are now 14.3% higher than in the U.S. as a whole, the largest gap ever seen in this data.
  • Real income (accounts for inflation) has increased despite persistent claims to the contrary. Official data from the U.S. Bureau of Labor Statistics shows a 20% increase in consumer prices in California between the end of 2019 and the end of 2023, but a 23% increase in workers’ average weekly earnings over the same period. Importantly, the earnings growth has been greatest among lower skilled workers, according to the new forecast.
  • From 2019 to 2022, the average poverty rate in California was 12%, lower than the U.S. average and the lowest level ever seen in the state.

The new forecast is careful to acknowledge California’s glaring problems, including its housing shortage and massive budget deficit, but argues that untruthful and excessively negative narratives are making things materially worse by affecting the way leaders spend their time and do their jobs.

“The state’s economy certainly has its share of problems, but many of these issues are things that can be solved with some pragmatic changes to state policy,” said Christopher Thornberg, Founding Partner of Beacon Economics and the forecast author. “When pessimistic public narratives take hold, no matter how false or overblown, elected leaders tend to veer off on impractical missions to fix problems that don’t really exist – at least not in the way these artificial narratives say they do.”

One of the most urgent, and real, challenges facing California this year is it’s colossal budget deficit of between $35 and $70 billion, depending on who you ask. But according to the new forecast, this gap is not a function of the state’s economy, which is growing, it is the obvious (and oft repeated) result of a volatile revenue system that badly needs to be overhauled.

“California loves soak-the-rich policies, and our high marginal tax rate on high-income earners means that when financial markets are hot, revenues surge, but when asset values fall or crash, it cuts deeply into the state’s tax haul,” said Thornberg. “On top of that, we have a mishmash of band aid type laws that have been put in place over the years which force a certain amount of spending, preventing lawmakers from saving for lean times.”

All that said, according to Thornberg, California’s biggest budgetary problem today is not with revenues but expenditures. “State spending is currently 40% higher than it was pre-pandemic, and as painful as it is, the deficit will not fully go away until either programs are cut back or new taxes are raised, both of which would be incredibly difficult to achieve,” he said.

In terms of the state’s economic future, perhaps California’s most burning dilemma is its low supply of housing, which has driven infamously high housing costs and a declining population, ergo workforce. According to the forecast, the only way to fix the problem is to sharply expand the pace of new housing supply. “This is a tremendously consequential issue for the economy and population of the state – a workforce cannot grow if there is nowhere for workers to live,” said Thornberg. “The inability to genuinely tackle our housing supply issue is slowing the mighty California economic machine and the effects we’ve started to see in the past few years will only grow worse.” 

View the new The Beacon Outlook California including full forecast tables here.

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Education

Unlocking Potential: Fostering Inclusion and Innovation through Entrepreneurial Education at REAL Journey Academies

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The REAL Journey Academies Entrepreneur High School Model / Inclusive Education Programming

Inclusive education is a fundamental right for all students.  REAL Journey Academies was founded on this principal. The unique high school programs of Entrepreneur High Schools in Fontana and San Bernardino integrate entrepreneurship and career & technical education (CTE) to offer a unique opportunity to unlock the potential of students and prepare them for success in the constantly evolving century workforce. By providing tailored support, fostering self-confidence, and nurturing entrepreneurial skills, our unique high school program empowers students with IEPs and hidden talents to thrive academically, professionally, and personally.

This white paper explores the values of  our entrepreneurship focused high school program for students with IEPs and hidden talents, highlighting the program’s potential to promote inclusion, boost self-esteem and cultivate a culture of innovation and entrepreneurship.  The value proposition of our programming, in relationship to inclusive education, include:

  1. Promoting Inclusion:
    • Our entrepreneurship focused program focuses on full inclusion by providing students with diverse learning needs, including those with IEPs and hidden talents, with opportunities to actively participate in hands-on, experiential learning experiences.
    • By embracing diversity and fostering a sense of belonging, the entrepreneurship focused program of REAL Journey Academies empowers all students to realize their full potential and become active members of their communities.
  2. Boosting Self-Esteem:
    • Entrepreneurship focused programming at its core boost self-esteem and confidence by recognizing and celebrating students’ individual strengths, interests, and talents.
    • Through project-based learning and real-world experiences, students in an Entrepreneur High School have the opportunity to showcase their skills, gain recognition for their achievements, and build a positive sense of self-worth.
    • Our program is designed to give students the support and encouragement they need to overcome challenges, set ambitious goals, and pursue pathways to success that align with their unique abilities and aspirations.
  3. Cultivating a Culture of Innovation:
    • Our entrepreneurship focused program cultivates a culture of innovation by encouraging students to think creatively, problem-solve collaboratively, and pursue their entrepreneurial dreams.
    • By providing students with the tools, resources, and mentorship they need to explore their passions and develop their talents, the unique Entrepreneur High School Program is designed to inspire a lifelong love of learning and skills associated entrepreneurship.
    • Through extensive work-based learning experiences and real-world projects, Entrepreneur High School students have the opportunity to unleash their creativity, tap into their potential, and make meaningful contributions to society.

The REAL Journey Academies’ entrepreneurship focused high school program has immense value for all students, including those with IEPs and hidden talents. By promoting inclusion, boosting self-esteem, and cultivating a culture of innovation, at its foundation our program is designed to empower students to overcome barriers, fulfill their potential, and pursue their dreams. As we strive to build a more equitable and inclusive society, investing in developing entrepreneurial skills in students with diverse learning needs is not only a moral imperative but also a strategic investment in our collective future

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Opinion

Rethinking Dynamic Pricing: Wendy’s CEO Pulls Back on Controversial Strategy

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A strategic retreat sheds light on the complexities of surge pricing in the fast-food industry and the importance of customer perception

By Sandeep Krishnamurthy and Christopher Tang, IEBJ Contributors

What a difference a day makes. Wendy’s CEO, Kirk Tanner, retracted his decision to introduce a dynamic pricing plan on February 28. This reversal came just a day after his statements about the 2025 launch of dynamic pricing were reported in a February earnings call.

Dynamic or surge pricing, regardless of the terminology used, is generally not favored by customers, particularly in restaurants, pubs, or supermarkets. To successfully implement dynamic pricing, companies need to understand customer psychology and must effectively explain their approach to customers.

The obstacles that Mr. Tanner is encountering are not unique, and there are valuable lessons to be gleaned from his experience.

First, low hanging fruits may not be beneficial.

As the newly appointed CEO of Wendy’s since January, Mr. Tanner faced the daunting task of devising a plan to revive the company following a 14% drop in its stock price in 2023.

One potential strategy to boost profits involves using an AI-enabled system to dynamically promote different items at varying prices, potentially encouraging customers to order and spend more. As reported in the press, Tanner had unveiled new strategies during the February earnings call to enhance Wendy’s profitability. These strategies included digital menu boards capable of real-time price updates and diverse menu offers throughout the day.

While Mr. Tanner might consider this approach a no-brainer, he should be aware of past instances where similar plans were met with resistance. Rumors circulated in 2017 that UK supermarkets like Tesco, Sainsbury’s, and Morrisons were planning to use electronic labels for dynamic price changes. However, they subsequently denied these plans following customer backlash.

The implementation of dynamic pricing in restaurants and supermarkets carries inherent risks of customer defection and loss of brand reputation. This is why so few companies dare to pick this low-hanging fruit.

Second, transparency and honesty are paramount when it comes to price increases.

Following an online uproar over its dynamic pricing plan, Wendy’s issued an online statement clarifying that it “would not raise prices when our customers are visiting us most.” While this statement may mitigate some of the backlash against surge pricing, it also implies that Wendy’s intends to increase prices for certain items, which may not be perceived as sincere by consumers.

Dynamic pricing can be counterproductive if a company is seen as greedy. Before implementing a price increase or dynamic pricing, companies must genuinely explain their reasoning, supported by facts. For instance, in the fast-food sector, like Wendy’s, it’s crucial to emphasize that material and labor costs have risen post-pandemic. A new California law effective April 1, 2024, will set the minimum wage for fast-food workers at $20 per hour, $4 higher than the state’s minimum wage for 2024. Additionally, the costs of employing servers during busy hours are even higher, setting the stage for price increases.

Given the higher labor costs during peak hours, a restaurant may choose to increase prices either all the time or only during peak hours. To maintain or improve service quality during busy periods, it is arguably fairer to charge higher prices during these times rather than spreading the increased labor costs across all customers, including those who patronize the establishment during off-peak hours. This logic was employed in the UK when about 800 pubs owned by the Stonegate Group started charging an extra 20 pence (25 cents) for a pint of draft lager during peak hours from September 2023. Despite some UK customers expressing dissatisfaction with the surge pricing at the pub, no significant boycotts against the Stonegate Group have been reported to date.

Third, presenting dynamic pricing from a different perspective can be advantageous.

Dynamic pricing, which involves varying prices based on supply and demand, can be reframed positively. For fast-food chains like Wendy’s, where peak and off-peak hours are consistent daily, lower prices could be offered during off-peak hours instead of higher prices during rush hours. This approach, often termed as ‘happy hour discounts’, is familiar to customers, even though they are aware that regular prices during peak hours are higher.

Proper framing can alter customer reactions to differential pricing. This strategy has been employed at gas stations for years, where instead of imposing credit card surcharges, they offer cash discounts. The effectiveness of this framing lies in the concept of reference pricing. By promoting ‘happy hour discounts’, customers use the higher regular price during peak hours as a reference, and are pleased to find discount opportunities during off-peak hours.

While dynamic pricing is a common practice in industries like airlines, hotels, and ride-hailing services, customers in the food and beverage sector have a stronger sense of fair pricing. The use of the term “surge pricing” in particular is seen as an inherently unfair pricing approach that only benefits the company at the cost of the customer.

Therefore, the implementation of dynamic pricing in restaurants and pubs requires careful planning. If executed correctly, customers are more likely to accept price fluctuations over time. Simultaneously, restaurants and pubs can balance demand, reduce labor costs, and provide consistent service to customers.

In essence, dynamic pricing can be a mutually beneficial solution if implemented correctly.

About the Authors

Sandeep Krishnamurthy
Singelyn Family Dean, College of Business Administration
Cal Poly Pomona

Dr. Chris Tang
Distinguished Professor, Edward W. Carter Chair in Business Administration
Anderson School of Management
UCLA

 

 

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