Seniors Housing TRANSACTIONAL
WilmerHale's Real Estate Practice is a leader in the representation of owners, operators and investors in seniors housing projects. Seniors housing presents unique issues, including regulatory, licensing and employment matters, which distinguish it from other real estate asset classes. The operating income generated by seniors housing projects presents particular challenges for certain investors, including REITs, pension funds and endowments, requiring sophisticated structures to avoid adverse tax and other consequences. Our interdisciplinary team, including experienced practitioners from our Tax, Labor and Employment, and ERISA Groups, is unsurpassed in meeting these challenges and quickly and efficiently closing complex seniors housing transactions.

Contacts

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Boulger, Sean T.

Sean T. Boulger

Vice Chair, Real Estate Practice Group

+1 617 526 6870 (t)

sean.boulger@wilmerhale.com

Burton, Douglas L.

Douglas L. Burton

Partner

+1 617 526 6270 (t)

douglas.burton@wilmerhale.com

Barnett, Keith R.

Keith R. Barnett

Partner

+1 617 526 6930 (t)

keith.barnett@wilmerhale.com

Boulger, Sean T.

Sean T. Boulger

Partner

+1 617 526 6870 (t)

sean.boulger@wilmerhale.com

Burke, Robert D.

Robert D. Burke

Partner

+1 617 526 6470 (t)

robert.burke@wilmerhale.com

Burton, Douglas L.

Douglas L. Burton

Partner

+1 617 526 6270 (t)

douglas.burton@wilmerhale.com

Jakubowski, Paul

Paul Jakubowski

Partner

+1 617 526 6948 (t)

paul.jakubowski@wilmerhale.com

Edwards, Stephen M.

Stephen M. Edwards

Special Counsel

+1 617 526 6067 (t)

stephen.edwards@wilmerhale.com

Gold, H. David

H. David Gold

Special Counsel

+1 617 526 6425 (t)

david.gold@wilmerhale.com

Kincaid_Susan.jpg

Susan M. Kincaid

Special Counsel

+1 617 526 6577 (t)

susan.kincaid@wilmerhale.com

Experience

Representative matters include:

  • Representing for more than 15 years one of the largest privately held seniors housing operators and developers in the United States in numerous transactions, including:
    • the formation of a $900 million joint venture with a publicly traded healthcare REIT;
    • the formation of a Sharia'h compliant joint venture with a Middle Eastern financial institution to acquire a continuing care retirement community;
    • the formation of a joint venture with a private equity adviser investing on behalf of union pension funds to acquire a portfolio of nine seniors housing facilities;
    • the formation of a joint venture with a private equity investor to acquire a portfolio of 20 seniors housing properties (structured to avoid UBTI for the equity partner);
    • the acquisition of leasehold interests in, and options to purchase, a portfolio of four seniors housing properties;
    • the formation of a joint venture with a private equity firm to acquire an independent living facility in Lincoln, Massachusetts and to expand it into a continuing care retirement community; and
    • the formation of a joint venture to provide GP equity for numerous development projects.
  • Representing a public healthcare REIT in the acquisition of a portfolio of seven senior skilled nursing facilities in New York and Michigan; and a portfolio of 13 skilled nursing and assisted living facilities in New England.
  • Representing a private equity fund in the formation of numerous joint ventures with different operators for the acquisition and development of more than $500 million of seniors housing projects throughout the United States.
  • Representing a New England-based operator and developer in a seven-property sale-leaseback and development transaction with a private REIT.
  • Representing a regional owner and operator of nursing homes and assisted living facilities in numerous HUD refinancings, the development of a 75-unit memory care facility, the development of a 50-unit expansion of a continuing care retirement community, and the development of a 130-unit independent and assisted living facility.
  • On behalf of a private equity firm, advising on the disposition of partnership interests in three ventures with a publicly traded seniors housing operator, which owned portfolios of assisted living facilities valued at more than $1 billion, and the disposition of a portfolio of 16 seniors housing facilities, valued at $370 million and owned in joint ventures with five separate operating partners.