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Leases
6 Months Ended
Jun. 30, 2021
Leases [Abstract]  
Leases

7.

Leases

All of the Company’s leases are classified as operating leases.  The Company's Lease income is comprised of both fixed and variable income.  Fixed and in-substance fixed lease income includes stated amounts per the lease contract, which are primarily related to base rent, and in some cases stated amounts for common area maintenance (“CAM”), real estate taxes, and insurance (“Recoverable Costs”). Income for these amounts is recognized on a straight-line basis.

Variable lease income includes the following two main items in the lease contracts:

(i) Recoveries from tenants represents the tenants’ contractual obligations to reimburse the Company for their portion of Recoverable Costs incurred. Generally the Company’s leases provide for the tenants to reimburse the Company based on the tenants’ share of the actual costs incurred in proportion to the tenants’ share of leased space in the property.

(ii) Percentage rent represents amounts billable to tenants based on the tenants' actual sales volume in excess of levels specified in the lease contract.

The following table provides a disaggregation of lease income recognized as either fixed or variable lease income based on the criteria specified in ASC Topic 842:

 

(in thousands)

 

Three months ended June 30,

 

 

Six months ended June 30,

 

 

 

2021

 

 

2020

 

 

2021

 

 

2020

 

Operating lease income

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fixed and in-substance fixed lease income

 

$

197,234

 

 

 

202,467

 

 

$

393,288

 

 

 

407,409

 

Variable lease income

 

 

68,661

 

 

 

61,748

 

 

 

132,728

 

 

 

126,417

 

Other lease related income, net:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Above/below market rent and tenant rent inducement amortization, net

 

 

6,007

 

 

 

10,416

 

 

 

12,003

 

 

 

23,296

 

Uncollectible straight-line rent

 

 

(1,792

)

 

 

(16,287

)

 

 

(3,827

)

 

 

(20,189

)

Uncollectible amounts billable in lease income

 

 

6,620

 

 

 

(35,792

)

 

 

8,895

 

 

 

(39,844

)

Total lease income

 

$

276,730

 

 

 

222,552

 

 

$

543,087

 

 

 

497,089

 

 

Lease income for operating leases with fixed payment terms is recognized on a straight-line basis over the expected term of the lease for all leases in which collectibility is considered probable at the commencement date.  At lease commencement, the Company generally expects that collectibility is probable due to the Company’s credit checks on tenants and other credit analysis undertaken before entering into a new lease; therefore, income from most operating leases is initially recognized on a straight-line basis.  Lease income that is not considered probable of collection is recognized on a cash basis.  In the period in which collection of Lease income is determined to no longer be probable, all previously recognized straight-line rent receivables are reversed.  Should collectibility of Lease income become highly probable again, accrual basis accounting resumes and all future straight-line rent is recognized.  In addition to the lease-specific collectibility assessment performed under Topic 842, the Company may also recognize a general reserve, as a reduction to Lease income, for its portfolio of operating lease receivables which are not expected to be fully collectible based on the Company’s historical collection experience.  See Item 2 Management’s Discussion and Analysis of Financial Condition and Results of Operations for further discussion of trends in collectibility and the impact on total Lease income.

The following table represents the components of Tenant and other receivables in the accompanying Consolidated Balance Sheets:

 

(in thousands)

 

June 30, 2021

 

 

December 31, 2020

 

Tenant receivables

 

$

23,984

 

 

$

39,658

 

Straight-line rent receivables

 

 

88,298

 

 

 

86,615

 

Other receivables (1)

 

 

19,228

 

 

 

17,360

 

Total tenant and other receivables

 

$

131,510

 

 

$

143,633

 

 

(1)

Other receivables include construction receivables, insurance receivables, and amounts due from real estate partnerships for Management, transaction and other fee income.  

 

 

 

COVID-19 Pandemic and Rent Concessions

During 2020, in response to the pandemic and the resulting entry into agreements for rent concessions between lessees and lessors, the FASB issued interpretive guidance relating to the accounting for lease concessions provided as a result of COVID-19.  In this guidance, entities could elect not to apply lease modification accounting with respect to such lease concessions, and instead, treat the concession as if it was a part of the existing contract and therefore continue to recognize the deferred rents in the period originally billed subject to separate collectibility assessments under Topic 842.  This guidance is only applicable to COVID-19 related lease concessions that do not result in a substantial increase in the rights of the lessor or the obligations of the lessee.  The Company has elected to treat concessions that satisfy this criteria as though the concessions were part of the existing contract and therefore not treated like a lease modification.

The Company continues to negotiate with certain tenants, which may result in additional rent concessions as determined necessary and appropriate.  In determining whether to grant concessions, the Company generally evaluates various factors, including the tenants’ business performance and ability to sustain their business in the current environment, as well as an assessment of their credit worthiness and ability to repay any deferred rent in the future.  There can be no assurances that all such deferred rent will ultimately be collected, or collected within the timeframes agreed upon.