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Leases
6 Months Ended
Jun. 30, 2020
Leases [Abstract]  
Lessor, Operating 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, as follows:

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. 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 amounts tenants are contractually obligated to reimburse the Company for the tenants’ portion of actual 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,

 

 

 

2020

 

 

2019

 

 

2020

 

 

2019

 

Operating lease income

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fixed and in-substance fixed lease income

 

$

202,467

 

 

 

200,909

 

 

$

407,409

 

 

 

403,072

 

Variable lease income

 

 

61,748

 

 

 

62,610

 

 

 

126,417

 

 

 

125,445

 

Other lease related income, net:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

10,416

 

 

 

6,793

 

 

 

23,296

 

 

 

20,247

 

Uncollectible straight-line rent

 

 

(16,287

)

 

 

(3,496

)

 

 

(20,189

)

 

 

(3,781

)

Uncollectible amounts in lease income

 

 

(35,792

)

 

 

(580

)

 

 

(39,844

)

 

 

(1,444

)

Total lease income

 

$

222,552

 

 

 

266,236

 

 

$

497,089

 

 

 

543,539

 

 

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 for 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 creditworthiness analysis undertaken before entering into a new lease; therefore, income from most operating leases is initially recognized on a straight-line basis.  For operating leases in which collectibility of Lease income is not considered probable, Lease income is recognized on a cash basis and all previously recognized straight-line rent receivables are reversed in the period in which the Lease income is determined not to be probable of collection.  In addition to the lease-specific collectibility assessment performed under Topic 842, the Company also recognizes 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.  

During the six months ended June 30, 2020, the Company experienced a significantly higher rate of uncollectible lease income driven by changes in expectations of collectibility of both past due rents and recoveries and future rent steps given the impact of the COVID-19 pandemic on our tenants.

Additionally, certain tenants experiencing economic difficulties during this pandemic have sought rent concessions, which the Company has granted, to date, primarily in the form of rent deferrals.  In April 2020, the FASB issued interpretive guidance relating to the accounting for lease concessions provided as a result of COVID-19.  In this guidance, entities can 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.  This guidance is only applicable to COVID-19 related lease concessions that do not result in a substantial increase in the right of the lessor or the obligations of the lessee.  The Company has elected to treat concessions that satisfy this criteria as though the concession was part of the existing contract and therefore not treated like a lease modification.  Since the COVID-19 pandemic began, the Company has executed over 600 rent deferral agreements, representing $16.4 million of rent or 1.8% of annual base rent, within its consolidated real estate portfolio and our unconsolidated real estate investment partnerships.  This deferred rent represents a weighted average deferral period of approximately 3 months, with weighted average repayment periods of approximately 10 months.  The Company will continue to negotiate with other tenants, which may result in further rent concessions as determined necessary and appropriate, and generally includes consideration of the tenants’ business performance, ability to sustain their business in the current environment, as well as an assessment of their credit worthiness and ability to repay such amounts in the future.    

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

 

(in thousands)

 

June 30, 2020

 

 

December 31, 2019

 

Tenant receivables (1)

 

$

62,228

 

 

$

35,526

 

Straight-line rent receivables

 

 

94,512

 

 

 

107,087

 

Other receivables (2)

 

 

29,492

 

 

 

26,724

 

Total tenant and other receivables

 

$

186,232

 

 

$

169,337

 

 

(1)

Tenant receivables include $6.5 million of lease payments due under rent deferral agreements executed as of June 30, 2020.  

 

(2)

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