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Allen A. Lynch, II



Allen Lynch leads the Real Estate group’s Seniors Housing and Care team. He represents capital providers and developers in several asset classes and operators of seniors housing and care communities.

What do you focus on?

Real Estate

For developers of New England properties, I provide site acquisition, entitlement, due diligence, condominium formation and closing services. For domestic and international capital providers, I structure and negotiate joint ventures, conduct legal due diligence, advise on risk mitigation, negotiate and document financings, obtain regulatory approvals and handle acquisitions and dispositions of real property and operating assets throughout the U.S. As a representative example, I provided many of these services to Archstone in the complex development of Archstone Boston Common, a large mixed-used project and the first of its kind in the city in more than 20 years.

Multi-family and Seniors Housing and Care

In the multi-family sector, I serve as the lead dispositions and workout counsel to the country’s top asset managers for institutional investors in affordable housing communities selling assets developed under the Section 42 tax credit program. For Boston Capital, ranked as the largest apartment owner in the U.S., I’ve handled more than 1,000 disposition transactions and numerous special assets matters. In the seniors housing and care space, I have more than 15 years of experience representing parties in transactions and operations engagements ranging from single property matters to several of the most notable transactions in the industry involving publicly traded and privately held clients. Representative engagements range from leading a team that closed a $93M bond offering for North Hill Communities, Inc. (which owns and operates one of the largest and most successful continuing care retirement communities in Boston) to representing an institutional owner in a large multi-state workout of a master-leased portfolio of skilled nursing facilities.

Industry leadership

My many years of service on the boards of large for-profit and nonprofit seniors housing and care operators, coupled with my active industry involvement and teaching at the Erickson School of Aging Studies, enable me to provide forward-looking business insights and legal solutions to my clients.

What do you see on the horizon?

I’ve been closely following the impact of the Affordable Care Act on health care related real estate and seniors housing and care product types, driven by the migration of reimbursement from a fee-for-services basis to an outcomes basis. As millions more Americans enter the health care system and the country’s population ages rapidly, I’m developing strategies for my clients—in particular investors in and operators of seniors housing and care properties—to proactively identify opportunities and lessen their risk in this new world order.

Publications

Allen is the author of the chapter entitled “Land Use Issues” in the HDR Affordable Seniors Housing Handbook.

He was the principal author of the white paper “Risky Business: The Enforceability and Use of Negotiated Risk Agreements,” which received the first place award in the Seniors Housing and Care Journal published by Johns Hopkins University and the National Investment Center for the Senior Housing and Care Industry.

Author of the alert “Arbitration Agreement for Skilled-Nursing Wrongful Death Claim is upheld by SJC” Seniors Housing and Care Alert, May 7, 2007.

Presentations

  • Future of Downtown Boston, Moderator (August 13, 2014)
  • NIC  National Conference:  Moderator, “Today’s and Tomorrow’s Strategies for Operators and Investors to Succeed in the New ACA Environment” (October 10, 2013)
  • Massachusetts Leading Age: “The Impact of Changes to the Massachusetts CCRC Statute on Providers” (March 23, 2013)
  • Institute for Professional and Executive Development: Tax Credit Dispositions in 2012. “Structuring LIHTC Property and Interest Sales” (June 14, 2012)
  • University of Maryland at Baltimore County, Erickson School of Aging Studies: Operations and Management for Seniors Housing and Care. “Risk Management for Non-Risk Managers” (October 8, 2011)
  • The New England Alliance of American College of Healthcare Administrators: Spring Regional Conference. “Evidence-Based Risk Management and the Future of Skilled Nursing”  (May 25, 2011)
  • Institute for Professional and Executive Development: Tax Credit Dispositions in 2011. “15 as the New 11” (April 7, 2011)
  • 2010 MassAging Senior Living Symposium (March 11, 2010)—Legal Roundtable on Corporate Structuring Considerations in Financings

Previous presentations

  • NIC Fall Annual Conference; LeadingAge Annual Conference; ALFA Legal Affairs Committee; Erickson School of Aging Studies Lead Instructor, Risk Management); Mass-ALFA

Representative Experience

  • Represented the seller in the sale of a 162-unit senior housing complex located in Santa Rosa, California. The complex provides independent and assisted living services to seniors. Nixon Peabody handled complex negotiations on the initial purchase and sale agreement that involved a sale/leaseback structure for California licensing purposes, as well as a sale of the improvements and assignment of the land’s ground lease.
  • Represented a foreign investor in the sale to other foreign investors of equity interests in a U.S. venture owning several portfolios of regional shopping malls valued at $800M, together with the sale of a $26M unsecured loan to the joint venture, which required resolution of many complex partnership, tax, debt, and restructuring issues.
  • Represented a publicly traded REIT in a leasing transaction involving 14 skilled nursing facilities throughout the Northeast.
  • Counsel to a publicly traded REIT in its acquisition and leasing of a $70M continuing care retirement community.
  • Serve as outside General Counsel to the largest continuing care retirement community in metropolitan Boston handling its day-to-day legal affairs and mitigating operating risks.
  • Represent a regional health care lender financing the acquisition, development and expansion of seniors housing campuses (independent living, assisted living and continuing care retirement communities) throughout New England.
  • Counsel to a publicly traded domestic REIT in its acquisition and development of a $140M mixed-use property in Boston involving difficult structuring, permitting and title issues.
  • Represented, as Assistant Special Counsel, the Boston City Council in its approval of the development of a $700M convention center.
  • Represented a foreign investor in two acquisitions and a disposition of a New England seniors housing portfolio valued at $890M, and counseled client on a range of asset management matters throughout the ownership period.
  • Serve as primary counsel to the largest owner of multi-family units in the U.S. in the workout and disposition of investment interests in projects throughout the country, having closed in excess of 800 transactions.
  • Counsel to a leading New England–based nonprofit owner and provider of seniors housing and care in structuring and executing an expansion strategy focused on development of several new campuses.
  • Represented a buyer/operator in its acquisition of three skilled nursing facilities, handling complex CHOW matters.
  • Represented an international investor in the complex workout and sale of real estate holdings throughout the U.S. of $1.3B of multi-family portfolios, requiring coordination with exits from European and Asian holdings.
  • Counsel to a U.S. developer, owner and operator of a seniors housing portfolio situated throughout the Northeast in joint venture, development, regulatory and financing matters.
  • Represented a leading asset manager in sales of large-scale affordable multi-family apartment complexes throughout the U.S.
  • Represented the General Partner in the sale of its interests in a five-property multi-family portfolio valued at $81M requiring, in particular, the resolution of debt assumption and guaranty issues.

China: The Wild, Wild East

Seniors Housing Business | March 01, 2015

Boston Real Estate partner and leader of the firm’s Seniors Housing team Allen Lynch authored this column discussing China as the new frontier for the U.S. seniors housing and care industry.

Contact

Allen A. Lynch, II

Partner

Boston

Phone: 617-345-1235


Fax: 866-947-0730

Johns Hopkins University, Graduate School of Business, Senior Housing and Care Certificate

University of New Hampshire School of Law, J.D.

Hartwick College, B.A.

Massachusetts

In 2013, Allen was recognized as a “Super Lawyer” by Massachusetts Super Lawyer.

Board of Advisors, Itacit, Inc., a next-generation technology company that has developed a comprehensive, multilingual workforce optimization cloud platform for companies in the health care space.

Allen is a member of the principal trade organizations in the senior housing and care industry. He has served on several committees and task forces of the National Investment Center for the Seniors Housing & Care Industry, most recently on the Oversight Committee for the Future Leaders Council and the Fall Conference Planning Committee.

He served for eight years as an independent director of Senior Living Management, LLC, which through an affiliate owned and operated over 90 skilled nursing facilities.

Allen is an Executive Education Fellow at the Erickson School of Aging Studies at the University of Maryland at Baltimore County, where he has been the lead instructor of the course “Risk Management for Seniors Housing and Care,” and is a regular guest lecturer in other courses at the school.

Allen has also served on the boards of several nonprofit organizations, as president of a community association and member of the planning board in his hometown.

He is currently a member of the Board of Trustees of Hebrew SeniorLife (serving on the Housing Committee), a leading nonprofit provider of health care and housing to seniors in the metropolitan Boston area and beyond.

Allen has also been an active participant in the American Cancer Society’s DetermiNation endurance athlete program, through which he has raised thousands of dollars for ACS.

Allen regularly represents artists on a pro bono basis through Volunteer Lawyers for the Arts.

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