HRPT Properties Trust Brings Litigation Challenging Constitutionality of Recent Hawaii Legislation
HRPT Properties Trust (NYSE: HRP) today announced that it has commenced
litigation to declare recent Hawaii state legislation which seeks to
limit rent increases at HRPT’s leased industrial and commercial land in
Hawaii to be in violation of the United States Constitution.
The complaint in this litigation has been filed in the U.S. District
Court for the District of Hawaii as Civil Case No. 09-0375 JMS/KSC. A
copy of the complaint also will be filed with the U.S. Securities and
Exchange Commission on Form 8-K. HRPT intends to make no further public
statements about this litigation at this time.
HRPT Properties Trust is a real estate investment trust headquartered in
Newton, MA which owns office and industrial properties throughout the
United States, including approximately 17 million sq.ft. of leased
industrial and commercial lands on Oahu, Hawaii.
WARNING REGARDING FORWARD LOOKING STATEMENTS
THIS PRESS RELEASE CONTAINS FORWARD LOOKING STATEMENTS WITHIN THE
MEANING OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 AND
OTHER FEDERAL SECURITIES LAWS. THESE FORWARD LOOKING STATEMENTS ARE
BASED UPON HRPT’S CURRENT BELIEFS AND EXPECTATIONS, BUT THEY ARE NOT
GUARANTEED TO OCCUR AND MAY NOT OCCUR. FOR EXAMPLE:
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THIS PRESS RELEASE STATES THAT RECENT HAWAII STATE LEGISLATION SEEKS
TO LIMIT RENT INCREASES AT HRPT’S LEASED INDUSTRIAL AND COMMERCIAL
LANDS IN HAWAII. AN IMPLICATION OF THIS STATEMENT MAY BE THAT HRPT
EXPECTS THE RENTS IT RECEIVES TO INCREASE. HRPT’S HAWAII LAND IS
GENERALLY LEASED UNDER LONG TERM LEASE CONTRACTS SUBJECT TO PERIODIC
RENT RESETS. THE AMOUNTS OF RENT RESETS ARE GENERALLY DETERMINED BASED
UPON NEGOTIATIONS BETWEEN HRPT AND ITS AFFECTED LESSEES, OR FAILING
AGREEMENT BY APPRAISALS. EXCEPT AS THIS PROCESS MAY BE MODIFIED BY THE
RECENT HAWAII STATE LEGISLATION, THE RENT RESET PROCESS GENERALLY SETS
RENTS BASED UPON MARKET CONDITIONS. ALTHOUGH HRPT BELIEVES THAT THE
CURRENT RENTS WHICH ARE SUBJECT TO THE RECENT LEGISLATION ARE AT BELOW
FAIR MARKET VALUE RATES, HRPT'S BELIEF MAY BE WRONG OR MARKET
CONDITIONS MAY CHANGE AND SUCH CHANGES ARE BEYOND HRPT’S CONTROL.
ACCORDINGLY, FUTURE RENT RESETS FOR HRPT’S LEASED LAND IN HAWAII MAY
NOT RESULT IN RENT INCREASES, BUT RENT RESETS MAY RESULT IN UNCHANGED
OR LOWER RENTS.
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THIS PRESS RELEASE STATES THAT HRPT HAS COMMENCED LITIGATION TO
DECLARE RECENT HAWAII STATE LEGISLATION WHICH SEEKS TO LIMIT RENT
INCREASES AT HRPT’S LEASED INDUSTRIAL AND COMMERCIAL LANDS IN HAWAII
TO BE IN VIOLATION OF THE UNITED STATES CONSTITUTION. THE IMPLICATION
OF THIS STATEMENT IS THAT THIS RECENT HAWAII LEGISLATION MAY BE
DECLARED TO BE UNENFORCEABLE. IN FACT, THE DEFENDANT STATE OF HAWAII
HAS NOT YET RESPONDED TO THIS LITIGATION. COURT RULINGS DURING
LITIGATION CAN OFTEN CAUSE UNEXPECTED RESULTS. ALSO, LITIGATION IS
OFTEN EXPENSIVE AND DISTRACTING TO MANAGEMENT. HRPT CAN PROVIDE NO
ASSURANCES REGARDING THE OUTCOME OF THIS LITIGATION.
FOR THESE REASONS, AMONG OTHERS, INVESTORS ARE CAUTIONED NOT TO PLACE
UNDUE RELIANCE ON FORWARD LOOKING STATEMENTS IN THIS PRESS RELEASE.
ALSO, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, BY ISSUING THIS PRESS
RELEASE HRPT DOES NOT INTEND TO IMPLY THAT IT WILL ISSUE UPDATES OF THE
MATTERS DISCUSSED IN THIS PRESS RELEASE.
A Maryland Real Estate Investment Trust with transferable shares of
beneficial interest listed on the New York Stock Exchange. No
shareholder, Trustee or officer is personally liable for any act or
obligation of the Trust.
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