The Company owns rental properties which are leased to tenants under operating leases with current expirations ranging from 2021 to 2055, with options to extend or terminate the lease. Revenues from such leases are reported as Rental income, net, and are comprised of (i) lease components, which includes fixed and variable lease payments and (ii) non-lease components which includes reimbursements of property level operating expenses. The Company does not separate non-lease components from the related lease components, as the timing and pattern of transfer are the same, and account for the combined component in accordance with ASC 842.

Fixed lease revenues represent the base rent that each tenant is required to pay in accordance with the terms of their respective leases reported on a straight-line basis over the non-cancelable term of the lease. Variable lease revenues include payments based on (i) tenant reimbursements, (ii) changes in the index or market-based indices after the inception of the lease, (iii) percentage rents or (iv) the operating performance of the property. Variable lease revenues are not recognized until the specific events that trigger the variable payments have occurred.

(a)	Excludes amortization related to lease intangible assets and liabilities of $166 and $606 for the three and nine months ended September 30, 2021, respectively, and $183 and $556 for the three and nine months ended September 30, 2020, respectively.

In many of the Company’s leases, the tenant is obligated to pay the real estate taxes, insurance, and certain other expenses directly to the vendor. These obligations, which have been assumed by the tenants, are not reflected in our consolidated financial statements. To the extent any such tenant defaults on its lease or if it is deemed probable that the tenant will fail to pay for such obligations, a liability for such obligations would be recorded.

During the year ended December 31, 2020, in response to requests for rent relief from tenants impacted by the COVID-19 pandemic and the governmental and non-governmental responses thereto, the Company deferred and accrued $3,360,000 of rent payments, excluding amounts related to Regal Cinemas as described below. For 2020, the three and nine months ended September 30, 2021 and for October 2021, the Company collected $497,000, $512,000, $2,241,000 and $143,000, respectively, of such deferred rents. The $479,000 balance of deferred rents is deemed collectible and is expected to be collected during the remainder of 2021 through 2023.

On a quarterly basis, the Company assesses the collectability of substantially all lease payments due by reviewing the tenant’s payment history or financial condition. Changes to collectability are recognized as a current period adjustment to rental revenue. In February 2021, the Company executed lease amendments with Regal Cinemas, a tenant at two properties, which was adversely affected by the pandemic. In connection with the lease amendments, the Company did not accrue and agreed to defer an aggregate of $1,449,000 of rent otherwise payable from September 2020 through August 2021, the tenant agreed to pay an aggregate of $441,000 of rent during that same period and the parties extended the lease for one of these properties for two years. Through October 31, 2021, the tenant is current on all lease payments in accordance with these lease amendments. The Company did not accrue the deferred rents due from September 2020 through August 2021 as collections were deemed less than probable. The Company has assessed the collectability of all recorded lease payments as probable as of September 30, 2021.

NOTE 3 – LEASES (CONTINUED)

Minimum Future Rents

As of September 30, 2021, the minimum future contractual rents to be received on non-cancellable operating leases are included in the table below (amounts in thousands). The minimum future contractual rents do not include (i) straight-line rent or amortization of intangibles, (ii) COVID-19 lease deferral repayments accrued to rental income in 2020 and (iii) variable lease payments as described above.


From October 1 – December 31, 2021	$	17,590
For the year ending December 31,
2022		66,237
2023		60,402
2024		52,268
2025		47,809
2026		43,755
Thereafter		146,220
Total	$	434,281

Lease Termination Fees

In January 2021, the Company received $350,000 as a lease termination fee from a retail tenant in connection with the tenant’s exercise of its lease termination option. The Company is amortizing this fee to revenues over the revised lease term expiring January 15, 2022.

In December 2020, the Company received $88,000 as a lease termination fee from an industrial tenant in connection with the tenant’s exercise of its lease termination option. The Company amortized this fee to revenues over the revised lease term which expired May 31, 2021.

Lessee Accounting

Ground Lease

The Company is a lessee under a ground lease in Greensboro, North Carolina, which is classified as an operating lease. The ground lease expires March 3, 2025 and provides for up to four, 5-year renewal options and one seven-month renewal option. As of September 30, 2021, the remaining lease term, including renewal options deemed exercised, is 13.4 years. The Company recognized lease expense related to this ground lease of $150,000 and $449,000 for the three and nine months ended September 30, 2021, respectively, and $121,000 and $383,000 for the three and nine months ended September 30, 2020, respectively, which is included in Real estate expenses on the consolidated statements of income.

Office Lease

The Company is a lessee under a corporate office lease in Great Neck, New York, which is classified as an operating lease. The lease expires on December 31, 2031 and provides a 5-year renewal option. As of September 30, 2021, the remaining lease term, including the renewal option deemed exercised, is 15.3 years. The Company recognized lease expense related to this office lease of $14,000 and $41,000 for the three and nine months ended September 30, 2021, respectively, and $14,000 and $42,000 for the three and nine months ended September 30, 2020, respectively, which is included in General and administrative expenses on the consolidated statements of income.

NOTE 3 – LEASES (CONTINUED)

Minimum Future Lease Payments

As of September 30, 2021, the minimum future lease payments related to the operating ground and office leases are as follows (amounts in thousands):


From October 1 – December 31, 2021	$	128
For the year ending December 31,
2022		506
2023		507
2024		557
2025		626
2026		627
Thereafter		6,220
Total undiscounted cash flows	$	9,171
Present value discount		(1,888)
Lease liability	$	7,283