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Hedge Fund Activist Is Shorting New York Office Stocks

Reported by Wsj
May 22, 2020· 2 min read
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Key Takeaways
  • • Jonathan Litt's Land & Buildings Investment Management is establishing short positions in major New York City office REITs, including Empire State Realty Trust and SL Green Realty, betting on declines in the office real estate sector.
  • • The hedge fund's activist short strategy couples negative equity positions with public investor activism, a dual approach that has become increasingly scrutinized by regulators and market participants.
  • • Activist short-selling remains a controversial investment approach, with critics arguing it can abuse securities regulations while proponents contend such strategies provide valuable proprietary research and help recover investor losses from overvalued positions.
  • • The strategy reflects broader concerns about the NYC office market's structural challenges, though Litt has publicly stated the market is "out of the woods in real disasters."
Summary
Jonathan Litt's hedge fund, Land & Buildings Investment Management, is taking short positions in prominent New York City office real estate investment trusts, specifically Empire State Realty Trust and SL Green Realty, signaling bearish conviction on the office sector. The fund couples these short equity bets with activist investor tactics—a strategy known as activist short-selling that has generated substantial debate within the investment industry.

Activist short-selling represents a hybrid approach that combines traditional short positions with the public engagement strategies typically associated with long-focused activist investors. Rather than passively holding negative positions, practitioners of this strategy actively publicize their research findings and engage with company stakeholders to influence corporate actions or market perception. This dual activism-and-shorting model has become a focal point for regulatory scrutiny and policy debate, with government investigations and proposed rules emerging to address concerns about potential abuses of securities laws.

The strategy remains deeply controversial within financial markets. Critics argue that activist short-sellers exploit regulatory gaps to build large stakes while simultaneously talking down valuations, creating potential conflicts of interest and promoting short-termism. Conversely, defenders contend that activist short-sellers provide independent proprietary research that can protect investors from losses associated with overvalued securities and help uncover legitimate corporate governance issues or financial irregularities.

Litt's positioning in NYC office REITs occurs within a broader market context of uncertainty about Manhattan's commercial real estate trajectory. Despite his short positions, Litt has publicly stated that NYC's office space market is "out of the woods in real disasters," suggesting measured concerns rather than apocalyptic predictions about the sector's fundamentals. The short positions and activist engagement represent a targeted view rather than a wholesale rejection of the office market's viability.

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Sources

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Wsj Hedge Fund Activist Is Shorting New York Office Stocks