EXHIBIT 10.40.1 JOINDER AGREEMENT

JOINDER AGREEMENT, dated as of January 4, 2016 (this “Joinder Agreement”), made by Forest City Realty Trust Inc. (the “New Guarantor”) in favor of Bank of America, N.A., as administrative agent (in such capacity, together with its successors and assigns, the “Administrative Agent”) for the Lenders referred to in that certain Credit Agreement, dated as of November 17, 2015 (as amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among Forest City Enterprises, L.P. (permitted successor to Forest City Enterprises, Inc.) (together with its permitted successors and assigns, the “Borrower”), the affiliates of the Borrower identified therein as Guarantors, the Lenders party thereto, Bank of America, N.A., as Administrative Agent, and Bank of America, N.A. and PNC Bank, National Association, as Swing Line Lenders and L/C Issuers.

1.The New Guarantor, hereby acknowledges that it has received and reviewed a copy of the Credit Agreement, and acknowledges and agrees to:

2.The New Guarantor represents and warrants that the representations and warranties contained in Article V of the Credit Agreement as they relate to the New Guarantor or which are contained in any certificate furnished by or on behalf of the New Guarantor are true and correct on the date hereof.

3.The address, taxpayer identification number and jurisdiction of organization of the New Guarantor is set forth in Annex I to this Joinder Agreement.

4.This Joinder Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single agreement.

5.Except as expressly supplemented hereby, the Credit Agreement and the Guaranty shall remain in full force and effect.