Residential

  • June 12, 2024

    NYC Broker Bill Roils Agents, Who Say Landlords Won't Help

    Scores of brokers rallied Wednesday on the steps of New York City Hall to oppose a bill before the New York City Council that would put the onus on landlords, rather than tenants, to pay broker fees.

  • June 12, 2024

    Mass. Tax Board Says No To Decrease In Parcel Values

    The owner of a pair of Massachusetts land parcels failed to show they were overvalued by local assessors, a state tax board ruled in a decision released Wednesday, saying the owner sought relief beyond the board's authority on several issues.

  • June 12, 2024

    NJ Judicial Privacy Law Hit With Constitutional Challenge

    Companies accused of violating Daniel's Law hit back in New Jersey federal court this week, calling the judicial data privacy protection measure unconstitutionally vague, harsh and riddled with loopholes, and arguing it is being "cynically" misused by the plaintiff, a data privacy company.

  • June 12, 2024

    Saul Ewing, Atty Allowed 'Unconscionable' Lease, Suit Says

    A former Saul Ewing LLP client who is considered a vulnerable adult is suing the firm and one of its partners, claiming the lawyer failed to negotiate the "unconscionable terms" of a lease that required the client to take out a $400,000 loan and allowed his stepbrother tenant to pay rent one-seventieth the property's market value.

  • June 12, 2024

    Ore. Tax Court Affirms No Retroactive Fix To Home Value

    The tax valuation of an Oregon residence erroneously assessed at a larger square footage cannot be retroactively reduced, the Oregon Tax Court said, upholding the state tax department's rejection of the request.

  • June 12, 2024

    First 'Survivor' Winner Wants $3M Tax Case Tossed

    The winner of the first season of the TV series "Survivor" asked a Rhode Island federal court to toss the government's case against him seeking nearly $3.3 million in unpaid taxes, saying the liabilities stem from his flawed criminal conviction for tax evasion nearly 20 years ago.

  • June 11, 2024

    2nd Circ. Cites Macquarie In Booting Suit Over Go-Private Deal

    The Second Circuit refused to revive a proposed class action accusing a real estate services provider of artificially depressing share prices, applying apparently for the first time the U.S. Supreme Court's Macquarie decision on alleged failures to disclose certain information.

  • June 11, 2024

    Listing Co. Urges Court To Ignore DOJ's Broker Deal Issues

    A multiple listing service that has struck a $3 million settlement over broker commission rules told a Massachusetts federal court the changes proposed by the U.S. Department of Justice go far beyond what's required and would create an antitrust problem in the real estate industry.

  • June 11, 2024

    Conn. Man's Land Not Used For Farming, Appeals Court Finds

    A tax assessor in Connecticut properly declassified a property owner's land as farmland, the state's appellate court ruled in an opinion released Tuesday, affirming a trial court's finding that the property was no longer used for farming.

  • June 11, 2024

    San Diego Hit With Class Action Over Homeless Camp Sweeps

    Homeless residents in San Diego County filed a proposed class action against the county, two cities and state agencies in federal court, alleging they effectively criminalized homelessness amid an affordable housing shortage in order to drive unhoused citizens elsewhere.

  • June 11, 2024

    Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case

    The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.

  • June 11, 2024

    4th Circ. Sides With Baltimore Couple In Eviction Row

    A married Baltimore couple's constitutional rights were violated due to a local ordinance that caused them to lose their belongings after being evicted from their home by their landlord earlier than they expected, the Fourth Circuit ruled in a published opinion.

  • June 11, 2024

    Gawthrop Greenwood Grows Community Association Practice

    A real estate attorney specializing in homeowners and condominium associations has moved his practice to Gawthrop Greenwood PC's office in the Philadelphia suburbs after more than 21 years with M. Lyons Law Group LLC.

  • June 11, 2024

    Vt. Short-Term Rental Tax Proposal Vetoed

    A Vermont bill that would have imposed a 3% surcharge on short-term rentals was vetoed by the governor.

  • June 10, 2024

    Home Flooding Was Unavoidable, Agency Tells Appeals Court

    A Texas river management agency has told a state appeals court that a group of Houston residents' properties would have flooded regardless of its actions to mitigate Hurricane Harvey's effects, urging the appellate court to overturn a trial court order denying its bid for release from the residents' suit.

  • June 10, 2024

    Judge Sides With Tenants In Legionnaires' Coverage Dispute

    A Kentucky federal court declined to exercise jurisdiction in an insurer's attempt to secure a ruling that coverage isn't available to its landlord-insureds in a $4.5 million underlying state court action in which a tenant alleged that the landlords' negligence caused her to contract Legionnaires' disease.

  • June 10, 2024

    Mass. House Omits Local-Option Tax From $6B Housing Bill

    A proposal by Massachusetts Gov. Maura Healey to allow local-option transfer fees on high-value real estate sales was left out of a housing package worth more than $6 billion passed by the state House of Representatives. 

  • June 10, 2024

    Insurer Off Hook For HOA's $7.6M Roof Damage Replacement

    An insurer didn't act in bad faith or partake in deceptive trade practices when investigating and issuing payment for storm damage that a homeowners association suffered, a federal judge ruled, finding the insurer never accepted the HOA's nearly $8 million estimate as valid and did not agree to pay that amount.

  • June 10, 2024

    Justices Call For Do-Over In 9th Circ. Bank Preemption Case

    The U.S. Supreme Court on Monday tossed a Ninth Circuit decision rejecting federal preemption of a California state interest-on-escrow law for Flagstar Bank, ordering a do-over in the case following the high court's recent ruling on preemption standards in a similar case involving Bank of America.

  • June 10, 2024

    Gibson Dunn Advises $270M Financing For NYC Complex Plan

    A Douglaston Development affiliate has closed on $270 million in financing for a project to replace an existing Manhattan apartment building with a 39-story complex in a deal advised by Gibson Dunn & Crutcher LLP.

  • June 07, 2024

    From Delaware To Georgia: Why LaVie Is Taking Ch. 11 South

    Three years ago, LaVie Care Centers units filed for Chapter 11 protection in the common corporate venue of Delaware, but its new filing in its home state of Georgia challenges traditional norms in the practice and highlights not only local convenience, but the quality of Peach State bankruptcy bar.

  • June 07, 2024

    Tetra Tech Says Gov't On 'Fishing Expedition' In FCA Suit

    Tetra Tech and a subsidiary accused the federal government and a housing developer of a "fishing expedition" after they sought access to electronic media long after discovery closed in cases accusing the subsidiary of fraud under Navy environmental contracts. 

  • June 07, 2024

    LIHTC Developer Asks 11th Circ. To Undo Investor Takeover

    A developer told the Eleventh Circuit on Friday it is a victim of a scheme by investors using a lower court ruling to complete a takeover of two Tampa, Florida, senior housing complexes developed with federal low-income housing tax credits.

  • June 07, 2024

    11th Circ. Urged To Undo Exclusion Of $80M Asset Valuation

    A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.

  • June 07, 2024

    Lumbee Tribe Family Says Bias Sunk Home Rental Application

    A family of Lumbee Native American tribe members has alleged that a national real estate rental company violated the Fair Housing Act's anti-discrimination provisions by denying their housing application based on the father's single criminal conviction without giving him a chance to appeal.

Expert Analysis

  • In The CFPB Playbook: Abuse Policy, PACE, Payment Apps

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    From defining "abusive" conduct to implementing green energy financing to policing payment apps, the Consumer Financial Protection Bureau was busy last quarter. Akerman's Nora Rigby discusses all this and more in the first installment of bureau activity recaps by former CFPB personnel.

  • How To Avoid Flopping When Flipping Fla. Real Estate

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    As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • States Must Fight Predatory Real Estate Listing Agreements

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    As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Ohio Tax Talk: Building On Federal Affordable Housing Credit

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    Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • LA's High-Value Real Estate Transfer Tax Should Be Scrapped

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    Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Foreign Investment In Real Estate Is Getting More Complicated

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    Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • Home Equity Option Contracts Appear Ripe For Rating

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    Given that home equity option contracts share similarities with evolving asset types like litigation funding, and that courts continue to characterize them as real estate option contracts, it seems they are poised to be rated in the near future, say Darius Horton and Holly Spencer Bunting at Mayer Brown.