Residential
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June 17, 2024
Consulting Firms To Pay $11.3M Over Rent Help Site Breach
A consulting firm and its subcontractor have agreed to pay $11.3 million to resolve a False Claims Act suit alleging that they allowed the personal data of low-income New Yorkers to be compromised while operating a pandemic-era rental assistance program website.
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June 17, 2024
Archer Daniels Wants Groundwater Wells Suit Tossed
Archer Daniels Midland Co. urged an Illinois state court to dismiss a proposed class action that accuses the food processing giant of damaging local properties by digging groundwater wells.
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June 17, 2024
RI Allows Unrestricted Property Tax Rates In Providence
Rhode Island is authorizing the city of Providence to adopt a classification system that allows unrestricted tax rates for residential, commercial, industrial and tangible personal property under bills that became law without the governor's signature.
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June 17, 2024
NJ Tax Court Upholds Town's $1M Valuation Of Residence
The New Jersey Tax Court affirmed the township of Montclair's roughly $1 million valuation of a single-family residence, saying the homeowners failed to account for differences in other properties that they argued warranted cutting the assessment.
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June 14, 2024
Property Plays: Net Lease REIT, Vornado, Citadel
Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.
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June 14, 2024
Zillow Settles Antitrust Case Against ShowingTime Rival
Zillow has reached a settlement ending its case in Arizona federal court accusing a pair of multiple listing services of blocking members from using its ShowingTime tool in order to protect a rival tool that allows real estate agents and others to manage property showings.
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June 14, 2024
Colo. Town Says It Took Resort Co.'s Land To Protect Sheep
A Colorado town has told a state appeals court it was justified in condemning and taking over local land that was owned by The Vail Corp. because the town needed to preserve wildlife space for a bighorn sheep herd.
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June 14, 2024
Miami Tower Takes $668M In Fla.'s Biggest Construction Loan
Kramer Levin Naftalis & Frankel LLP and Saul Ewing LLP advised developer Property Markets Group on taking out a $668 million construction loan — the largest in state history — for its Waldorf Astoria Hotel and Residences Miami.
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June 14, 2024
Political Speech Groups Challenge NJ Judicial Privacy Case
Two voting-integrity groups moved Friday to dismiss federal claims brought against them under New Jersey's Daniel's Law on the grounds that their business of publishing voter registration information is political speech protected by the First Amendment and federal voting rights laws.
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June 14, 2024
Polsinelli Adds Ex-Withers Real Estate Atty In NY
Polsinelli PC has hired a commercial real estate attorney from Withers as a shareholder in New York.
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June 13, 2024
CRE Expert Joins Emmet Marvin's Real Estate Finance Group
Emmet Marvin & Martin LLP announced that the firm has added a partner to its real estate finance group, bringing with her the commercial real estate expertise she gained from Cadwalader Wickersham & Taft LLP.
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June 13, 2024
NexPoint Asks Investors To Shake Up REIT After Ponzi Case
In a letter to shareholders June 13, an investor accused four incumbent trustees of repeatedly acting against their fiduciary duties in overseeing United Development Funding, a Texas-based firm controlled by four executives now serving time for running a Ponzi scheme.
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June 13, 2024
Mich. Bill Seeks Income Tax Credit For Home Down Payments
Michigan would create an income tax credit for homebuyers who purchase a single-family residence that would equal a portion of the down payment amount as part of a bill introduced in the state House of Representatives.
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June 13, 2024
Fla. Developer Inks $50M Capital Stack for Affordable Complex
Developer and construction company Pinnacle announced that it has secured $49.9 million in financing from various sources, which will allow the company to begin construction on a 120-unit expansion of an affordable housing community in unincorporated Miami-Dade County.
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June 13, 2024
Blackstone's $10B AIR Buy Gets Nod From Top 2 Proxy Firms
Denver-based Apartment Income REIT Corp.'s shareholders have recommendations from the two leading proxy advisory firms to approve an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, the company announced June 13.
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June 13, 2024
Thompson Thrift Closes $250M Multifamily Development Fund
Thompson Thrift announced that the national real estate firm raised more than $250 million for its latest multifamily development fund, which will enable work on seven housing communities in suburban markets across the nation.
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June 13, 2024
Ohio Senate OKs Requiring Tax Payments For Property Splits
Ohio would require delinquent property taxes to be paid before a real parcel was subdivided or transferred and would prohibit tax-delinquent property owners from buying tax-foreclosed property under a bill passed by the state Senate.
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June 13, 2024
NYC Real Estate Week In Review
Willkie, Latham and Milbank were among the law firms that handled the largest New York City real estate deals that hit public records last week, a period that saw three deals north of $100 million hit records.
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June 12, 2024
NY Court Axes Landlords' Challenge To Rent Law Tweak
A New York federal judge dismissed landlords' suit challenging a December law that raised the stakes for property owners that fail to cooperate with municipalities attempting to enact rent stabilization, finding again that their Fourth and Fourteenth Amendment claims fall short.
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June 12, 2024
Oversupply Drags On Sun Belt Multifamily Sector
More than a fifth of multifamily collateralized loan obligations were categorized as concerning in April, with markets in the West and Southwest seeing the most concern, according to a recent report from KBRA Analytics.
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June 12, 2024
The Loan Discrimination Suits Notching Through Fed. Courts
Lawsuits over loan discrimination and the fallout faced by minority borrowers are being litigated in federal courts across the country, with banks, developers and the federal government facing claims.
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June 12, 2024
Calif. Pension System Invests $100M In Nuveen Housing Fund
The California Public Employees' Retirement System has provided $100 million for global investment manager Nuveen's affordable housing fund, Nuveen announced Wednesday.
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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.
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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.
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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.
Expert Analysis
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Assessing The Future Of Colorado's Economic Loss Rule
The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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What Shareholder Approval Rule Changes Mean For Cos.
The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.
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White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'
Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.
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How 2 CFPB Advisory Opinions Affect Reporting Agencies
The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.
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Algorithmic Pricing Programs Caught In Antitrust Crosshairs
The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.
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A Welcome Turning Of The Page For Residential Real Estate
After one of the most challenging years on record for residential real estate, 2024 will likely be a time of transition to a stabler business climate, as sellers lose some of their excess bargaining power and the pace of sales picks up, says Marty Green at Polunsky Beitel.
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Strict Duty To Indemnify Ruling Bucks Recent Trend
A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.
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Ill. Insurance Ruling Helps Developers, Community Orgs. Alike
The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.
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NJ Foreclosure Law Will Have Multifaceted Impact On Lenders
New Jersey's A.B. 5664 introduces significant reforms to foreclosure proceedings in the state, potentially lessening the burden on lenders and servicers to maintain foreclosed properties, but also brings new limitations and time frames, say Christina Livorsi and Wael Amer at Day Pitney.
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11 Noteworthy CFPB Developments From 2023
Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.