Residential
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
Florida, Georgia, Others Peel Back Real Estate Taxes
Voters in seven states approved a spate of real estate tax ballot initiatives on Election Day, including measures that would curb property taxes for veterans, residential property owners and residents of municipalities that fail to enforce nuisance laws.
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November 05, 2024
California Voters Reject Cities' Rent Control Authority
California voters on Tuesday rejected Proposition 33, a ballot initiative that would have expanded local governments' authority to enact rent control measures but that opponents argued would have made the state's housing crisis worse.
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November 05, 2024
Miami Condo Owners Sue Over 'Dangerous' Conditions
A nonprofit representing a group of Miami luxury condominium residents sued the building's owners in Florida state court for allegedly neglecting the building's conditions for years, putting the building at risk of collapsing.
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November 05, 2024
Management Co. Says Insurer Can't Duck HOA Fire Coverage
A property management company has taken an Auto-Owners Insurance unit to North Carolina federal court for allegedly trying to pull back defense and indemnity coverage it had already been providing in an underlying lawsuit brought by a homeowners' association over a 2021 fire, arguing that it's too late for the insurer to back out.
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November 04, 2024
NYC Council Adds Affordability Plan To Resi Zoning Debate
The New York City Council unveiled the outline of a plan it says would ensure more affordable and livable housing, adding that the proposal augments Mayor Eric Adams' housing zoning reform plan.
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November 04, 2024
Shell Slips Negligence Claim In Pa. Nuisance Lawsuit
Neighbors of Shell Chemical Appalachia's Western Pennsylvania ethylene cracker plant will need to be more specific about dust and pollution affecting their homes if they want to revive a negligence claim that a federal court struck from a proposed class action Monday.
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November 04, 2024
Colo. AG Underestimates Tenants, Rental Home Group Says
A trade group has argued that Colorado's attorney general views tenants as "unsophisticated consumers" when he told the state Supreme Court that a group of tenants should be able to sue Blackstone subsidiaries over lease terms exchanging maintenance work for a rent discount.
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November 04, 2024
Calif. Sues Los Angeles Suburb Over Homeless Shelter Ban
California on Monday sued the Los Angeles County city of Norwalk, arguing a law it enacted in August banning new shelters, single-room developments and other forms of supportive housing violates regulations meant to address the state's housing crisis.
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November 04, 2024
DC Makes Housing Tax Break Competitive Process Permanent
The District of Columbia made permanent its temporary authorization of a competitive process for tax abatements for housing developments under legislation signed by the mayor, though the measure is subject to congressional review before it becomes law.
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November 04, 2024
NYC Real Estate Week In Review
Sullivan & Cromwell and Meltzer Lippe are among the law firms that guided the largest real estate deals that hit New York City records last week, a slow period that saw only four transactions north of $15 million become public.
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November 04, 2024
GrayRobinson Adds Trio Of Attys To Tampa Office
GrayRobinson PA announced Monday that it has boosted its local government, education and commercial litigation offerings with three hires for its Tampa office — two new shareholders and a senior associate.
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November 04, 2024
Mortgage Co. Accused Of 'Bad Faith' In Settlement With Atty
A former staff attorney with a mortgage company has accused the business of "bad faith" for purportedly trying to renegotiate the terms of a settlement to resolve her Texas state lawsuit alleging she was fired after she witnessed inappropriate sexual behavior by a deputy general counsel.
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November 04, 2024
Haynes Boone Hires 3 More RE Attys From Holland & Knight
Haynes and Boone LLP has hired a trio of attorneys from Holland & Knight LLP in Dallas and Northern Virginia, saying Monday that their additions will complement the firm's real estate and finance offerings.
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November 04, 2024
IRS Finalizes Seized Property Rules To Include Online Sales
The Internal Revenue Service issued final rules Monday meant to modernize regulations governing the seizure of property by levy, including facilitating the online sale of a property and the agency's ability to maximize sale proceeds for the property owner's benefit.
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November 01, 2024
Property Plays: Energy Capital, Flatiron, CareTrust
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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November 01, 2024
CFPB Inks Deal With Townstone Over Redlining Claims
The Consumer Financial Protection Bureau informed an Illinois federal court on Friday that it has reached a settlement with Townstone Financial resolving its redlining claims against the mortgage lender.
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November 01, 2024
Treasury Expands Foreign Land Transaction Authority
The U.S. Department of the Treasury announced Friday that it has added 59 new military installations to the list of those over which it has jurisdiction to review any nearby real estate transactions involving foreign citizens.
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November 01, 2024
Gibson Dunn Works On Flatiron Building's Financing
Real estate developer and owner The Brodsky Organization borrowed more than $406 million worth of mortgage loans from Tyko Capital for the Flatiron Building in Manhattan, New York, in a set of deals worked on by Gibson Dunn & Crutcher LLP, according to official property records released Friday.
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October 31, 2024
Feds: No 'Willfulness' Needed In Texas AG-Tied Investor Case
Federal prosecutors asked a Texas federal judge to reject an attempt by an investor at the center of the failed impeachment of Texas Attorney General Ken Paxton to toss the fraud case, saying Wednesday that "willfulness" isn't needed for a conspiracy to commit wire fraud conviction.
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October 31, 2024
Zillow's New Climate Tool Spotlights Old Insurance Concerns
Real estate marketplace Zillow recently launched a new tool that lists property climate risks and insurance recommendations, a move toward consumer transparency that also reignited existing concerns over climate modeling, environmental risks and the resulting property insurance implications.
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October 31, 2024
Calif. Judge Tees Up LIHTC Property Ownership Row For Trial
A California federal judge largely refused summary judgment requests in a fight between three entities struggling for control of a Low-Income Housing Tax Credit-funded property in Long Beach, saying a jury must decide whether a contractual purchase provision was properly triggered.
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October 31, 2024
Equity Touts Acquisitions With New Apartment Supply Waning
Chicago-based apartment owner Equity Residential said Oct. 31 that transaction activity is improving and pointed to $1.2 billion worth of acquisitions in the Atlanta, Dallas and Denver metros in its third-quarter results, while forecasting a continued scarcity of housing.
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October 31, 2024
Airbnb Insurance Providers Sued Over Undisclosed Fees
A proposed class of Airbnb users sued two insurers for the rental platform in Washington federal court, alleging the providers violate state law by charging consumers who buy their travel insurance with an unavoidable "assistance fee."
Expert Analysis
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In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.
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State Licensing Pitfalls Mortgage Servicers Must Beware
A recent enforcement action from the Washington Department of Financial Institutions demonstrates how subtle distinctions in state mortgage servicer licensing laws may come as a surprise to some companies, even if they never directly receive payments or interact with borrowers, says Clayton Swears at Hudson Cook.
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Keys To Strong Parking, Storage Contracts For NYC Buildings
Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, say Matthew Eiben and Adam Lindenbaum at Rosenberg & Estis.
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Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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What Fla. Ruling Means For Insurer Managed Repair Programs
A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.
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Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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What NYC's Green Fast Track Means For Affordable Housing
New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.