Residential
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July 11, 2024
Pa. Lawmakers OK Pittsburgh Homeowner Tax Break Program
Pennsylvania would authorize Pittsburgh to adopt a property tax relief program that would let longtime homeowners claim tax breaks related to rising real estate taxes under a bill that narrowly passed the state House and next goes to Democratic Gov. Josh Shapiro.
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July 11, 2024
7th Circ. Says Indiana City's Property Seizure Was Rational
The Seventh Circuit sided with an Indiana city and its eminent domain seizure of local property owned by a fireworks business, ruling that the city's takeover of the property was rational.
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July 10, 2024
NJ Property Developer Files Ch. 11 With Up To $50M Liabilities
Real estate developer JGA Development LLC, which owns and operates 84 units and has been developing dozens more, filed for Chapter 11 protection in New Jersey on Tuesday with up to $50 million each of assets and liabilities.
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July 10, 2024
LA Sues To Block Short-Term Rental Operation
The City of Los Angeles accused a Ukrainian business owner and his cohorts in California state court of illegally advertising and booking unregistered short-term rentals "thousands upon thousands of times" and raking in millions of dollars.
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July 10, 2024
NJ Panel Says Tax Amendment Challenge Had No Real Claim
A New Jersey state appeals court on Wednesday tossed a challenge to an amendment blocking certain appeals from being litigated in the state's tax court, reasoning that parties can still fight tax matters in trial court.
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July 10, 2024
NJ Justices OK Class Waivers Sans Arbitration Mandates
Class action waivers don't require a mandatory arbitration provision to be enforceable, the New Jersey Supreme Court ruled Wednesday, while also warning that waivers deemed unconscionable for other reasons may be invalidated.
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July 10, 2024
Property Owners, Developers End $34M Apartment Sale Suit
A real estate investor, a pair of property sellers and First American Title Insurance Co. have agreed to permanently drop claims involving the $34 million sale of two Ann Arbor, Michigan, student apartment buildings, according to a federal judge's order.
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July 10, 2024
Federal Claims Tossed In Colo. Short-Term Rental Row
A Colorado federal judge partially dismissed and remanded a suit filed by a nonprofit representing vacation rental owners who claim that a resort town's laws governing short-term rental licenses are overly restrictive.
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July 10, 2024
Mich. County Fights To Keep $217M Edenville Dam Repair Tax
Homeowners attacking a localized tax to fund the reconstruction of four dams have already had a chance to contest the assessment and shouldn't get a second one, a Michigan county told a federal judge Tuesday.
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July 10, 2024
NY City Adopts 'Good Cause' Eviction Protections Once More
Poughkeepsie, New York, became the third city to opt in to "good cause" eviction protections since the state Legislature adopted the renter safeguards via the fiscal year 2025 budget, years after a local version of the regulation was struck down in court.
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July 10, 2024
7th Circ. Says Foreclosure Limits Man's Fire Coverage Claim
A homeowner did not have an insurable interest in the full value of a home that burned down while in foreclosure, the Seventh Circuit ruled, affirming that recovery was limited to the value of his temporary right to possess the property until 30 days after its judicial sale was confirmed.
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July 10, 2024
Former McElroy Deutsch CFO Hits Ch. 11 Amid Theft Cases
McElroy Deutsch Mulvaney & Carpenter's former chief financial officer filed for bankruptcy in New Jersey this week as he awaits sentencing for embezzling over $1.5 million from the firm over a period of years via fraudulent bonuses.
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July 10, 2024
The Real Estate Bankruptcies Making Headlines This Year
The real estate industry is no stranger to distress, but recent market headwinds have made it even harder for certain companies to chart the course to calmer seas. Catch up on the major real estate bankruptcy developments that have made headlines so far this year.
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July 10, 2024
Real Estate Fundraising Charts Slow Recovery
Private real estate fundraising remains fairly weak at the midpoint of the year, though investors have been building more of an appetite for the property industry that should lift prospects in the coming months.
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July 10, 2024
Insurer, Property Cos. Settle Lead Poisoning Coverage Suit
An insurer for a Detroit property owner and manager told a Michigan federal court they have settled their coverage dispute over a woman's claims that her 2-year-old girl suffered lead poisoning at the property, which she said was left in a state of disrepair.
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July 10, 2024
Sheppard Mullin Adds Winston & Strawn Real Estate Duo
Sheppard Mullin Richter & Hampton LLP has strengthened its real estate, energy, land use and environmental practice with two partners in Houston who joined from Winston & Strawn LLP.
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July 10, 2024
Wash. Condo Assoc. Wants Allstate To Cover $9.7M In Repairs
A Washington condominium association is suing Allstate Insurance Co. in federal court, saying it broke their coverage agreement by refusing to cover $9.7 million in repairs for "hidden damage" to the buildings' exteriors.
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July 10, 2024
CFPB Pitches Plan To 'Streamline' Mortgage Servicing Rules
The Consumer Financial Protection Bureau said Wednesday that it wants to revamp its mortgage servicing rules to make it faster and easier for struggling homeowners to access forbearance and other relief options, proposing changes that draw in part on lessons learned from the COVID-19 pandemic.
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July 10, 2024
Cushman's Retail Leader Talks Malls' Evolution
What do a pickleball court, a beer garden, a boxing ring and a hospital have in common? Depending on where you are in the U.S., you may come across any one of these at your local shopping mall, said Cushman & Wakefield's retail practice group leader.
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July 09, 2024
Manhattan Borough Prez Seeks Changes In NYC Housing Plan
Manhattan Borough President Mark Levine detailed proposed changes Tuesday for New York City Mayor Eric Adams' "City of Yes for Housing Opportunity" affordable housing plan, including a sunset on simplified office-to-residential conversions.
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July 09, 2024
No Respite For Sunbelt In Nationwide Apartment Permit Drop
The number of permits issued to developers of multifamily housing in the first half of 2024 marked a nearly 30% dip from levels seen during the same period in 2021, 2022 and 2023, according to a report released by Redfin on Tuesday.
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July 09, 2024
Mich. Property Tax Elimination Fails To Get On 2024 Ballot
A constitutional amendment that would have eliminated Michigan's property taxes will not appear on the 2024 state ballot after its backers failed to submit the signatures needed to qualify, the secretary of state's office confirmed Tuesday.
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July 09, 2024
Tampa Atty Accused Of Fraud In Long-Running House Dispute
A Tampa-area estate lawyer has been accused of fraud conspiracy in a state court lawsuit brought by a former tax attorney who alleges that her house was taken to collect fees stemming from a false guardianship case, saying a court order that revoked possession of the property violated the Florida Constitution.
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July 09, 2024
Fund Scores $83M For Workforce Housing Investments
Clear Investment Group raised more than $83 million for a fund that aims to "maximize investor value through the stabilization of distressed workforce housing," the multifamily real estate investment firm said Tuesday.
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July 09, 2024
REIT Closes On Ground Leases For Calif. Affordable Projects
Real estate investment trust Safehold Inc. announced that the company has closed on ground leases for the development of four affordable housing communities in Santa Clara, California, and Concord, California.
Expert Analysis
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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.
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Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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NJ Justices Clarify First-Party Indemnification Availability
In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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A Framework For Investigating Commercial Loan Fraud
As commercial loan transactions are increasingly subject to sophisticated fraud schemes, lenders must adopt dynamic strategies to detect, investigate and mitigate these schemes, say attorneys at Baker Donelson.
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Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How NY Co-Ops Can Minimize Sale Rejections Based On Price
New York co-op sales are regularly rejected for being below undisclosed price minimums, and co-op boards should address this problem by sharing information more transparently and allowing some flexibility for below-market sales, say Pierre Debbas and Seth Feldman at Romer Debbas.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.