Residential
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July 23, 2024
Real Estate Sector Wrestles With CrowdStrike Outage
Days after a sprawling information technology outage affecting 8.5 million Windows devices grounded airplanes and halted a number of services, the toll on the real estate industry — especially for the hospitality sector and financial services firms — is still being revealed.
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July 23, 2024
Equity Commonwealth Faces Another Call To Liquidate
A second investor has called for Equity Commonwealth to begin liquidation proceedings, arguing that the real estate investment trust's statement that it plans to announce a "transformation transaction" or liquidation by year's end is more evidence of poor leadership.
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July 23, 2024
Ill. City Says Reparations Opponents Have No Standing
The city of Evanston, Illinois, has urged a federal judge to toss a proposed class action alleging a 2020 housing reparation program in the city is discriminatory, saying the plaintiffs lack standing since they are not local residents and do not own property in Evanston.
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July 23, 2024
KKR Financing REIT Sees The 'Proverbial Light' Ahead
Executives of KKR & Co.'s financing-focused real estate investment trust struck a hopeful tone about pursuing credit deals in the near future after taking a more guarded approach in the last year, while the company posted fewer losses than it previously forecasted for the second quarter.
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July 23, 2024
Mich. Raises Fine For Unreported Property Transfers
Michigan increased a penalty for property owners who fail to notify an assessor's office of a transfer of ownership under a bill signed Tuesday by Democratic Gov. Gretchen Whitmer.
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July 23, 2024
Tax Foreclosure Kickback Suit Too Late, Mich. County Says
A Wayne County, Michigan, treasurer has argued in Michigan federal court that a putative class action accusing him and other parties of engaging in a tax foreclosure and kickbacks scheme is time-barred.
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July 23, 2024
Biz Groups Form Lobby Effort To Fight FCC Bulk Billing Rules
Bulk billing agreements are often a boon for people living in apartment buildings and condos, according to a new coalition made up of multifamily housing organizations and a cable trade group, which was formed to push the Federal Communications Commission to reconsider banning such arrangements.
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July 23, 2024
Insurers Must Defend Well Driller In Lead Contamination Suit
Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.
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July 23, 2024
Miami-Dade County Nabs $40M For Public Housing Upgrades
Miami-Dade County announced that it received a $39.9 million grant from the U.S. Department of Housing and Urban Development, which will support investment in two public housing campuses in Overtown and across the entire neighborhood.
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July 22, 2024
EPA Awards $4.3B In Grants For Climate Change Projects
The U.S. Environmental Protection Agency said it's steering $4.3 billion in grant funding to 25 projects that promise to help curb greenhouse gas pollution, advance environmental justice and transition the country to clean power.
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July 22, 2024
Pretium Raises $1.5B For Investing In Single-Family Rentals
Investment firm Pretium raised $1.5 billion for its sixth single-family housing fund, surpassing its fundraising goal with investments from U.S. pension plans, insurers, U.S. wealth managers and others, the firm announced Monday.
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July 22, 2024
New Precedent, New Fate For NAR 'Cooperation' Rule Suit
A California federal judge reversed course Monday and revived a lawsuit, tossed in 2021, targeting National Association of Realtors rules that prevent real estate agents from listing properties outside their affiliated networks, after an intervening Ninth Circuit decision redirected the product market in question.
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July 22, 2024
Colo. Judge Blocks Zoning Ban On Church's Shelter Program
A Colorado federal judge preliminarily blocked a town from enforcing zoning regulations to prevent a church from allowing homeless people to live in RVs on church property, finding the church could likely prove such enforcement unlawfully violates its religious freedom.
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July 22, 2024
Greystar Can Arbitrate Security Deposit Claims, Judge Says
A California federal judge ruled that Greystar can arbitrate the claims of a named plaintiff in a putative class action that accuses the real estate company of wrongfully withholding its former tenants' security deposits.
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July 22, 2024
Nationwide Seeks Travelers' Aid In Hot Tub Illness Row
Nationwide told a California federal court a Travelers unit must help defend a condominium association in an underlying lawsuit brought by a resident alleging he needed a double lung transplant because of hot tub contaminants, arguing Travelers' pollution exclusion and fungi or bacteria exclusion didn't apply.
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July 22, 2024
Ill. Imposes 20-Year Time Limit On Property Tax Refund Claims
A 20-year time limit was set on refund requests that result from final orders of the Illinois Property Tax Appeal Board under a bill signed by Gov. J.B. Pritzker.
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July 22, 2024
'Wolf Of Airbnb' Gets 51 Mos. As Judge Sees Lack Of Remorse
A Manhattan federal judge hit the Florida man who styled himself the "Wolf of Airbnb" with over four years in prison Monday, saying the risk is high that he will break the law again after scamming New York City landlords.
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July 22, 2024
Walker & Dunlop Steers $285.5M Refi For Pa. Student Housing
Walker & Dunlop arranged $285.5 million in refinancing for two Philadelphia student housing properties owned by developer The Goldenberg Group and located on the campus of Temple University, according to a Monday announcement.
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July 22, 2024
2 Firms Rep $1.25B PE Takeover Of Senior Living Co.
Alternative investment firm Stonepeak bought up New Zealand retirement village company Arvida Group Ltd. for $1.25 billion, in an all-cash deal guided by New Zealand-based law firms Bell Gully and Chapman Tripp, according to a Monday announcement.
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July 22, 2024
NYC Real Estate Week In Review
Fried Frank and Greenberg Traurig are among the law firms that landed work on the largest New York City real estate deals to hit public records last week, a busy period that saw 10 transactions above the $20 million mark become public.
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July 22, 2024
Orange County's Shrinking Multifamily Vacancies Taper Off
Second-quarter multifamily housing vacancies in California's Orange County reached a rate of 3.9%, and didn't significantly shift from the first quarter of the year, according to a CBRE report.
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July 19, 2024
Property Plays: Barings, Blackstone, Tishman Speyer
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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July 19, 2024
Credit Rater Presses 4th Circ. To Trash Developers' Libel Suit
Credit rating firm Dun & Bradstreet has asked the Fourth Circuit to scrap a group of apartment development companies' libel lawsuit, telling the court that nothing in a credit score was provably false.
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July 19, 2024
Bank Regulators Ask 5th Circ. To Unfreeze New Lending Rules
Federal banking regulators have urged the Fifth Circuit to rescind a Texas district court's injunction blocking implementation of new community lending rules, arguing in a filing that the district court's finding essentially rewrote the Community Reinvestment Act.
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July 19, 2024
Calif. Justices Revive Row Over State Farm's Claims Handling
California's Supreme Court revived a policyholder's case over State Farm's claims-handling practices, reversing an appeals court decision and agreeing with the state's attorney general that California's statute of limitations on unfair competition actions, not the policy or insurance code, governed the timing of the case.
Chicago Arena Owners Propose $7B Mixed-Use Project
The owners of Chicago's United Center, as well as city and community leaders, unveiled a $7 billion investment that aims to build a mixed-use project across more than 55 acres of land near the sports arena, according to a Tuesday announcement.
NAR Economists See Light Amidst Continuing Slow Sales
Even as sales of existing homes reached a low not seen since 1995, the recent growth of new home inventory may be an early positive indicator if other conditions — including interest rates — improve, National Association of Realtors Chief Economist Lawrence Yun said Monday.
Invitation Homes Reaches $20M Deal To End Permit Fee Suit
Invitation Homes agreed to pay nearly $20 million to end claims that the single-family rental giant defrauded California cities by failing to pay permitting fees when the company carried out renovations on housing properties, according to federal court filings Monday.
Expert Analysis
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Expect CFPB To Enforce Warning Against 'Coercive' Fine Print
The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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After Chevron: Impact On CFPB May Be Limited
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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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.