Residential
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Land-Use Attys Praise NYC's Modified Zoning Plan
Land-use attorneys say a revised version of Mayor Eric Adams' City of Yes plan — New York City's most comprehensive zoning overhaul in over 60 years, if approved — will speed up affordable housing production, yet they stressed a continued need for more infrastructure investment and funding.
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November 25, 2024
Justices Won't Hear Takings Clause Claim For Wrecked House
The U.S. Supreme Court on Monday denied a woman's petition seeking to review a Fifth Circuit decision that held McKinney, Texas, did not need to compensate her for destroying her home while resolving a hostage situation with an armed fugitive.
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November 25, 2024
Housing Project Will Pollute Public Water, Conn. City Says
The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.
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November 25, 2024
Condo Boards Likely Safe From Corporate Transparency Law
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.
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November 25, 2024
Fla. Judge Won't Toss Banker's Suit Over $1.7M Stolen Funds
A Florida judge said Monday he would not dismiss a lawsuit by a Miami banker who is the son of Ecuador's former comptroller accusing his company's ex-CFO of embezzling $1.7 million to invest in a condominium unit, but the judge ordered the banker to provide a more specific breakdown of the allegedly misused funds.
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November 25, 2024
Home Automation Co. Strikes $1.5M Deal To End OT Suit
A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.
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November 22, 2024
Ex-NFL Player Scott Turner Picked For Trump's HUD Secretary
Donald Trump announced Friday that he nominated retired NFL player and former executive director of the White House Opportunity and Revitalization Council Scott Turner to serve as secretary of the U.S. Department of Housing and Urban Development.
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November 22, 2024
Service Fees Not 'Incidental' To Debt Collection, 11th Circ. Told
Ocwen Loan Servicing LLC urged the Eleventh Circuit on Friday to reverse two Florida lower court judgments finding it violated debt collection practices with a fee to process phone or internet payments, saying it's not an illegal "incidental" charge because the borrower is paying for an optional service.
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November 22, 2024
Insurer Says Property Co. On Hook For $250K Cyber Theft
An insurer for a Washington condominium association told a federal court that a property management services company must reimburse the carrier for nearly $250,000 its insured lost after cybercriminals allegedly hacked into the management company's computer system and made payment requests from the condo association's bank account.
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November 22, 2024
Flipping Report Suggests Gains Taxes, Mortgage Tax Breaks
House flipping in New York City pushes out long-term residents and drives up home prices, necessitating interventions such as steep gains taxes on home sales and a mortgage recording tax exemption for low-income buyers, the Pratt Center for Community Development reported Thursday.
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November 22, 2024
DC RealPage Antitrust Suit Will Get New Judge In 2025
The District of Columbia's case accusing a slew of landlords of using property management platform RealPage to fix the price of rentals is proceeding on schedule, but the judge who has been overseeing the case is going to be handing the matter off to another at the end of the year.
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November 22, 2024
AG Doesn't Rep NJ Housing Group's Interests, Court Told
A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin.
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November 22, 2024
Insurer Owes $4.5M For Water Damage, Wash. HOA Says
A Washington state homeowners association told a federal court that its insurer owes over $4.5 million in coverage to repair hidden water damage at its condominium community, arguing that no exclusions, conditions or limitations bar coverage under its policy.
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November 22, 2024
Debt Collector Awakened Illegal 'Zombie Loans,' Suit Says
Real Time Resolutions Inc., a debt collection company, is facing a new proposed class action from two North Carolina homeowners, who have accused it of assessing an illegal interest on their mortgage that was charged off more than a decade ago.
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November 22, 2024
Property Plays: Fannie Mae, Extell, Knott Development
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 22, 2024
Home Sales, Supply Rise From 2023 In NAR October Figures
Home sales and inventory each climbed in October in a sign that activity is picking up along with moderating interest rates, according to figures from the National Association of Realtors.
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November 22, 2024
Lender Can't Arbitrate Fired Worker's Suit Over Cancer Leave
A California appeals court upheld a trial court's order that a mortgage lender cannot arbitrate a worker's suit alleging she was wrongfully fired after a cancer diagnosis, ruling the former employee cast enough doubt about the signature on the deal to keep her case in court.
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November 21, 2024
DOD Needs To Do More To Fix Military Housing, OIG Says
The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.
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November 21, 2024
Tenant Class Attys Get $1.1M Fee In Race Bias Suit Deal
A federal judge awarded a nearly $1.1 million fee to class counsel for housing applicants who accused a tenant screening company of disproportionately excluding Black and Hispanic renters, saying the requested fee was reasonable for the $2.2 million settlement the attorneys struck.
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November 21, 2024
Insurers Sued Over Defense Costs In Fort Bragg Housing Row
An infrastructure company and related entities providing housing for military families told a North Carolina federal court that three of its primary commercial general liability insurers must cover their defense bill from a class action accusing them of providing "unfit and uninhabitable" housing at Fort Bragg.
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November 21, 2024
Concerns Remain Over Pricing In Final Calif. Insurance Rule
Insurers in California will be able to price policies using catastrophe models meant to predict future climate risks, but they must adhere to one of several options for increasing coverage availability, under a final rule that has left lingering concerns. Here, Law360 provides a background and overview of the regulation on catastrophe modeling and ratemaking.
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November 21, 2024
NYC Watchdog Calls Stadiums Bad Bet In Willets Point Report
New York City's Independent Budget Office said Thursday that stadiums have proved a poor use of tax dollars in the first tally of expenses since Mayor Eric Adams announced a project to bring a soccer stadium, hotel and affordable housing to the city's Willets Point district in Queens.
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November 21, 2024
Progress Hit With Fair Housing Suit, Class Action Sought
Progress Residential LLC has violated the Fair Housing Act of 1968 with a discriminatory application denial policy that disproportionally affects Black renters, according to a complaint filed Wednesday in Indiana federal court that seeks a class action.
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November 21, 2024
Justices Urged To Uphold Alaska Beachfront Boundary Ruling
Alaska and an Alaskan property owner told the U.S. Supreme Court to uphold an Alaska Supreme Court ruling that determined that the boundary between two beachfront properties owned by feuding neighbors is set by where a shoreline ended up in 1938.
Expert Analysis
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Election Outcome Could Reshape Financial Industry
The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.
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Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Proposed Mortgage Assistance Rule: Tips For Servicers
The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.