Residential
-
April 22, 2024
High Court Probes Homeless 'Status' In Camping Ban Suit
U.S. Supreme Court justices probed the limits of what might be considered criminalizing status amid oral arguments Monday over whether an Oregon city's law banning camping on public property violates the Eighth Amendment's bar on cruel and unusual punishment.
-
April 22, 2024
NYC Real Estate Week In Review
Davis Polk and Rosenberg & Estis are among the law firms that handled the largest New York City real estate deals that hit public records last week, a period that saw properties for a variety of asset classes — including an office building — trade hands.
-
April 19, 2024
Attys Wary Of 'Zero Tolerance' Approach In New PFAS Rule
With Friday's finalization of the U.S. Environmental Protection Agency's rule designating two "forever chemicals" as hazardous, the stakes just got higher for real property due diligence work.
-
April 19, 2024
Yardi Ordered To Provide Info On Apartment Pricing Algorithm
Real estate management software company Yardi Systems Inc. is going to have to turn over information about who has been using its rent maximizer algorithm to renters who claim that at least 11 property management companies have been using the service to fix rental costs, a federal judge has said.
-
April 19, 2024
Fla. Brokerage Firms Face Commission Antitrust Action
A group of Florida brokerages faces a proposed class action accusing them of taking part in a National Association of Realtors system that a Missouri jury in October found inflated the commissions home sellers pay to agents.
-
April 19, 2024
How Attys Are Helping DC Residents Keep Family Homes
As homeownership rates among Black residents have fallen in the nation's capital, a new initiative aims to provide legal counsel to people living in homes that were passed down through the generations but don't have clear titles.
-
April 19, 2024
Student Housing Co. Founder Claims She Was Pushed Out
A co-founder of a global company formed to provide booking for student housing sued her former colleague in Delaware's Court of Chancery on Friday, alleging a scheme by insiders to push her out of the business and then line up a sale to avoid a judgment after the move's reversal.
-
April 19, 2024
Fla. Can't Wage Real Estate War On Foreigners, 11th Circ. Told
A group of Chinese citizens and a brokerage firm urged the Eleventh Circuit on Friday to block Florida from enforcing a law prohibiting certain foreign nationals from owning land while they challenge the statute's constitutionality, saying it's discriminatory and preempted by federal authority.
-
April 19, 2024
CORRECTED: Fla. Jury Says AIG Mishandled Claim For Irma Damage
A Florida federal jury on Friday found that AIG mishandled part of the claims process for damage from Hurricane Irma to a $95 million oceanfront mansion near Miami but declined to award punitive damages against the insurer.
-
April 19, 2024
Polsinelli Adds Shareholder To Tax Credit Practice In Dallas
An attorney who spent more than a decade developing a niche practice specializing in tax credit financing has moved her practice to Polsinelli PC's Dallas office after five years at Munsch Hardt Kopf & Harr PC.
-
April 19, 2024
Colo. Panel Nixes Short-Term Rental Tax Boost Plan
A Colorado measure to reclassify properties used for short-term rentals so they would be taxed at a higher rate was rejected by a Senate panel.
-
April 19, 2024
Landlord Says Willkie Partner Can't Dodge Arbitration
A Willkie Farr & Gallagher LLP partner's former landlord asked a Connecticut state judge to force the attorney and his wife back to arbitration in their lease dispute, arguing that they cannot dodge their binding agreement just because the parties' first-choice mediator walked away.
-
April 18, 2024
DLA Piper Reps Fallon Co. On $147M Nashville Area Plan
Nashville, Tennessee, officials have signed off on an agreement with The Fallon Company to redevelop a 30-acre downtown-adjacent site into a neighborhood with 1,500 housing units, surrounding a planned stadium for the Tennessee Titans NFL team.
-
April 18, 2024
What 4 Real Estate Leaders Said At NYU's REIT Symposium
The public real estate investment trust sector will bounce back from its current troubles "at some point," said Jon Gray, Blackstone's president. He was not the only company executive who sounded hopeful about the industry's future at New York University's 28th annual REIT symposium.
-
April 18, 2024
SL Green Slashes Yet Another NYC Office Loan
SL Green Realty Corp. executives announced yet another deal extinguishing tens of millions of dollars of debt tied to a Manhattan office building, leaving analysts scratching their heads at an earnings call for the second quarter in a row.
-
April 18, 2024
Ga. Corp., Personal Income Tax Rates Dropping To 5.39%
Domestic and foreign companies doing business in Georgia will continue to pay the same tax rate as individuals, but both corporate and personal rates will fall, according to a tax package signed Thursday by Republican Gov. Brian Kemp.
-
April 18, 2024
Blackstone, Expecting CRE Rebound, Leans Into Deal-Making
Executives at Blackstone, the world's largest landlord and alternative asset manager, said they see signs that commercial real estate is beginning to bounce back, despite macroeconomic challenges and a shift in how people use offices.
-
April 18, 2024
Maui County Sued Over Wildfire Landfill Debris Storage
Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.
-
April 18, 2024
Judge Backs Keller Williams' Exit From 'Shotgun' Claim
A federal magistrate judge recommended releasing Keller Williams Realty from a proposed class action, calling the lawsuit a "shotgun pleading" claiming the broker sought to generate commissions with harassing phone calls to pressure homeowners into selling.
-
April 18, 2024
Mich. Treasury Dept. Clarifies Homestead Property Tax Credit
Michigan's Treasury Department clarified when a homestead property tax credit applies to property that is contiguous to a property owner's home.
-
April 17, 2024
Hawaii AG Releases Timeline Of Deadly Lahaina Wildfire
Hawaii's attorney general on Wednesday released findings from the first report of a three-part investigation into how state and county governments responded to the wildfires that ignited on the island of Maui last year, decimating the historic town of Lahaina and leaving more than 100 people dead.
-
April 17, 2024
Fannie Mae Gets Partial Early Win In $12M Loan Default Row
A Texas federal judge mostly sided with Fannie Mae in its suit over a defaulted $23.26 million multifamily loan, of which the government enterprise claims it's still owed $12.56 million.
-
April 17, 2024
States, Biz Groups Back Fight Over DOE Furnace Rules
Eighteen states and several business associations are backing gas utility groups' challenge to the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that the agency is unlawfully forcing a switch to new appliances.
-
April 17, 2024
Okla. Lawmakers OK Use Of Images For Property Inspections
Oklahoma would allow county assessors to inspect property remotely using aerial images taken from airplanes after an initial in-person inspection under a bill passed by the state House of Representatives and headed to the governor.
-
April 17, 2024
NJ Appeals Court Backs Exemption For Adult Support Home
A New Jersey Tax Court judge was correct in finding that a residential property owned by a charity and used to house a person with intellectual and developmental disabilities was entitled to a tax exemption, a state appeals court ruled Wednesday.
Expert Analysis
-
4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
-
DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
-
What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
-
Insureds Must Prep For Drought-Related Service Interruptions
Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.
-
How To Select The Right Arbitrator For A Construction Dispute
Excerpt from Practical Guidance
In construction disputes, selecting an arbitrator is a critical decision with many nuances to consider, as different types of potential panelists all come with their own experiences, views and possible biases, says Edward Gentilcore at Blank Rome.
-
Enviro Exemption For NYC Housing Looks Legally Dubious
New York City Mayor Eric Adams' recently announced plan to exempt smaller residential developments from state environmental review may be a laudable attempt to expand the housing supply, but a review of applicable statutes suggests that the mayor lacks the authority to create this exemption, says Richard Leland at Akerman.
-
What COVID Home Equity Repayment Plan Means For Lenders
Mortgage servicers need to note expanded borrower protections established by the Federal Housing Administration's recent COVID-19 home equity repayment plan, which balances the FHA's goal of protecting its insurance interests while helping borrowers hold onto their homes, say Jay Wright and Britney Crawford at Bradley.
-
CFPB's Reading Of Lending Act May Affect Home Equity Plans
If the Fourth Circuit adopts the Consumer Financial Protection Bureau's arguments in Lyons v. PNC Bank, it would remove one tool issuers of home equity line of credit loans currently have to ensure repayment of outstanding debt on their customers' legacy HELOC accounts, say Ralph Mazzeo and Edward Southgate at Dechert.
-
Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
-
High Court Bankruptcy Ruling Is Unintended Gift To The SEC
The U.S. Supreme Court's recent decision in Bartenwerfer v. Buckley on the Bankruptcy Code's fraud exception to dischargeability may have indirectly boosted the U.S. Securities and Exchange Commission's authority to collect monetary judgments arising out of its enforcement actions, say attorneys at King & Spalding.
-
When It Comes To CFPB Agenda, Expect The Unexpected
The Consumer Financial Protection Bureau's regulatory agenda identifies some key issues for financial institutions, but it is by no means a complete list, as the agency may continue to make extensive use of circulars, advisory opinions, amicus briefs and other means of setting out regulatory positions, says Michael Flynn at Buchalter.
-
Townstone Ruling Rocks The Boat On Equal Credit Law Reach
While an Illinois federal court's recent decision in Consumer Financial Protection Bureau v. Townstone has disturbed the use of the Equal Credit Opportunity Act to address discrimination in preapplication activities, lenders must still continue to monitor how they interact with prospective applicants to mitigate fair lending risk, say attorneys at Paul Hastings.
-
Don't Assume AI Is Smart Enough To Avoid Unintended Bias
As companies increasingly incorporate artificial intelligence decision models into their business practices, they should consider using statistical and qualitative analyses to evaluate and reduce inadvertent discrimination, or disparate impact, induced by AI, say Christine Polek and Shastri Sandy at The Brattle Group.