Residential

  • May 09, 2024

    Industry Orgs Urge DC Circ. To Ax HUD Disparate Impact Rule

    Several industry associations are backing a D.C. Circuit challenge to a U.S. Department of Housing and Urban Development rule governing disparate impact claims under the Fair Housing Act, contending the federal agency exceeded its powers and ignored Supreme Court precedent in issuing the regulation.

  • May 09, 2024

    Making Borrower Contact Ex Was Reasonable, Court Told

    A Connecticut woman's lawsuit accusing her mortgage servicer of forcing her to get in touch with an abusive ex-partner must be dismissed because it doesn't properly state a claim for violation of the Equal Credit Opportunity Act, the company told a federal court Thursday.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    NY Appeals Court Says Parking Garage Is Rent-Stabilized

    A New York state appeals court on May 9 upheld a housing agency's decision finding that a parking garage in a building in the Bronx borough of New York City is rent-stabilized.

  • May 09, 2024

    NY Tribunal Affirms Couple Can't Claim Real Estate Deduction

    A New York couple was correctly denied a real estate deduction on their personal income tax returns because the husband didn't qualify as a real estate professional, the state Tax Appeals Tribunal affirmed in a decision released Thursday.

  • May 09, 2024

    Mass. Tax Board Axes Home's Value Based On Similar Sales

    A Massachusetts home was overvalued, the state Appellate Tax Board ruled, finding evidence of comparable sales presented by the homeowner to be persuasive.

  • May 09, 2024

    Colo. Lawmakers Approve Extended Property Tax Cuts

    Colorado would extend its current temporary property tax rate reductions into 2024 and would lower tax rates for future years under legislation passed by Colorado lawmakers that could save property owners about $1 billion in its first year.

  • May 09, 2024

    Va. Builder's Sand Purchases Found Subject To Sales Tax

    A Virginia homebuilder that purchased dirt and sand must pay sales tax on those purchases because both are tangible personal property, the state's tax commissioner ruled.

  • May 08, 2024

    Fla. Condo Terminations Could Spread, But Won't Be Easy

    A reckoning is approaching for aging condominium buildings across Florida, with state structural inspections and reserve studies mandated after the deadly 2021 Surfside building collapse due at year's end. But although this could present much needed redevelopment opportunities, the path looks as difficult to navigate as ever, experts said at a real estate conference this week in Miami.

  • May 08, 2024

    Execs Weigh In On Housing Trends At DLA Piper Panel

    Why is it so hard to build housing? Blame high interest rates, spiking insurance rates and maybe even some sort of elderberry beetle — according to a group of housing development executives gathered in Chicago this week for DLA Piper's annual real estate conference.

  • May 08, 2024

    Upstate NY Cities Aim To Join Rent-Regulated Ranks

    After a 2019 tweak to state law allowed localities beyond New York City and its surrounding counties to opt into rent stabilization for the first time since the original legislation was passed in 1974, a smattering of upstate cities have attempted to do just that, to varying degrees of success.

  • May 08, 2024

    Brokers Lean On Other Business With Transactions Flat In Q1

    Commercial real estate's big four brokers are still waiting for inflation to cool down so capital markets can rebound, despite signs in the first quarter that a recovery was underway.

  • May 08, 2024

    Norfolk Southern Class Counsel Talks Settlement, Legacy

    With residents of East Palestine, Ohio, on the verge of a $600 million payout for the 2023 Norfolk Southern train derailment, plaintiffs' co-lead counsel Jayne Conroy shared some thoughts about the role property values played in the proposed settlement and what ripple effect their arguments might have in similar cases.

  • May 08, 2024

    Coldwell Banker's Lockboxes Draw BIPA Suit

    Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.

  • May 08, 2024

    NAR Magazine Subscribers Drop Data-Selling Claims

    A proposed class has mediated and permanently dismissed claims in Michigan federal court accusing the National Association of Realtors of illegally selling, exchanging and renting the personal data of subscribers to the NAR's Realtor magazine.

  • May 08, 2024

    Homebuyers Can't Stop NAR's $418M Settlement Hearing

    An Illinois federal judge said Wednesday she won't derail a final settlement hearing for the National Association of Realtors' $418 million deal with home sellers, despite a class of homebuyers' claims that the deal interferes with their separate case, saying they will have a chance to voice concerns at the hearing.  

  • May 08, 2024

    Nixon Peabody Closes Green Retrofit Deal For Mass. Housing

    Nixon Peabody LLP has wrapped up a deal that will allow older adults in Quincy, Massachusetts, to use U.S. Department of Housing and Development funds and a federally insured loan to build a new HVAC system that's energy efficient and to make their housing more accessible, the firm announced Wednesday.

  • May 08, 2024

    Colo. Lawmakers OK Historic Structure Tax Credit Extension

    Colorado's tax credit for rehabilitation of historic structures would be extended and apply to structures as young as 30 years old under legislation approved by the Senate and headed to the governor.

  • May 07, 2024

    LA Sued For Landmarking House Marilyn Monroe Died In

    Owners of a Los Angeles home where Marilyn Monroe died sued the city in California state court saying it orchestrating an illegal, rigged process to designate it as a historical landmark, arguing Monday nothing in the home shows the actress spent a single day in it.

  • May 07, 2024

    Real Estate Co. Says Privilege, Immunity Don't Protect Trustee

    A real estate company says a Chapter 7 trustee overseeing a Connecticut woman's personal bankruptcy cannot invoke the doctrine of qualified immunity or assert a litigation privilege to avoid being countersued for trying to stop a home sale the trustee considered fraudulent.

  • May 07, 2024

    Property Co. Gets $365M In Loans Modified For Biz Growth

    Property owner and manager The GSH Group wrapped up the modification of $365 million in multifamily senior loans for its properties with lender Arbor Realty, it announced Tuesday.

  • May 07, 2024

    Real Estate Co. Settles Homeowner's Telemarketing Suit

    A potential class settled its Telephone Consumer Protection Act suit against a New York real estate company that buys and sells homes, according to a New York federal judge's order.

  • May 07, 2024

    New Missouri Law Forces Landfills Further From Cities

    A new Missouri law will increase the radius for approvals needed from nearby municipalities for several types of landfills to one mile from half a mile, in what the governor called a "win for property rights."

  • May 07, 2024

    HUD Unveils $5.5B In Housing Grants, New Voucher Reforms

    The U.S. Department of Housing and Urban Development announced Tuesday that it will send over 2,400 housing grants worth $5.5 billion to 1,200 American communities, with the agency also detailing reforms to its housing voucher programs.

  • May 07, 2024

    Contract's 1-Year Limit Doesn't Block NC Mold Claims

    A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

Expert Analysis

  • Thomas Report Is Final Straw — High Court Needs Ethics Code

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    As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

  • La. Suit Could Set New Enviro Justice Litigation Paradigm

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    Inclusive Louisiana v. St. James Parish, a lawsuit filed recently in Louisiana federal court that makes wide-ranging and novel constitutional and statutory claims of environmental racism based on centuries of local history, could become a new template for environmental justice litigation against governments and businesses, say attorneys at King & Spalding.

  • Lawyer Discernment Is Critical In The World Of AI

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    In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

  • Don't Forget Alumni Engagement When Merging Law Firms

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    Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

  • Every Lawyer Can Act To Prevent Peer Suicide

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    Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

  • Issues For Housing Credit Investors Following Bank Failures

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    Amid the uncertainty caused by the bank failures last month, low-income housing tax credit investors may want to revisit underwriting criteria for their equity guarantors and certain provisions under their partnership agreements, say Brad Butler and Maci Followell at Frost Brown.

  • 10th Circ. Ruling Could Gut Homeowners' Ch. 13 Safety Net

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    The Tenth Circuit’s recent ruling in Doll v. Goodman could spell the end of Chapter 13 protection for consumers in a number of states, and if the decision is replicated in other circuits, homeowners across the country could lose their homes for lack of a viable bankruptcy administration, says former U.S. Bankruptcy Judge Catherine Bauer, now at Signature Resolution.

  • FTC Proposal Greatly Widens Auto-Renewal Regulation

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    The Federal Trade Commission's proposed rule on automatic renewal subscriptions would impose significant new obligations on sellers of negative option plans and expand the agency's enforcement powers, likely requiring companies to examine and change their practices, say attorneys at Squire Patton.

  • Do Videoconferences Establish Jurisdiction With Defendants?

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    What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

  • Humanism Should Replace Formalism In The Courts

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    The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

  • 20 Years On, Campbell Holds Lessons On Reining In Ratios

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    Twenty years ago, the U.S. Supreme Court's decision in State Farm v. Campbell provided critical guidance on the constitutionally permissible ratio of punitive to compensatory damages — and both Campbell and subsequent federal circuit court decisions informed by it offer important pointers for defendants, say attorneys at Dechert.

  • Don't Let Client Demands Erode Law Firm Autonomy

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    As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.

  • IRS' Cost Method Update Is Favorable For RE Developers

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    The Internal Revenue Service's recent update to its alternative cost method will allow real estate developers to accelerate their cost recovery of improvements in certain circumstances and make it easier for practitioners to satisfy the method's tax compliance requirements, says Benjamin Oklan at Weil.