Residential

  • April 15, 2024

    NYC Offers 'Wholesale' Zoning Update To Boost Affordability

    New York City Mayor Eric Adams and city planning officials are relying on a constellation of zoning changes that loosen parking requirements, permit more density and aid building conversions as part of a plan that could pressure state lawmakers to act on housing costs.

  • April 15, 2024

    Brookfield Cos. Want Va. Homebuyers' Class Action Tossed

    Entities connected to Brookfield Asset Management Inc. urged a Virginia federal court to toss homebuyers' proposed class claims that the entities invalidated their home warranties by building and selling homes without having proper licenses.

  • April 15, 2024

    9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid

    The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.

  • April 15, 2024

    Ind. Tax Board Hikes Home Value Based On Purchase Price

    The Indiana Board of Tax Review increased the valuation of a couple's home based on its purchase price after finding that a sales comparison analysis by the property owners was insufficient to justify a lower value.

  • April 15, 2024

    Addiction Recovery Home Says City Seeks Wrongful Eviction

    An addiction recovery home is suing the city of Lincoln, Nebraska, and the Lincoln-Lancaster County Planning Commission in federal court, saying they are wrongly using zoning rules in a bid to evict residents from one of its homes in violation of the Fair Housing Act and Americans with Disabilities Act.

  • April 15, 2024

    NYC Real Estate Week In Review

    Venable and Holland & Knight are among the law firms that guided the largest real estate deals that hit New York City public records last week, a period that saw four matters north of $20 million become public.

  • April 15, 2024

    Clark Hill Adds Fla. Real Estate Atty With 17 Years' Experience

    Clark Hill PLC has hired a longtime real estate attorney with almost two decades of experience who spent the past nine years working on transactional and other related real estate matters as a solo practitioner, the firm announced Monday.

  • April 15, 2024

    Justices Won't Hear Brokerage's Arbitration Claim In Fees Suit

    The U.S. Supreme Court declined on Monday to hear HomeServices of America's argument that certain class members in a lawsuit over real estate agents' commissions should have been compelled to arbitrate their antitrust claims rather than taking them to a jury.

  • April 15, 2024

    High Court Passes On Tenants' Debt Collection Dispute

    The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.

  • April 12, 2024

    NJ Gives Counties Power To Up Tax After Paying Off Debt

    New Jersey will allow counties greater authority to impose property taxes after retiring debts under a bill signed into law by Democratic Gov. Phil Murphy.

  • April 12, 2024

    Feds Say Ga. Apartments Denied Wheelchair Accommodation

    Federal prosecutors on Thursday hit a Savannah, Georgia, apartment complex, a local housing authority and other defendants with a Fair Housing Act complaint alleging they denied a disabled resident an accessible apartment in spite of her repeated requests that they accommodate her disability.

  • April 12, 2024

    Ohio Landlords Win Partial Class Cert. For Outsider Fees Suit

    An Ohio federal judge partially certified a class of Cleveland Heights property owners who are challenging the constitutionality of a $100 fee applied to those who lease their properties but don't live in Cuyahoga County.

  • April 12, 2024

    Mich. High Court Snapshot: Atty Sanctions Kick Off April

    The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.

  • April 12, 2024

    KB Home's 'Emeritus' Director Bylaw Invalid, Chancery Rules

    A KB Home bylaw that allowed the homebuilder's board to unilaterally shift an acting director into a non-functioning "emeritus" role without conducting a stockholder vote is invalid under Delaware law, a Delaware Chancery Court judge said Friday, siding with a shareholder who challenged the rule.

  • April 12, 2024

    SEC Says Developer Pulled EB-5 Funds From Nursing Homes

    The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.

  • April 12, 2024

    Vermont Attys Can't Be Sued In Connecticut, Court Says

    Two Vermont firms that handled the sale of a Connecticut man's second home near a Vermont ski town cannot be sued in Connecticut because the lawyers' business models and the disputed cash transfers that spurred the litigation were not sufficiently directed toward Connecticut, a three-judge appellate panel ruled on Friday.

  • April 12, 2024

    Justices Back Property Owner In Dispute Over Permit Fees

    The U.S. Supreme Court ruled Friday that a $23,420 local traffic impact fee charged to a California property owner's rural manufactured home isn't exempt from scrutiny as a Fifth Amendment taking simply because the charge is allowed by legislation.

  • April 11, 2024

    Colo. Developer Sues Over Remodeling Impact Fees

    A Colorado developer has accused Pitkin County's Board of Commissioners in Colorado federal court of wrongfully charging impact fees on the remodel of a residential property.

  • April 11, 2024

    Okla. City Officials Clear Hurdle For Planned 1,900-Foot Tower

    Oklahoma City Planning Commission members recommended approval for zoning Thursday to allow unlimited height on a site where a developer announced plans to build the tallest tower in the U.S., but not without cracking jokes about what would happen if a tornado landed nearby.

  • April 11, 2024

    NY Appeals Court Nixes Chelsea Hotel Tenant's Rent Suit

    A New York appeals court unanimously backed a lower court's ruling that denied a Chelsea Hotel tenant's bid for rent stabilization for his studio apartment.

  • April 11, 2024

    Maine Eliminates Municipal Property Tax Levy Limits

    Maine will no longer set limits on the amount that local municipalities can increase property taxes by each year as part of a law signed by the state's governor.

  • April 11, 2024

    11th Circ. Says Insurer Owes Defense In Home Damage Suit

    A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.

  • April 11, 2024

    Proskauer Adds Kirkland Partner For Tax, Estate Issues

    Proskauer Rose LLP has added to its private client services department a partner from Kirkland & Ellis LLP who specializes in developing domestic and international tax and estate plans for clients with very high net worth, the firm announced.

  • April 11, 2024

    Houston Atty Beats Real Estate Deal Malpractice Suit

    In a split decision Thursday, a Houston attorney accused of malpractice was handed a win by the majority of a three-justice Lone Star State appellate panel that cleared her of negligence in connection with a 2014 contract inked between the owner of a property management company and a pair of apartment complex investors, finding that she obtained no "improper benefit" from representing both sides.

  • April 11, 2024

    Treasury Proposes Steeper Foreign Investment Law Penalties

    The U.S. Department of the Treasury issued a notice Thursday proposing to sharpen its procedures and enforcement practices for reviewing foreign investment deals for national security issues, according to an announcement.

Expert Analysis

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Why All Eyes Are On Florida's Affordable Housing Reform

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    Florida's Live Local Act, which took effect last month, promotes much-needed affordable housing developments with a mix of zoning preemption provisions and tax benefits that may attract interest from developers across the nation, say attorneys at Nelson Mullins.

  • What Came Of Texas Legislature's Long-Promised Tax Relief

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    Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.

  • Looking Behind The Curtain Of Residential Transition Loans

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    As residential transition loans and securitizations of such loans grow increasingly popular, real estate stakeholders should take care to understand both the unique features and potential challenges offered by this novel asset class, say attorneys at Mayer Brown.

  • Hedging Variable Interest Rates In A Volatile Market

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    Variable rate loans, which were an advantageous borrowing method prior to the recent Federal Reserve rate hikes and subsequent volatility, are now the difference between borrowers remaining current on their obligations and defaulting due to the sharply increasing debt service requirements of their loans, say attorneys at Cassin & Cassin.

  • Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • CRA Plays Role In DOJ Fight Against Redlining

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    The U.S. Department of Justice’s recent consent order with ESSA Bank & Trust is a reminder that although the Community Reinvestment Act lacks a civil enforcement provision, financial institutions' CRA compliance efforts may have ramifications under various anti-discrimination statutes, say Collin Grier and Levi Swank at Goodwin.

  • Colo. Eviction Case Could Transform Tenant Rights

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    The Colorado Supreme Court recently granted certiorari in a case that could open the door for tenants to assert allegations of discrimination and retaliation during eviction proceedings, and dramatically prolong the state's process, says Jacob Hollars at Spencer Fane.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Harsh 11th Circ. Rebuke Should Inspire Changes At CFPB

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    The Eleventh Circuit's recent Consumer Financial Protection Bureau v. Brown decision, which found the CFPB's conduct had been egregious in a debt collection enforcement action, should encourage some reflection at the bureau regarding its level of attention to the reasonable due process concerns of regulated institutions, says Eric Mogilnicki at Covington.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • 3 Alternatives To CRE Collateralized Loan Obligations

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    With current commercial real estate market conditions pushing issuers away from collateralized loan obligations, several Freddie Mac offerings should be considered as alternative exit strategies for mortgage loans secured by multifamily properties, say attorneys at Mayer Brown.