Residential

  • April 17, 2024

    Ore. City And Homeless Class Stake Spots Over Camping Ban

    The U.S. Supreme Court will hear arguments Monday in a case weighing whether an Oregon city's anti-camping laws violate the Eighth Amendment's ban on cruel and unusual punishment. Here, Law360 previews the stances carved out by the city and a certified class of homeless residents.

  • April 17, 2024

    BH Group, Kolter Partner On $102.6M Fla. Beachfront Site

    BH Group and Kolter Group said Wednesday they purchased one of the few remaining ultra-luxury beachfront development sites in Florida with a $102.6 million land buy in Naples.

  • April 17, 2024

    An Architect's Guide To Lunar Housing

    While some architects are challenging local zoning codes and designing innovative facades, the team at Bjarke Ingels Group is figuring out how to construct housing to withstand frequent meteorite attacks and one-sixth of the Earth's gravity.

  • April 16, 2024

    IRS Publishes 2024 Average Residence Purchase Price Data

    The Internal Revenue Service published data Tuesday on the average purchase price for U.S. residences in different areas, which is used to determine whether bond interest can be excluded from gross income.

  • April 16, 2024

    NY Budget Deal Revives 421a Credit In Housing Supply Push

    New York Gov. Kathy Hochul said state lawmakers have agreed to the terms of a state budget reviving an expired affordable housing tax credit, backing office-to-residential conversions and taking other steps to combat New York City's housing affordability crisis.

  • April 16, 2024

    Manufactured Housing Cos. Slam 'Nonsensical' Antitrust Suit

    A mobile homes data company and multiple manufactured housing companies once again have urged an Illinois federal court to toss rent price-fixing claims brought by a proposed class of mobile home renters.

  • April 16, 2024

    3 Takeaways From Urban Land Institute's Resilience Summit

    Real estate professionals across the country convened in New York City last week to talk about how to navigate an inconvenient truth in real estate — that extreme weather and climate change must be factored into investments. Here are three takeaways from the conference.

  • April 16, 2024

    Excess Carriers Say Property Co. Not Covered In Antitrust Suit

    Two excess insurers said they don't owe coverage to a property management company for underlying litigation alleging a price-fixing conspiracy involving software company RealPage Inc., telling a Massachusetts federal court that a professional services exclusion in the primary policy bars coverage.

  • April 15, 2024

    Union Pacific Beats Most Claims In Kansas Chemical Spill Suit

    A Kansas federal judge tossed most of a proposed class action's claims against Union Pacific Railroad Co., which is accused of contaminating Wichita properties by mishandling hazardous and toxic materials at an industrial railroad site located at 29th Street and Grove.

  • 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.

Expert Analysis

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

  • How Calif. Video Recording Ruling May Affect Insured Exams

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    A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.

  • Unpacking FinCEN's Proposed Real Estate Transaction Rule

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    Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.

  • Contractors Need Protection From NJ Homeowner Protections

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    A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • NY Shouldn't Pair 421-a Restoration And Good Cause Eviction

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    The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • DC's Housing Tax Break Proposal: What's In It, What's Missing

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    Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.