Residential

  • March 04, 2024

    Insurer Secures Win In $3.7M Pool Damage Row

    A construction company's insurer does not have to cover a $3.7 million judgment awarded to homeowners for the faulty construction of a pool, a Montana federal court ruled, finding that business risk and professional liability exclusions barred coverage under the company's general liability policy.

  • March 04, 2024

    5th Circ. Says Hurricane Coverage Battle Must Be Arbitrated

    A Louisiana property owner and its eight domestic insurers must arbitrate the owner's claims that they mishandled and delayed paying its Hurricane Laura property damage claim in bad faith, the Fifth Circuit ruled Monday, reversing a district court's decision that found an arbitration provision at issue unenforceable.

  • March 04, 2024

    Divisive Housing Law A 'Great Test' For New Mass. AG

    A high-stakes legal showdown over Massachusetts' requirement that communities served by public transit build affordable housing presents a significant test for state Attorney General Andrea Campbell that could come back to hurt her politically, experts told Law360.

  • March 04, 2024

    Md. House OKs Local Property Tax Credit Options

    Local governments in Maryland could award tax credits for certain properties that are used for housing homeless people or have undergone health and safety improvements under legislation passed by the state House of Delegates.

  • March 04, 2024

    Calif. Developer Five Point Picks Legal Officer As COO

    Irvine, California-based real estate company Five Point Holdings LLC said Mike Alvarado will take over as its chief operating officer while retaining his roles as chief legal officer, vice president and secretary.

  • March 01, 2024

    NYC Real Estate Week In Review

    Hart Law, Dentons and Miller Leiby are among the law firms that worked on the largest New York City deals that hit public records this week, a period that saw only seven transactions north of the $10 million mark with more than half being residential condo deals.

  • March 01, 2024

    Wealthy Calif. City Fighting Uphill In 'Builder's Remedy' Suit

    Attorneys for a pro-housing group and a real estate developer praised a Los Angeles judge's tentative ruling Friday that a wealthy suburb violated a state housing law by rejecting a development that would include low-income units, but urged him to find the decision was made in bad faith.

  • March 01, 2024

    FTC, DOJ Slam Use Of Software To Fix Rent Payments

    The Federal Trade Commission and the U.S. Department of Justice on Friday told a Washington federal judge that landlords can't collude on housing prices even if they're using new technology to do it, adding their input to a case accusing property owners of fixing rental costs with Yardi Systems Inc. software.

  • March 01, 2024

    Revisions Show Fla.'s Dedication To Affordable Housing Law

    With the approval of significant revisions to a landmark affordable housing law they passed in 2023, Florida state lawmakers have reinforced their commitment to incentivizing an increase in much-needed housing supply, real estate attorneys and developers said.

  • March 01, 2024

    Landlords Say Conn. City Thwarts Housing Citation Appeals

    New Haven, Connecticut, landlords have filed a proposed class action against the city, alleging that it failed to set up a procedure for property owners to appeal housing code and rental license citations, despite references to an appeals process in New Haven laws.

  • March 01, 2024

    Judge Pauses Sale Of Miami Official's Home In $63.5M Case

    A Florida magistrate judge on Friday paused the sale of a Miami city commissioner's house and ordered briefing on whether his homestead exemption claim — which would shield the property from being used to satisfy a $63.5 million judgment — is legitimate.

  • March 01, 2024

    Colo. Real Estate Brokerage Settles Data Breach Class Claims

    A proposed class settled a data breach lawsuit against a Denver-based real estate brokerage and property management company in Colorado federal court.

  • March 01, 2024

    Conn. AG Tells Lawmakers To Ban MV Realty's 'Scam Deals'

    Connecticut's attorney general urged state lawmakers to protect vulnerable homeowners by passing legislation banning a business model used by MV Realty to rack up thousands in junk fees on people who sign their 40-year exclusive listing agreements.

  • March 01, 2024

    3 Firms Seek $80M In Fees From Real Estate Brokerage Deal

    Class counsel for homeowners who say they paid artificially inflated broker commissions when they sold their homes are asking for about $80 million in attorney fees and $12 million in expenses after they settled with major real estate brokerages.

  • March 01, 2024

    Easement Cases To Put IRS-Hired Appraisers Under Scrutiny

    Some partnerships challenging the denial of tax deductions for conservation easement donations are mounting a new attack on the IRS' push to enforce the transactions with claims that the agency's multimillion-dollar contracts with third-party appraisal firms compel them to be biased toward the government. 

  • March 01, 2024

    NYC Real Estate Cos. Must Face Voucher Bias Suit

    A New York state judge refused to let a brokerage and a property manager escape a nonprofit's May 2022 suit accusing more than two dozen real estate companies of discriminating against people who use federal Housing Choice vouchers.

  • March 01, 2024

    Real Estate Lawyers On The Move

    Dorsey & Whitney, Akerman and Cox Castle are among the firms that have made recent construction or real estate hires.

  • February 29, 2024

    Real Estate Tech Co. Opendoor Beats Investor Suit, For Now

    Real estate marketplace giant Opendoor Technologies Inc. has beaten, for now, a suit accusing it of misleading investors about its artificial-intelligence-powered algorithm and ability to remain profitable, with an Arizona federal judge ruling that many of the challenged statements in the suit are not actually false or misleading.

  • February 29, 2024

    Fed. Circ. Won't Revive Flood Suit Over Cherokee Casino

    A Federal Circuit Court of Appeals panel on Thursday denied an Oklahoma landowner's bid to overturn a lower court's ruling that the federal government isn't liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino, saying that the claim requires proof that the matter is a "direct, natural or probable result" of its actions.

  • February 29, 2024

    HUD Moves To Boost Manufactured Housing, Repair Stock

    The U.S. Department of Housing and Urban Development announced Thursday that it will make $225 million available for manufactured housing renovation work and expand a manufactured home loan program, among other measures meant to bolster affordable housing stock.

  • February 29, 2024

    Ky. Landlords Can Reject Section 8 Vouchers, New Bill Says

    Kentucky lawmakers have passed a bill that would allow landlords to refuse to rent to Section 8 voucher holders should it be signed into law by the state's Gov. Andy Beshear.

  • February 29, 2024

    Fla. Lawmakers Weigh Demolition Bills For 'Unsafe' Structures

    The Florida House of Representatives is set to consider two bills aiming to make it easier for the state to demolish "nonconforming and unsafe structures" while prohibiting local governments from opposing such demolitions unless there are safety concerns.

  • March 01, 2024

    Inside BigLaw's 'Tremendous' Hunger For Restructuring Attys

    Even as the economy appears poised to pick up steam in 2024, BigLaw firms are still aggressively adding restructuring capabilities, with a number of recent lateral hires reflecting the glut of work still to be found in the practice area.

  • February 28, 2024

    Brothers' 20-Year Calif. Real Estate Battle Ends In $7B Verdict

    A Los Angeles jury has awarded four brothers an estimated $7 billion verdict, finding that a fifth brother breached their contracts and his fiduciary duty to them by wrongly pushing them out of various business partnerships that included thousands of units of apartment buildings and a diamond venture. 

  • February 28, 2024

    Ariz. AG Says RealPage, Landlords Use Algo To Fix Rent Prices

    Arizona's attorney general on Wednesday filed an antitrust suit in state court against RealPage and several landlords over an alleged conspiracy to illegally raise rents for hundreds of thousands of renters by using the software company's algorithms to quell competition.

Expert Analysis

  • 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.

  • What Shareholder Approval Rule Changes Mean For Cos.

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    The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.

  • High Court Case Could Reshape Local Development Fees

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    If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.

  • White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

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    Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.

  • How 2 CFPB Advisory Opinions Affect Reporting Agencies

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    The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.

  • Algorithmic Pricing Programs Caught In Antitrust Crosshairs

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    The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.

  • A Welcome Turning Of The Page For Residential Real Estate

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    After one of the most challenging years on record for residential real estate, 2024 will likely be a time of transition to a stabler business climate, as sellers lose some of their excess bargaining power and the pace of sales picks up, says Marty Green at Polunsky Beitel.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.