Residential

  • July 25, 2024

    IRS, Zaxby's Co-Founder To Settle $43M Easement Suit

    The Internal Revenue Service agreed to settle a $43 million valuation dispute over a conservation easement donated by the co-founder of the Zaxby's restaurant chain and his wife, prompting a Georgia federal court Thursday to cancel next month's anticipated jury trial.

  • July 25, 2024

    Ore. Court Won't Toss Law Capping Taxable Home Values

    A homeowner's attempt to lower the taxable value of his property was denied by the Oregon Tax Court, which said it did not have the authority to determine whether a law capping annual taxable value increases for some properties was unconstitutional.

  • July 24, 2024

    Top Texas Real Estate News In 2024 So Far

    Catch up on the hottest real estate news out of Texas so far this year, from data center construction and roadblocks in a major rail project to a Texas landowner's win in a takings suit and the U.S. Department of Justice's first predatory mortgage suit. 

  • July 24, 2024

    Section 8 Landlords Face Trial In False Claims Act Suit

    Tenants who receive Section 8 housing vouchers are staking out their arguments in a False Claims Act suit as landlords and property managers do the same ahead of the class action's trial next week in California federal court.

  • July 24, 2024

    Real Estate Buyer Says Developer Can't Arbitrate His Claims

    A Miami-based venture capitalist has told a New York federal judge that real estate firm Desarrolladora La Ribera can't simultaneously invoke and reject arbitration clauses in a defamation suit against him and another homebuyer in a luxury Four Seasons-branded development in Los Cabos, Mexico.

  • July 24, 2024

    Connecticut Justices Won't Certify 'Slum' Tenant Class

    A Connecticut state court judge was under no obligation to redefine a proposed class of low-income tenants in order to help them meet the certification requirements in a fraud and unfair trade practices lawsuit against their corporate landlord and property manager, the state Supreme Court hs ruled.

  • July 24, 2024

    NJ Atty Suspended For Using Client Funds From RICO Cases

    The New Jersey Supreme Court this week issued a three-year suspension against an attorney accused of misusing client funds from a racketeering case to buy a new computer system and pay his wife for paralegal services.

  • July 24, 2024

    Ex-McElroy Deutsch Exec Says Ch. 11 Doesn't Pause Claims

    A former McElroy Deutsch executive told a New Jersey state court that just because her husband — former McElroy Deutsch chief financial officer John Dunlea — has filed for bankruptcy does not mean she needs to pause her claims against the firm for discrimination and retaliation.

  • July 24, 2024

    3 Takeaways On CFIUS' Bid To Expand Real Estate Coverage

    Real estate practitioners should not overlook the Committee on Foreign Investment in the United States' plan to bring 59 more military sites under its jurisdiction for reviewing land deals, even if the proposal comes as no surprise, attorneys said.

  • July 23, 2024

    Real Estate Sector Wrestles With CrowdStrike Outage

    Days after a sprawling information technology outage affecting 8.5 million Windows devices grounded airplanes and halted a number of services, the toll on the real estate industry — especially for the hospitality sector and financial services firms — is still being revealed.

  • July 23, 2024

    Ill. City Says Reparations Opponents Have No Standing

    The city of Evanston, Illinois, has urged a federal judge to toss a proposed class action alleging a 2020 housing reparation program in the city is discriminatory, saying the plaintiffs lack standing since they are not local residents and do not own property in Evanston.

  • July 23, 2024

    KKR Financing REIT Sees The 'Proverbial Light' Ahead

    Executives of KKR & Co.'s financing-focused real estate investment trust struck a hopeful tone about pursuing credit deals in the near future after taking a more guarded approach in the last year, while the company posted fewer losses than it previously forecasted for the second quarter.

  • July 23, 2024

    Mich. Raises Fine For Unreported Property Transfers

    Michigan increased a penalty for property owners who fail to notify an assessor's office of a transfer of ownership under a bill signed Tuesday by Democratic Gov. Gretchen Whitmer.

  • July 23, 2024

    Tax Foreclosure Kickback Suit Too Late, Mich. County Says

    A Wayne County, Michigan, treasurer has argued in Michigan federal court that a putative class action accusing the county and other parties of engaging in a tax foreclosure and kickbacks scheme is time-barred.

  • July 23, 2024

    Biz Groups Form Lobby Effort To Fight FCC Bulk Billing Rules

    Bulk billing agreements are often a boon for people living in apartment buildings and condos, according to a new coalition made up of multifamily housing organizations and a cable trade group, which was formed to push the Federal Communications Commission to reconsider banning such arrangements.

  • July 23, 2024

    Insurers Must Defend Well Driller In Lead Contamination Suit

    Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.

  • July 23, 2024

    Miami-Dade County Nabs $40M For Public Housing Upgrades

    Miami-Dade County announced that it received a $39.9 million grant from the U.S. Department of Housing and Urban Development, which will support investment in two public housing campuses in Overtown and across the entire neighborhood.

  • July 22, 2024

    EPA Awards $4.3B In Grants For Climate Change Projects

    The U.S. Environmental Protection Agency said it's steering $4.3 billion in grant funding to 25 projects that promise to help curb greenhouse gas pollution, advance environmental justice and transition the country to clean power.

  • July 22, 2024

    Pretium Raises $1.5B For Investing In Single-Family Rentals

    Investment firm Pretium raised $1.5 billion for its sixth single-family housing fund, surpassing its fundraising goal with investments from U.S. pension plans, insurers, U.S. wealth managers and others, the firm announced Monday.

  • July 22, 2024

    New Precedent, New Fate For NAR 'Cooperation' Rule Suit

    A California federal judge reversed course Monday and revived a lawsuit, tossed in 2021, targeting National Association of Realtors rules that prevent real estate agents from listing properties outside their affiliated networks, after an intervening Ninth Circuit decision redirected the product market in question.

  • July 22, 2024

    Colo. Judge Blocks Zoning Ban On Church's Shelter Program

    A Colorado federal judge preliminarily blocked a town from enforcing zoning regulations to prevent a church from allowing homeless people to live in RVs on church property, finding the church could likely prove such enforcement unlawfully violates its religious freedom.

  • July 22, 2024

    Greystar Can Arbitrate Security Deposit Claims, Judge Says

    A California federal judge ruled that Greystar can arbitrate the claims of a named plaintiff in a putative class action that accuses the real estate company of wrongfully withholding its former tenants' security deposits.

  • July 22, 2024

    Nationwide Seeks Travelers' Aid In Hot Tub Illness Row

    Nationwide told a California federal court a Travelers unit must help defend a condominium association in an underlying lawsuit brought by a resident alleging he needed a double lung transplant because of hot tub contaminants, arguing Travelers' pollution exclusion and fungi or bacteria exclusion didn't apply.

  • July 22, 2024

    NAR Economists See Light Amidst Continuing Slow Sales

    Even as sales of existing homes reached a low not seen since 1995, the recent growth of new home inventory may be an early positive indicator if other conditions — including interest rates — improve, National Association of Realtors Chief Economist Lawrence Yun said Monday.

  • July 22, 2024

    Invitation Homes Reaches $20M Deal To End Permit Fee Suit

    Invitation Homes agreed to pay nearly $20 million to end claims that the single-family rental giant defrauded California cities by failing to pay permitting fees when the company carried out renovations on housing properties, according to federal court filings Monday.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • After Chevron: Impact On CFPB May Be Limited

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    The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.

  • 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

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    The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.

  • In The CFPB Playbook: Making Good On Bold Promises

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    The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.

  • FBI Raid Signals Growing Criminal Enforcement Of Algorithms

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    The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.

  • State Licensing Pitfalls Mortgage Servicers Must Beware

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    A recent enforcement action from the Washington Department of Financial Institutions demonstrates how subtle distinctions in state mortgage servicer licensing laws may come as a surprise to some companies, even if they never directly receive payments or interact with borrowers, says Clayton Swears at Hudson Cook.

  • Keys To Strong Parking, Storage Contracts For NYC Buildings

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    Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, say Matthew Eiben and Adam Lindenbaum at Rosenberg & Estis.

  • Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • What Fla. Ruling Means For Insurer Managed Repair Programs

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    A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

  • Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry

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    As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.