Residential

  • August 16, 2022

    Insurers' Body Urges Quicker Pace On Building Remediation

    An insurance trade group has issued new calls for the government to push for speedier efforts to improve building safety, amid concerns that efforts to fix potentially harmful properties is sluggish.

  • August 15, 2022

    Law Firm Not Subject To Consumer Loan Law, Md. Court Says

    A Maryland appellate court has ruled in a split opinion that law firm Nagle & Zaller PC's debt collection on behalf of homeowners associations doesn't violate the state's Consumer Loan Law because the measure regulates traditional consumer lenders.

  • August 15, 2022

    Bankrupt Nursing Home Biz Gets OK For Deal On Backup Bid

    A Delaware bankruptcy judge has allowed nursing home chain American Eagle Delaware Holding Co. to strike a deal with the second-place bidder for two of its Florida facilities in order to close the sale and move toward the end of its Chapter 11 case.

  • August 15, 2022

    Study Finds Value In Insurer Discounts For Wildfire Defenses

    Insurance policies can be priced to encourage homeowners living in wildfire-prone areas to protect their properties, researchers at the University of Pennsylvania found in a paper released Monday by the National Bureau of Economic Research.

  • August 15, 2022

    Colo. Homeowners Group Sues Insurer Over Storm Coverage

    A Denver-area homeowners association is accusing General Star Indemnity Co. of refusing to properly cover losses from a hailstorm in 2018, according to a suit removed to Colorado federal court Saturday.

  • August 15, 2022

    Pittsburgh Calls Builders' 'Inclusionary Zoning' Suit Unripe

    The City of Pittsburgh urged a federal judge to throw out developers' challenge to an "inclusionary zoning ordinance" as unripe Monday, since no members of the Builders Association of Metropolitan Pittsburgh had sought to build any projects that would be subject to the new rules.

  • August 15, 2022

    Mich. Panel Affirms Residential Property's Taxable Value

    The Michigan Tax Tribunal correctly calculated and maintained the taxable value of a residential property despite having lowered the true cash value and equalization value, a state appeals court panel ruled.

  • August 15, 2022

    NJ Town Demands Developers Hand Over Property

    The town of Edgewater, New Jersey, wants a federal court to force a developer to turn over land to the town that the developer said it would release as part of an agreement the two inked over a year ago.

  • August 15, 2022

    South Fla. Officials To Take Up Permit For 32-Story Tower

    Officials in Fort Lauderdale, Florida, are set to consider a permit on Tuesday for a proposed 32-story tower that's part of a three-phase project to bring more than 500 new apartment units to the growing city.

  • August 15, 2022

    NJ Atty Says Policy Covers Cyberattack Malpractice Claims

    A New Jersey attorney has told a federal court that policy language and the amount at issue means insurance companies should go back to state court to face his lawsuit seeking coverage for a malpractice action alleging that a cyberattack bilked his former real estate client out of about $50,000.

  • August 12, 2022

    Insurers Say They Don't Owe Conn. Apartments More For Fire

    Two insurance companies hit back against claims that they delayed and denied full coverage for a Connecticut luxury apartment complex after a fire in 2020, saying the complex's request for coverage is limited by exclusions in the policies.

  • August 12, 2022

    NYC Public Housing Rent Payments On Decline, Report Finds

    A growing amount of unpaid public housing rent has been hammering the New York City Housing Authority's revenue since the onset of the pandemic, a trend that will likely continue through the next year, according to a report this week by the city's budget office.

  • August 12, 2022

    Judge Urges 'Open Mind' In Talks To End $4.5M Escrow Fight

    A New York federal judge on Friday told disbarred and incarcerated New York City real estate attorney Mitchell Kossoff to confer once more with a former client, urging the parties to agree on language to resolve a nearly $4.5 million civil suit from April 2021.

  • August 12, 2022

    US Courts Can't Weigh In On Seized Cuban Mine Dispute

    The Eleventh Circuit ruled on Friday that federal courts don't have jurisdiction to hear claims from the descendants of a Cuban mine owner who allege that a Canadian mining company's management of the mines amounts to trafficking in violation of the Helms-Burton Act.

  • August 12, 2022

    Phelps Dunbar RE Partner Trio Joins Spencer Fane In Tampa

    Spencer Fane LLP has added a trio of partners to its real estate practice group in Tampa, Florida, from Phelps Dunbar LLP.

  • August 12, 2022

    Couple Says Co. Can't Douse Spontaneous Combustion Case

    A Pennsylvania couple told a federal court that their experts can prove rags soaked in Sherwin-Williams deck stain suddenly caught fire at their home, asking a judge to reopen discovery and allow their product liability case against the paint and coating maker to continue.

  • August 12, 2022

    Judge Orders Scam Claimants In $1B Surfside Deal To Court

    The judge overseeing the consolidated litigation over the collapse of the Champlain Towers South condominium in Surfside, Florida, has ordered the filers of hundreds of presumptively fraudulent claims against the $1 billion global settlement to show up in person in his courtroom to testify under oath.

  • August 12, 2022

    'We Buy Ugly Houses' Co. Lodges Latest TM Suit

    Wilson Elser Moskowitz Edelman & Dicker LLP has filed a trademark suit on behalf of the franchisor behind the "we buy ugly houses" trademark against a Texas competitor, the latest front in the franchisor's decadelong trademark defense campaign.

  • August 12, 2022

    Nixon Peabody Works On $150M Ill. Property Redevelopment

    Nixon Peabody LLP advised an affiliate of Kensington Development Partners on the purchase and redevelopment of a 23-acre site in Illinois for $150 million that will serve as the future home to a new modern entertainment and residential district, according to a recent announcement.

  • August 12, 2022

    Nygård Can't Appeal Contempt Ruling Over Hacked Evidence

    The Judicial Committee of the Privy Council won't hear a challenge from a fashion executive facing U.S. criminal charges to a contempt finding over his use of allegedly hacked privileged communications in separate New York litigation over a sprawling Bahamas property dispute.

  • August 11, 2022

    Shell Can't End Suit Over Chemical Exposure From La. Plant

    A woman who says exposure to a former Shell chemical plant caused her breast cancer can proceed with her suit against the plant's owners, a Louisiana federal judge ruled Wednesday, finding that she couldn't have reasonably connected the chemicals to her illness until years after her diagnosis.

  • August 11, 2022

    'Confusion' Warrants NJ Tax Challenge Ruling, Court Told

    An advocacy organization took aim Thursday at what it claimed was uncertainty surrounding a New Jersey bill that closed certain avenues for taxpayers to appeal the assessments or exempt status of properties owned by others, and urged a state judge to find that similar challenges may still be brought to the courthouse.

  • August 11, 2022

    LA Council Puts Hotel Rooms For Homeless Bill On Ballot

    The Los Angeles City Council has voted overwhelmingly to put on a ballot a proposed ordinance requiring hotels to house homeless people in vacant rooms, leaving it to voters to decide whether to approve the measure that claims to protect affordable housing in the city.

  • August 11, 2022

    Ohio Appeals Court Strikes Judge's Lead-Free Eviction Rule

    An Ohio appeals court on Thursday found landlords don't need to show their properties are free of lead before evicting tenants in a decision overturning a rule created by a Cleveland housing court judge.

  • August 11, 2022

    Real Estate Biz Investor Sues Over Exec's $50M Bonus

    A Newmark Group Inc. stockholder has sued the commercial real estate company's chairman, Howard L. Lutnick, and three directors in Delaware's Court of Chancery, in a proposed derivative complaint that accused Lutnick of "blowing smoke" about his part in a $500 million stock value gain in order to secure a $50 million bonus.

Expert Analysis

  • Calif. Laws Are Failing Condo Owners

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    Certain components of California's law regulating condominiums contribute to the lack of funding for these developments' maintenance and repairs, and should be updated in order to protect residents, says Tyler Berding at Berding & Weil.

  • How New Va. Construction Payment Law Compares To Others

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    The Virginia Legislature's recent step toward limiting the use of certain common clauses in construction subcontracts adds to a patchwork landscape regarding pay-if-paid clauses, and all parties to a prime-sub contractor relationship should be aware of their enforceability state by state, say Dismas Locaria and Caleb McCallum at Venable.

  • Cos. Should Engage With EPA On PVC Hazard Designation

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    A pending petition to the U.S. Environmental Protection Agency to classify discarded polyvinyl chloride products as hazardous waste could have wide-ranging and unanticipated effects due to the ubiquity of PVC products — so potentially regulated industries should provide information to the EPA on the economic impact of such a move, say attorneys at Kilpatrick.

  • Stress-Testing A Real Estate JV Ahead Of New Challenges

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    In the face of potential economic headwinds, sponsors and capital partners should reexamine existing real estate joint venture agreements and pay particular attention to the concepts of capital contributions and control, say Daniel Guggenheim and Michael Soejoto at Mintz.

  • A Look At Emotional Support Animal Obligations Under FHA

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    With residents' reasonable accommodation requests for emotional support animals on the rise during the pandemic, housing providers should understand their obligations under the Fair Housing Act, and consider some best practices to properly evaluate and respond to such requests, say attorneys at Baker Donelson.

  • New P3 Authority Means Opportunities For Colo. Agencies

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    A recently passed Colorado law expanding public-private partnerships changes state-level project finance and infrastructure dramatically, allowing virtually all state agencies to avail themselves of P3 benefits including cost and schedule savings, sharing of risk, and access to innovation and private sector efficiency, say Gregory Johnson and Peter Gould at Squire Patton.

  • Assessing Risk Amid Rise Of Building Info Modeling Tech

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    As the architectural, engineering and construction industry increasingly utilizes building information modeling software, which shifts some risk to contractors, users should take steps to avoid legal risks, while enhancing projects' production and progression, says Ivan Sarkissian at McConaughy & Sarkissian.

  • NY Contractor Relief Bill Is Much-Needed, But Imperfect

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    Once signed by the governor, New York's S.B. 10109 will correctly provide relief to construction contractors negatively affected by drastic material price escalations, though it is held back by an arbitrary time restriction, say attorneys at Cohen Seglias.

  • 9th Circ. Ruling Offers Guidance On Automatic Stay Violations

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    The Ninth Circuit Bankruptcy Appellate Panel’s opinion in Censo v. Newrez clarifies the nebulous standard for automatic stay violations, and provides useful guidance for practitioners to consider in determining whether a creditor's defensive action taken in pending litigation counts as a violation, say Keith Owens and Zach Williams at Fox Rothschild.

  • Performance Bonds May Not Cover All Contract Obligations

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    Supply chain constraints and higher material prices in the construction industry are leading many project owners to require payment and performance bonds from contractors, but owners should keep in mind certain legal and practical considerations that may allow sureties to escape liability, says Daniel Miktus at Akerman.

  • Contract Diligence Is Key Amid EV Facility Construction Boom

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    As demand for new electric vehicle manufacturing facilities rises, manufacturers must recognize that such construction projects are uniquely complex undertakings with potentially mammoth financial risks, and draft contracts accordingly, says Chris Caputo at Baker Donelson.

  • NY Decision Does Not Mean The End Of RMBS Litigation

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    Though a New York state appeals court's recent decision in U.S. Bank National v. DLJ Mortgage seemingly calls into question many residential mortgage-backed securities claims, the implications of this case are not necessarily so dire for investors, says Donald Hawthorne at Curtis.

  • 2 Housing Cases Strengthen Calif.'s Density Bonus Law

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    In concert with the California Legislature's recent efforts to extend the reach of the Density Bonus Law, two Court of Appeal decisions reflect the state's deepening commitment to enforce housing law, and stand as the most significant and relevant published case law in nearly a decade, say Daniel Golub and William Sterling at Holland & Knight.