Residential

Expert Analysis

• How Developers Can Leverage The New Markets Tax Credit

  

  An increased regulatory focus on affordable housing raises important legal considerations for structuring transactions using the oft overlooked New Markets Tax Credit, which can fill a gap in affordable for-sale housing financing by lowering community developer costs but comes with unique compliance, structuring and documentation demands, say attorneys at Stinson.

• 5 Takeaways From Capital Proposals For Community Banks

  

  While much commentary has centered on how federal regulators' proposed capital overhaul would affect the biggest banks, there are several aspects that regional and community institutions should note too, including the potential benefits of the expanded risk-based approach and reduced capital requirements for mortgage origination, say attorneys at Covington.

• Mortgage EO Casts Wide Net In Push To Ease Lending Rules

  

  A recent executive order targeting mortgage credit access states an intent to promote competition among all types of lenders and is notable for its breadth, resetting regulatory expectations in a number of areas including origination, digitization and licensing, says Kara Ward at Baker Donelson.

• Fair Housing Takeaways From Colony Ridge Settlement

  

  The recent settlement agreement between Colony Ridge Developments, the U.S. government and the state of Texas — perhaps the first settlement involving unfair lending and housing practices during the second Trump administration — reflects current enforcement priorities and sheds light on shifting compliance risks, say attorneys at Weiner Brodsky.

• Senior Housing Demands A Distinct Dealmaking Playbook

  

  An aging population and evolving state regulations underscore a critical reality that senior housing assets can undergo operational or compliance shifts during dealmaking, highlighting the need for unique contractual safeguards like expanded disclosures, anchored notice obligations, and targeted closing conditions and remedies, say attorneys at Goodwin.

• Seeking A Policy Fix As Merger Reporting Fight Continues

  

  A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

• What New Fla. Citizens Bill Means For Surplus Lines Insurers

  

  A Florida bill recently passed by the Legislature as part of a continued effort to depopulate Citizens Property Insurance, the state's insurer of last resort, creates an additional pathway for commercial policies to be written by surplus lines insurers, but also presents concerns of unnecessary regulation, say attorneys at Troutman.

• Regulators' Basel Pitch May Bring Banks Capital Relief

  

  The prudential banking agencies' new proposals to implement the so-called Basel III endgame rules — which would modify the approach to risk-based capital, among other notable changes — represent a fundamental directional shift in bank capital requirements aimed at increasing lending capacity, says Chen Xu at Debevoise.

• Mich. Banking Brief: All The Notable Legal Updates In Q1

  

  Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

• Navigating The Perks Of Qualified Opportunity Zones 2.0

  

  The second iteration of the qualified opportunity zone program, effective Jan. 1, 2027, will introduce new tax incentives for rural real estate development, but these benefits can only be realized if proper governance is a priority, including clear documentation and securities law compliance, says Coni Rathbone at VF Law.

• AG Watch: New York's Heightened Enforcement In Real Estate

  

  Over the past several months, New York Attorney General Letitia James has brought a rapid succession of enforcement actions targeting rent stabilization abuse, unsafe housing conditions and fraudulent securities practices, signaling that the office views these problems as systemic issues warranting aggressive intervention, say attorneys at Quinn Emanuel.

• Acquiring Co-Insurer Coverage Aid In Fla. Builder Defect Suits

  

  With the recent influx of Florida construction defect lawsuits putting builder’s insurance carriers in the crosshairs, parties must actively seek new methods tailored to the state to compel as many subcontractors, carriers and co-insurers as possible to share the expense and risk of their defense, says Nick Richardson at Segal McCambridge.

• Managing New Fair Housing Risks Of AI Leasing Agents

  

  Trusting AI-driven chatbots to manage early communications with potential tenants can expose housing providers to Fair Housing Act violations on a vast scale, but prioritizing supervision of automated interactions, implementing strong vendor governance and tracking emerging testing trends can catch problems early, says Yana Rusovski at Spencer Fane.