Residential

  • July 02, 2024

    Real Estate Policy Areas To Watch In Chevron's Wake

    Housing rules, permitting practices and climate goals stand to be challenged by an anticipated wave of litigation spurred by back-to-back U.S. Supreme Court opinions that alter how and when judges can interpret ambiguous legislation.

  • July 02, 2024

    Real Estate Attys Pore Over Housing Dollars In NYC Budget

    The New York City Council approved a $112.4 billion budget on June 30, just one day before the deadline, and while the full budget breakdown has not yet been made public, counsel for real estate developers say the funds could help alleviate the housing development backlog, if used well.

  • July 02, 2024

    Mass. Mobile Parks Residents Say Co. Overcharged Rents

    A manufactured housing company took advantage of its Massachusetts mobile home park tenants "for illicit financial gain" by charging them illegally excessive rents, not providing renewing residents with required five-year lease proposals and lying about lease offers, a putative class claimed Tuesday in Massachusetts state court.

  • July 02, 2024

    Distress Darkens Conversion Plans At Brookfield Malls

    Financial challenges have shaken some of Brookfield's plans to redevelop a batch of malls it acquired six years ago into mixed-use centers, and two of the real estate company's indoor shopping complexes slumped into loan distress last month, KBRA said on Tuesday.

  • July 02, 2024

    Colo. City Housing Authority Says Board Can't Be Fired At Will

    A Colorado city's ordinance violates state law because it gives the mayor the power to replace the commissioners of the city's housing authority without just cause, the housing authority has claimed in Colorado state court.

  • July 02, 2024

    Gov. Says Ky. Tower's Sale Didn't Cancel Ties To Laundering

    Prosecutors and a pair of Miami businessmen have traded briefs over preserving the government's case in Florida federal court to seize $9.1 million from the sale of a Louisville, Kentucky, tower over alleged ties to a Ukrainian money laundering operation.

  • July 02, 2024

    Kelley Kronenberg Launches Florida Homebuying Practice

    Kelley Kronenberg announced Friday the launch of a resident real estate practice focused on providing financial services on behalf of prospective home buyers in Florida.

  • July 02, 2024

    PE Firm Buys Texas Apartment Portfolio In 'Pricing Correction'

    Real estate private equity firm Hamilton Point Investments said Tuesday it has acquired a portfolio of Houston apartment properties with a combined 1,174 units for $195 million as Texas undergoes a "significant multifamily pricing correction."

  • July 02, 2024

    The Residential Real Estate Q&A's You Can't Miss

    Check out Law360 Real Estate Authority's hottest residential real estate Q&A's from the first half of 2024.

  • July 01, 2024

    W.Va. Homeowner's Depreciation Suit Survives Dismissal

    A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.

  • July 01, 2024

    Ill. Tax Applies To Re-Renters Of Hotel Rooms, Dept. Says

    Illinois will impose an occupation tax on people who re-rent hotel rooms in the state as part of recently enacted omnibus legislation, the state Department of Revenue said.

  • July 01, 2024

    Morgan Properties Nabs 11 Apartment Properties In Pa.

    Multifamily owner Morgan Properties announced Monday that it has bought 11 apartment developments across Pennsylvania from DePaul Management Co., adding that it has plans to renovate and upgrade the newly acquired properties.

  • July 01, 2024

    Calif. Ballot Measure Seeks Nix Of Tax Hike Threshold Change

    California would scrap part of a ballot initiative that would have reduced the threshold needed for local governments to pass special taxes for public infrastructure and affordable housing projects under another ballot measure passed by legislators.

  • July 01, 2024

    Tenants Say Omaha Housing Authority Flouted Appeal Rights

    A proposed class of Omaha Housing Authority tenants have filed suit against the public housing entity, telling a Nebraska federal court the agency overcharged extremely low-income tenants and thwarted their right to appeal rent increases.

  • July 01, 2024

    Petersen Health Gets OK For $118M Initial Bid On Facilities

    A Delaware bankruptcy judge on Monday gave bankrupt senior living chain Petersen Health Care permission to accept a $118 million bid as the floor for an auction of its 82 facilities to be held on Tuesday.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Home Point Investor Attys Get $1.5M Fee As Judge OKs Deal

    A Michigan federal judge on Friday granted final approval to a $5 million deal resolving investor allegations that mortgage lender Home Point exaggerated its ability to keep costs low ahead of its initial public offering, giving class counsel a $1.5 million cut of the deal.

  • June 28, 2024

    Property Plays: Goldman, WaFD, The Alamo

    Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.

  • June 28, 2024

    Homeless Advocates Balk As High Court OKs Anti-Camping Ban

    The U.S. Supreme Court ruled Friday that an Oregon city's anti-camping ban doesn't amount to cruel and unusual punishment amid a challenge brought by a class of homeless residents, a move that residents' counsel says paves the way for municipalities to criminalize homelessness.

  • June 28, 2024

    NC Justices Revive Black Property Owners' Bias Suit

    The North Carolina Supreme Court vacated a lower court's dismissal of discrimination claims brought by Black property owners against the city of Kinston alleging that the city targeted Black-owned buildings for condemnation while preserving white-owned buildings as historical, ruling Friday that the lower court applied the wrong legal standard.

  • June 28, 2024

    Judge Rejects Collusion Claim In Contested Foreclosure Deal

    A Michigan federal judge approved on Thursday a class settlement between 43 Michigan counties and people who lost their homes in tax foreclosure, putting to bed accusations of collusion between the settling lawyers.

  • June 28, 2024

    Condo Seeks Bar On Enforcement Of Corp. Transparency Act

    A Boston condominium association has asked a federal judge to shield it and other Massachusetts condo boards from enforcement of an anti-money laundering measure, saying the requirement to submit personal information to a government database creates an undue and unnecessary burden on volunteer organizations.

  • June 28, 2024

    Colombia Fends Off Real Estate Project Seizure Claim

    Colombia has claimed an "unprecedented" victory in an arbitration initiated by a group of U.S. investors seeking hundreds of millions of dollars after their real estate development project was seized over allegations that the project had connections with illegal activity.

  • June 28, 2024

    NYC Realty Co. Defeats Most Of Building Super's Wage Claims

    A New York realty group secured early wins on all but one of a building superintendent's wage claims, with a New York federal judge ruling Friday the worker had provided scant evidence in support, but the group must face claims related to wage deficits caused by a time clock malfunction.

Expert Analysis

  • 11th Circ. Ruling May Foreshadow Ch. 15 Clashes

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    The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.

  • Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Look At New IRS Rules For Domestically Controlled REITs

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    The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • 2nd Circ. Eminent Domain Ruling Empowers Municipalities

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    The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.

  • SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • 8 Fla. Statutes That Construction Cos. Should Prepare For

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    In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.

  • Time To Fix NYC's Broken Property Assessment System

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    A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Bankruptcy Ruling Shifts Lease Rejection Claim Calculation

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    A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.

  • Do Not Overstate Fla. Condo Termination Ruling's Impact

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    A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.

  • Takeaways From FDIC's Spring Supervisory Highlights

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    The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.