Residential
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September 29, 2023
Biden 'Zero-Emission' Definition Plan Offers Industry Clarity
The Biden administration said it is working on its own federal definition of a "zero-emissions building," the construction standard that tries to eliminate the carbon contribution of buildings, which now accounts for about a third of U.S. carbon emissions.
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September 29, 2023
Property Plays: TruAmerica, NYC Housing, ACMI Properties
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.
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September 29, 2023
Diamond Resort Gets Fees, No Sanctions In Timeshare Suit
A judge granted a partial win Friday to hospitality real estate company Diamond Resorts in its dispute with a timeshare exit firm, ordering the parties to determine how much the firm owes in attorney fees due to delays it caused in the case.
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September 29, 2023
Bankrupt REIT Unit Wants 'Abusive Cloud' On Assets Cleared
A subsidiary of Silver Star Properties REIT Inc. asked a Delaware bankruptcy court this week to rule that a 2.47% minority shareholder of the entity doesn't own interest in commercial properties that are up for sale to refinance debt but are allegedly "clouded' by the member's legal actions.
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September 29, 2023
BREAKING: Jury Says Zillow's Agent Listings Didn't Harm Rival
Zillow did not make deceptive changes to its online agent listings that forced rival REX-Real Estate Exchange Inc. to go out of business, a federal jury determined Friday.
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September 29, 2023
Judge Says Real Estate Co. Wasn't Harmed By TM Suit Delay
A Texas federal judge has held that real estate company B.H. Properties LLC was not able to show that it was prejudiced by rival BH Management's alleged delay in bringing trademark infringement claims against the company, keeping the suit alive.
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September 29, 2023
SC County Can't Duck Housing Zoning Vote Bias Case
A South Carolina federal judge refused to dismiss claims that a county council was motivated by race when it tanked a zoning application for an affordable housing development, citing racist euphemisms allegedly voiced by nearby residents and one elected official.
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September 29, 2023
NC Assoc. With Land For Homes Merits Tax Break, Panel Told
A North Carolina community association that provides land for manufactured homes told the state appeals court it qualifies for a charitable tax exemption, saying the state Property Tax Commission was wrong to deny the exemption.
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September 29, 2023
Landlords Urge Justices To Review Seattle Tenant Check Law
A group of property owners and a landlord association urged the U.S. Supreme Court to review a Ninth Circuit decision upholding a provision of a Seattle tenant background check law that the landlords say is unconstitutional.
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September 29, 2023
Zurich Wins $26M In Dispute Over Construction Family Rift
An insurer is owed $26 million in a lawsuit in which family members of a construction company founder were accused of working with the insurer to trigger defaults and lawsuits over a handful of large projects, a Utah federal court ruled.
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September 29, 2023
SL Green, Pacific Retail Ask NY Town To OK Mall Overhaul
A partnership among real estate development groups is seeking city approval in White Plains, New York, to undertake a multibillion-dollar endeavor to redevelop a shopping mall into a massive mixed-use property.
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September 29, 2023
Geico Fraud Suit Should Survive, Wisconsin Couple Say
A Wisconsin couple urged a federal judge this week to keep their lawsuit against Geico alive, accusing the company of misleading them into opening a field office that ended up incurring them a $1.2 million loss, and saying they have proved they are franchisees of the insurer.
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September 29, 2023
2nd Circ. Rejects NY County Appeal In Bankruptcy Estate Row
A New York county can't foreclose on a woman's farm because she was insolvent, the Second Circuit said Friday, noting that the county missed its chance to object to an annuity the woman claimed was exempt from bankruptcy proceedings.
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September 29, 2023
Mass. Tax Board OKs Value Of Condo Sold For Higher Price
The owner of a Massachusetts condominium did not present enough evidence to lower the condo's assessed value, a state tax appeals board found, noting that the owner paid a larger amount for the property just months before its valuation.
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September 28, 2023
Zillow's Deceptive Agent Listings Killed $350M Rival, Jury Told
Counsel for a defunct real estate exchange suing Zillow for false advertising told a Washington federal jury during closing arguments Thursday that it was worth over $350 million before Zillow made deceptive changes to its online agent listings that drove it out of business.
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September 28, 2023
Realtors Say Homeowners Don't Want Class Reps Testifying
The National Association of Realtors and a pair of real estate companies accused of conspiring to increase broker commissions told a Missouri federal court the homeowners bringing the case are trying to drop several class representatives on the eve of trial to avoid having them testify.
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September 28, 2023
Wash. High Court Favors State 5-4 In Eviction Ban Challenge
A divided Washington State Supreme Court sided with Gov. Jay Inslee on Thursday in a group of landlords' challenge to the state's past COVID-19 eviction moratorium, ruling that the governor was within the bounds of his statutory and constitutional powers to temporarily bar residential landlords from ousting tenants for unpaid rent during the pandemic.
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September 28, 2023
Lender Seeks $3.6M On Unpaid DC Apartment Loan
Real estate loan provider Genesis Capital asked a Washington, D.C., federal judge Thursday to award it $3.6 million and grant it an early win in its suit against an apartment complex owner that defaulted on a $3 million loan from 2022.
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September 28, 2023
1 Year After Hurricane Ian, SW Fla. Market Shows Resilience
A year after Hurricane Ian plowed into Southwest Florida, local communities are still grappling with what the future will look like, but one thing not in doubt is that people have continued to be attracted to this stretch of the Gulf Coast known for its warm weather, clear waters and sandy beaches.
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September 28, 2023
3 Firms Want Up To $6.5M In Mich. Tax Foreclosure Row
A group of firms asked a Michigan federal court to sign off on a requested multimillion-dollar award after attorneys negotiated a class action settlement that would see former owners of tax-foreclosed homes recoup revenue generated via foreclosure sales in excess of their tax debt.
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September 28, 2023
Insurer Loses Bid To Limit La. Landlord's Hurricane Coverage
A Louisiana federal judge rejected an insurer's bid Thursday to limit the scope of disputed losses owed to an apartment rental company ahead of a hurricane damage coverage trial, finding the company plausibly argued that the insurer was to blame for unfinished repairs.
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September 28, 2023
Family Not Covered In Fatal Overdose Suit, Conn. Judge Says
An insurer doesn't have to defend a family in an underlying lawsuit accusing the family of negligence in a woman's fatal overdose, a Connecticut federal court ruled, finding that a controlled substances exclusion in the family's homeowners policy precludes coverage.
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September 28, 2023
New York AG, Comptroller Back Bill To Reveal LLC Owners
New York Attorney General Letitia James and Comptroller Thomas DiNapoli threw their weight behind a bill that would require limited liability corporations — frequently used as vehicles for real estate in New York City — to list their beneficial owners in a federal database.
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September 28, 2023
Kucker Marino Grows NYC Office, Adds Real Estate Litigators
Kucker Marino Winiarsky & Bittens LLP said it has brought on three new partners with commercial real estate litigation chops, along with additional hires, and expanded its office space in Manhattan.
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September 28, 2023
Sports Arena Part Of Reno Resort's $1B Planned Upgrade
Grand Sierra Resort plans to build a sports arena and an 800-room hotel as part of a $1 billion investment in its downtown Reno, Nevada, property.

Transformative Change Underway In Southwest Fla. After Ian
After receiving a direct hit last September from Hurricane Ian, residents, businesses and officials in Southwest Florida have spent the last 12 months cleaning up and assessing which structures survived, which didn't and which approach to take to building back.

Sober Living Homes Await Potential High Court Intervention
As a petition challenging sober living homes' right to be shielded by federal disability laws sits before the U.S. Supreme Court, legal experts are bracing for a decision that could reshape the landscape of the addiction recovery industry.

CFPB Report Finds Sharp Rise In Mortgage Closing Costs
Homebuyers paid significantly more in closing costs in 2022, possibly due to their increased use of discount points to offset higher interest rates, the Consumer Financial Protection Bureau said in a report released Wednesday.
Expert Analysis
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What To Consider When Converting Calif. Offices To Housing
In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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9 Consumer Finance Issues To Note From CFPB Report
A recent report from the Consumer Financial Protection Bureau highlights abusive consumer finance tactics that the agency uncovered during supervisory examinations over the last year — among the most significant issues identified: deceptive practices in automotive loan servicing, and consumer reporting and debt collection compliance failures, say attorneys at Troutman Pepper.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Transaction Risks In Residential Mortgage M&A Due Diligence
As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.
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Ore. Warranty Ruling Complicates Insurance Classification
The Oregon Court of Appeals' recent TruNorth v. Department of Consumer and Business Services holding that a service contract — commonly referred to as an extended warranty — covering commercial property is subject to the state's consumer service contract laws raises regulatory questions for contract obligors, sellers and administrators, say attorneys at Locke Lord.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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FCRA Legislation To Watch For The Remainder Of 2023
If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.
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Regulators Must Get Creative To Keep Groundwater Flowing
Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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What Upholding Of Short-Term Rental Law Means For NYC
A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.
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Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.