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  • January 11, 2023

    Real Estate Rumors: Dean Factor, IDB Bank, Under Armour

    Dean Factor reportedly hopes to fetch $40 million with the sale of a Los Angeles-area home, IDB Bank is said to have loaned $31.9 million for a trio of New York properties, and Under Armour is said to be leasing 6,750 square feet in New York.

  • January 11, 2023

    11th Circ. Won't Let Ala. Debtor Dissolve Mortgage Lien

    An Alabama U.S. district court ruling that dissolved the mortgage lien on a bankrupt debtor's home ran afoul of federal law, the Eleventh Circuit said in a precedent-setting opinion that reaffirms the right of secured creditors to full recovery of mortgage loans.

  • January 11, 2023

    RealPage Urges Wash. Judge Not To Bundle Antitrust Cases

    RealPage Inc. on Tuesday asked a Washington federal judge to reject a move by plaintiffs' lawyers to combine a series of antitrust suits accusing the company and some of the country's biggest landlords of colluding to raise rent prices.

  • January 11, 2023

    Greenbaum Rowe Names New Real Estate Co-Chair In NJ

    Greenbaum Rowe Smith & Davis LLP announced new leadership of its real estate department this week, promoting a partner in its Roseland, New Jersey, office to co-chair.

  • January 11, 2023

    Wells Fargo, Workers Tell 3rd Circ. To Hold Off Wage Decision

    Wells Fargo and a group of thousands of mortgage consultants suing the bank for allegedly requiring them to work off the clock asked the Third Circuit to hold off its decision, saying they are in a settlement conference that could negate the court's need to weigh in.

  • January 11, 2023

    Pa. Judge Triples $122K Jury Verdict Against Homebuilder

    A Pennsylvania federal judge tripled a $122,585 portion of a $146,462 jury verdict for a suit filed against homebuilding company NVR Inc. over an allegedly poorly built luxury home, agreeing with two homebuyers that the homebuilder violated state law in a way that warrants treble damages by misleading them about the quality of the home.

  • January 11, 2023

    NJ Panel Says Landlord Did All It Could In Car Fight Case

    The owner of an Irvington, New Jersey, apartment complex cannot be expected to prevent a resident from getting injured while fighting in its parking lot when he ignores safety advice from its security beforehand, a state appellate court ruled Wednesday.

  • January 10, 2023

    Del. AG Cites Snags In Crime-Tied Org. Shutdowns

    Delaware's mission to stop the use of its corporate charters for international criminal enterprises is generating some local headaches, a state deputy attorney general told a state vice chancellor on Tuesday, pointing to difficulties with the requisite dissolution of suspect companies' assets.

  • January 10, 2023

    Wells Fargo Closes Correspondent Lending Business

    Wells Fargo & Co. on Tuesday announced plans to scale down its mortgage business amid high interest rates and a nationwide crash in lending volume, following similar moves by rival lenders.

  • January 10, 2023

    Developers Get $242M Loan For Miami Beach Luxury Hotel

    Vladislav Doronin's OKO Group and Len Blavatnik's Access Industries have landed a $242.4 million construction loan for an ultra-luxury hotel and condominium project they are building in Miami Beach, Florida.

  • January 10, 2023

    Advocates Say SF Homeless Camps Order Is 'Unambiguous'

    A group of advocates for homeless people urged a California federal judge to not clarify a previous order that blocked the city of San Francisco from removing homeless people from public property if there's a lack of space in homeless shelters, arguing clarification isn't needed since the order is unambiguous in its intention.

  • January 10, 2023

    Insurer Seeks Pretrial Win In $5M Condo Water Damage Suit

    The Burlington Insurance Co. asked a New Jersey federal judge to find that it is not obligated to cover facade damage to a condominium, arguing that the damage began before its policies with a contractor commenced.

  • January 10, 2023

    Colo. Tax Figure Loses Denver Land Spat At 10th Circ.

    A Tenth Circuit panel on Tuesday rejected an appeal from an influential former Colorado state lawmaker who wanted a federal judge to decide his real estate fight with Denver officials, concluding that federal courts could not get involved after he participated in underlying state litigation.

  • January 10, 2023

    Info Requests Heat Up In Antitrust Suit Against Zillow, NAR

    A former real estate brokerage told a Washington federal judge on Tuesday that a consultant's analysis of damages stemming from antitrust activities alleged in a suit against Zillow and the National Association of Realtors are protected under work product privilege.

  • January 10, 2023

    Landowners Tell Justices EPA Omitted New CWA Rule Info

    Landowners who are asking the U.S. Supreme Court to put new limits on what waters are covered by the Clean Water Act on Monday told the justices that a new Biden administration rule defining those limits leaves out key legislative context.

  • January 10, 2023

    Judge Rejects RealPage Landlord's Venue-Shopping Claims

    A Washington federal judge on Monday rejected a landlord's attempt to move an antitrust case against some of the country's largest landlords and RealPage Inc. to a federal court in California, finding that maneuvering by plaintiffs' attorneys doesn't smack of judge-shopping.

  • January 10, 2023

    Gov. Seeks To Revive NYC Housing Tax Break For Developers

    New York Gov. Kathy Hochul, a Democrat, strongly signaled Tuesday that she intends to try again to restructure an affordable housing tax abatement program in New York City, saying the city cannot meet affordable housing goals without it.

  • January 10, 2023

    Production Thresholds Central To NY Gov.'s Housing Plan

    Localities across New York would have to create a specified amount of new housing or relinquish the approval of certain projects to the state under a broad housing plan announced Tuesday by Democratic Gov. Kathy Hochul.

  • January 10, 2023

    Fannie Mae Sues Multifamily Investor Over $14M Loan

    Fannie Mae is suing a Texas investment group that defaulted on a $14 million loan for a 512-unit multifamily property in Albuquerque, New Mexico, after the investor failed to pay its debt even after it was provided a credit that significantly lowered the amount.

  • January 10, 2023

    Gunderson Dettmer Reps Common In Co-Living Tie-Up

    New York-based Common, led by Gunderson Dettmer, combined with Germany's Habyt, advised by BMH Bräutigam, to form one of the largest co-living platforms, the companies said Tuesday.

  • January 10, 2023

    Anywhere Real Estate Group Cuts Workforce By 11%

    Anywhere Real Estate, the parent company of some of the nation's largest residential brokerage houses, has trimmed its workforce by 11% over the past six months in response to "worsening" housing market trends and sluggish 2023 forecasts, according to a regulatory filing from the company on Monday.

  • January 10, 2023

    Brokers, Agencies Can't Duck Sweeping Housing Voucher Suit

    A New York Supreme Court judge refused to drop over a dozen brokers and agencies from a housing watchdog's sweeping suit alleging the parties discriminated against prospective tenants who sought to use subsidy vouchers to pay rent, finding the watchdog has standing to sue.

  • January 10, 2023

    Feds Say Tenant Screener Is Subject To Fair Housing Act

    The U.S. government told a Massachusetts federal court that tenant-screening firm SafeRent Solutions is subject to the Fair Housing Act, giving a boost to claims by two would-be renters that the company's algorithm was unfairly used against them.

  • January 10, 2023

    Father-Son Contractors Get Prison Time For $6M Tax Fraud

    The father-son owners of two Florida construction companies who asked to avoid prison time after pleading guilty to illegally employing workers and failing to pay nearly $6 million in taxes were sentenced to nearly two and nearly three years in prison by a federal judge.

  • January 10, 2023

    Insurer Can't Fast-Track Path To Appeal In Shooting Case

    In a short but scathing order, a Georgia federal judge denied an insurance company's bid for a final judgment on its duty to defend in an apartment shooting coverage suit, saying the case is far from ready for an appeal to the Eleventh Circuit.

Expert Analysis

  • HUD Chicago Finding Reflects Biden's Enviro Agenda

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    A recent final finding issued by the U.S. Department of Housing and Urban Development regarding relocation of a Chicago recycling facility illustrates how leveraging nonenvironmental statutes to force change and address environmental justice issues can work in practice, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

  • New Mich. Rent Law Improves Borrower-Lender Relationships

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    The recently enacted Michigan Uniform Assignment of Rents Act, largely driven by bankruptcy court decisions, clears up many legal and practical questions under Michigan state law and will change the borrower-lender relationship for the better, say Scott Lesser and Ronald Spinner at Miller Canfield.

  • 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.