Residential

Expert Analysis

• When Mortgage Data Can't Prove Discriminatory Lending

  

  As plaintiffs continue to use Home Mortgage Disclosure Act data as grounds for class actions, attorneys must consider the limits of a statistics-only approach and the need for manual loan file review to confirm indications of potential discriminatory lending, say Abe Chernin, Shane Oka and Kevin Oswald at Cornerstone Research.

• Ill. State Farm Suit Tests State Insurance Data Demand Limits

  

  The Illinois Department of Insurance's recently filed suit against State Farm, seeking nationwide data on its homeowners insurance, raises important issues as to the breadth, and possible overreach, of a state's regulatory authority, says Stephanie Pierce at Kutak Rock.

• Class Actions At The Circuit Courts: November Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.

• How Calif. Zoning Bill Is Addressing The Housing Crisis

  

  The recently signed S.B. 79 represents a significant step in California's ongoing efforts to address the housing crisis by upzoning properties near qualifying transit stations in urban counties, but counsel advising on S.B. 79 will have to carefully parse eligibility and compliance with the bill and related statutes, says Jennifer Lynch at Manatt.

• NYC Landlords Should Fight Unlawful Occupancy With 2 Laws

  

  New York City property owners should proactively use the Multiple Dwelling Law and Administrative Code to maintain the integrity of the city's housing market, safeguard tenant safety and keep unlawful occupancy disputes out of the already overwhelmed New York City Housing Court, say attorneys at Rosenberg & Estis.

• Key NY State Grand Jury Rules Can Shape Defense Strategy

  

  As illustrated by recent cases, New York state's grand jury rules are more favorable than their federal counterparts, offering a genuine opportunity in some cases for a white collar criminal defendant to defeat or meaningfully reduce charges that a prosecutor seeks to bring, says Ethan Greenberg at Anderson Kill.

• New Mass. 'Junk Fee' Regs Will Be Felt Across Industries

  

  The reach of a newly effective regulation prohibiting so-called junk fees and deceptive pricing in Massachusetts will be widespread across industries, which should prompt businesses to take note of new advertising, pricing information and negative option requirements, say attorneys at Hinshaw.

• Addressing Legal Risks Of AI In The Homebuilding Industry

  

  Artificial intelligence is transforming the homebuilding industry, but the legal challenges posed by its adoption spread across many areas, including contractual liability and intellectual property issues, so builders should adopt strategies to mitigate the risks and position themselves for success, says Philip Stein at Bilzin Sumberg.

• Compliance Steps To Take As FCRA Enforcement Widens

  

  As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.

• How Calif. Law Cracks Down On Algorithmic Price-Fixing

  

  Gov. Gavin Newsom signed two laws this month significantly expanding state antitrust enforcement and civil and criminal penalties for the use or distribution of shared pricing algorithms, as the U.S. Department of Justice has recently wielded the Sherman Act to challenge algorithmic pricing, say attorneys at Pillsbury.

• New Conn. Real Estate Laws Will Reshape Housing Landscape

  

  With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.

• Md. Ruling Spotlights Source-Of-Income Discrimination

  

  In Hare v. David S. Brown Enterprises, the Maryland Supreme Court recently ruled that landlords cannot impose income requirements that disqualify tenants relying on housing vouchers, raising questions about applying the disparate impact doctrine in source-of-income discrimination cases, says Yvette Pappoe at the University of the District of Columbia.

• Colo. Law Brings Some Equilibrium To Condo Defect Reform

  

  Colorado's American Dream Act, effective next year, does not eliminate litigation risk for developers entirely, but it does introduce a process, some predictability and a more holistic means for parties to resolve condominium construction defect claims, and may improve the state's housing shortage, says Bob Burton at Winstead.