Residential

  • January 05, 2023

    Gawthrop Greenwood Adds Real Estate Firm

    Two veteran attorneys from a Pennsylvania real estate law firm have announced that they are merging their firm with Gawthrop Greenwood.

  • January 05, 2023

    Ex-Brokers Hit Rocket Mortgage With Unpaid OT Suit

    A group of former Rocket Mortgage brokers hit the home mortgage lender with a proposed collective action in Arizona federal court alleging the company failed to pay them overtime wages despite their regularly working over 40 hours a week.

  • January 04, 2023

    CIBC Balks At $848M Damages Ruling In Suit With Cerberus

    Canadian Imperial Bank of Commerce announced Wednesday that it would appeal a decision in New York state court finding it liable for a total of $848 million in damages to private equity firm Cerberus Capital Management, saying it "strongly disagrees" with the ruling.

  • January 04, 2023

    Climate Risk, Affordable Rent Top Fannie, Freddie 2023 Goals

    Addressing climate risks for borrowers and affordable housing for renters are at the top of the Federal Housing Finance Agency's priorities for 2023 in its annual scorecard for Fannie Mae and Freddie Mac released Wednesday.

  • January 04, 2023

    Does The Five-Over-One Building Have A Future?

    Perhaps no type of building is as evocative of the 21st century urban landscape as the workmanlike five-over-one: one story of concrete podium topped by five stories of wood frame, typically with retail on the ground floor and apartments above.

  • January 04, 2023

    LA County To Buy Family's Returned Beach Property For $20M

    A Los Angeles family whose beachfront property was recently returned to them by Los Angeles County after a century has opted to sell the property back to the county for nearly $20 million.

  • January 04, 2023

    NJ Panel Agrees Pollution Exclusion Bars Builder's Coverage

    A group of homeowners cannot gain proceeds from a bankrupt property developer's insurance policies with Hartford and AIG units after they won a nearly $2 million judgment against the developer over their pollution claims, a New Jersey state appeals court affirmed Wednesday, finding pollution exclusions in the policies barred coverage.

  • January 04, 2023

    Deceased Man's Relationship History At Issue In Eviction Trial

    Hell's Kitchen resident Markyus O'Neill and his now-deceased roommate became "very close" over several years, and their non-exclusive relationship should protect O'Neill from eviction, his lawyer said Wednesday, kicking off a bench trial in Manhattan Housing Court.

  • January 04, 2023

    Insurers Can Force Arbitration For $7M Hurricane Ida Claim

    A group of 11 insurers led by certain underwriters at Lloyd's of London can force a New Orleans property owner to arbitrate its $7 million Hurricane Ida damage claim, a Louisiana federal judge ruled.

  • January 04, 2023

    San Francisco Wants Clarity In Homeless Encampment Case

    The city of San Francisco called on a federal judge to clarify the terms of a preliminary injunction that bars removing homeless individuals from public property as long as a shortage exists of shelter beds.

  • January 04, 2023

    Denver Tenant Brings New Antitrust Claims Against RealPage

    A resident of Denver has filed a new class action against RealPage Inc., arguing that a group of large landlords using the company's software ran a price-fixing scheme to drive up rent and control vacancies across the city's rental market.

  • January 04, 2023

    Calif. Resolves Sex Harassment Claim Against Landlords

    The California Civil Rights Department prevented the eviction of a Placerville tenant who filed a housing complaint claiming that a landlord and his wife tried to evict her for rejecting the landlord's demand for sex, the department announced.

  • January 04, 2023

    Treasury Issues Final Regs For Foreign Pension Funds

    The U.S. Treasury Department published final rules narrowing the scope of tax relief available to foreign pension funds for gains or losses on certain U.S. real estate interests while proposing new guidance on other exemptions afforded them.

  • January 04, 2023

    9th Circ. Reverses City's Win In Sober Living Homes Suit

    Two sober living home operators will get another chance to keep their current locations after the Ninth Circuit reversed a district court ruling that upheld a California city's decision to deny the operators special permits a new zoning ordinance required.

  • January 04, 2023

    Investors Seek To Keep Texas Condo Race Bias Suit Alive

    Three Black real estate investors told a Texas federal court not to toss their claims that a real estate agent refused to sell them condos marketed to "Chinese and Asian communities," and argued that their claims of emotional distress sufficiently allege extreme and outrageous conduct.

  • January 04, 2023

    Liens Apply To NJ Properties In $16M Tax Row, Court Says

    Tax liens assessed by the IRS in its efforts to collect a man's $16.2 million in taxes can be applied to two New Jersey properties, a federal court ruled, finding that they effectively belonged to him for purposes of the liens. 

  • January 04, 2023

    Real Estate Services Co. Starts Year With New Legal Leaders

    Houston-based real estate services company Stewart Information Services Corp. has bolstered its legal department leadership with promotions to three, top in-house legal and compliance positions.

  • January 04, 2023

    Brinkley Morgan Elevates Real Estate Pro To Partner

    Florida's Brinkley Morgan has a new partner after it promoted one of its own associates in the real estate and corporate law practice groups.

  • January 04, 2023

    Liberty Mutual Says Witness In Bias Suit Threatened Atty

    Liberty Mutual is asking that a key witness in a discrimination suit filed against it in Illinois federal court be found in contempt after he allegedly threatened violence against the insurance company's counsel while refusing to respond to a subpoena.

  • January 03, 2023

    RealPage Suit Should Return To Calif., Co-Defendant Says

    One of the numerous antitrust suits facing RealPage Inc. should go back to Southern California, a real estate investment trust said, arguing that the plaintiffs' attorneys have failed to justify their decision to drop two "virtually identical" cases against the property management software company in the Golden State and refile them in Seattle.

  • January 03, 2023

    Nashville Tenant Joins Chorus Of RealPage Antitrust Claims

    A Tennessee tenant claims a group of large landlords used software developed by RealPage Inc. to artificially inflate rental costs and stagger vacancies on millions of units in the latest antitrust suit against the companies.

  • January 03, 2023

    Ex-NY Official's Claims Cloud Dispute Over Historic Rent Cut

    A Kingston, New York, housing official told a state court he had warned the city his department was ill-equipped to accurately conduct a survey carried out by his successor to justify a rent stabilization regime that landlords are challenging, prompting immediate pushback from the city.

  • January 03, 2023

    Nomura To Pay Ambac $140M To End RMBS Dispute

    Ambac Financial Group announced Tuesday that Nomura Credit & Capital Inc. has agreed to pay $140 million to resolve claims that it lied about the quality of its residential mortgage-backed securities.

  • January 03, 2023

    El Paso Can't Escape Suit Over Fees, Court Says

    A Texas appeals court has affirmed a trial court ruling that the city of El Paso must face a lawsuit filed by a resident and former state representative challenging its environmental franchise fees and how it spends them.

  • January 03, 2023

    Realtors Want To Appeal Per Se Ruling In Antitrust Suit

    The National Association of Realtors wants the Eighth Circuit to consider an antitrust claim against it, saying a lower court used the wrong standard to reach a recent summary judgment.

Expert Analysis

  • Florida Construction Defect Proposal Unfair To Homeowners

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    Proposed changes to Florida’s Chapter 558 notice process would require homeowners alleging construction defects to clear costly hurdles and sign perjury penalty acknowledgements, which would favor builders by discouraging suits seeking recovery, say Nick Vargo and Greg Demers at Ball Janik.

  • Cybersecurity Considerations After NY Lender's Data Breach

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    The New York Department of Financial Services’ recent enforcement action against Residential Mortgage Services for inadequately responding to a cybersecurity breach is instructive for financial institutions evaluating existing data security safeguards, refining their compliance programs and preparing for regulatory examinations, say attorneys at Arnold & Porter.

  • When Federal Courts Remand Eviction Actions Back To States

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    Bruce Falby and Paul Lewis at DLA Piper explore a recent trend of federal courts declining to adjudicate eviction cases removed from state court, even where there is diversity jurisdiction — and its implications for commercial tenants and landlords.

  • NY Rent Control Bill Would Hurt Residential Real Estate Sector

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    Legislation recently introduced in New York to effectively create rent control for virtually every residence would create problems for hotels, discourage the building of new housing projects and make it more difficult for landlords to evict occupants, says Stuart Saft at Holland & Knight.

  • Key Tax Concerns For Foreign Investors In US Private Equity

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    Paul D'Alessandro at Bilzin Sumberg examines important tax questions foreigners interested in U.S. private equity investments should ask in advance, including whether the investment will produce active or passive income, be subject to gains tax, and have U.S. estate tax consequences.

  • What CFPB Policy Shift Means For Scrutiny Of Abusive Acts

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    The Consumer Financial Protection Bureau's new plan to more aggressively deploy its rulemaking, supervisory and enforcement authority — coupled with its recent rescission of a policy calling for restraint in policing abusive acts and practices — could lead to more frequently cited abusiveness violations and expansion of the standard for identifying them, say attorneys at Paul Weiss.

  • 3 Arthrex-Adjacent High Court Cases Could Affect PTAB's Fate

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    As patent practitioners await a decision on the constitutionality of Patent Trial and Appeal Board judges in U.S. v. Arthrex, they should keep their eyes on three other pending U.S. Supreme Court cases that, while not IP-related, involve overlapping legal issues, including the severability doctrine, says William Milliken at Sterne Kessler.

  • Fla. Construction Defect Law Lacks Teeth, Despite Updates

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    Though a new bill updating Florida's alternative dispute resolution process governing construction defect claims will take effect in July, the law contains some significant shortcomings that remain unaddressed, says Adam Richards at Berger Singerman.

  • Offshore Wind Push Is Good News For NYC Building Owners

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    With a surge of federal and state support for offshore wind power in New York state, the projects now in development should greatly benefit New York City building owners seeking to comply with the city's Climate Mobilization Act, says Raymond Pomeroy at Stroock.

  • How Surveys Provide Insight For Consumer Finance Litigation

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    As consumer finance litigation and enforcement are expected to increase under President Joe Biden, surveys can play an important role by assessing consumers' decision making and understanding of financial disclosures, say analysts at Cornerstone Research.

  • OCC Rule Misaligned With Some Tax Equity Safe Harbors

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    The Office of the Comptroller of the Currency's recently finalized rule on national banks' participation in tax equity financings aligns with safe harbor guidance for renewable energy investments, but not with safe harbor structures for historic preservation and carbon capture tax credits, say attorneys at Nixon Peabody.

  • Financial Institutions Must Prepare For Climate Regulations

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    Banking regulators will likely start issuing regulations and guidance on assessing climate-related risks soon, so bank directors and senior management must incorporate climate change into their risk assessments and mitigation frameworks, say attorneys at Arnold & Porter.

  • Legal Pitfalls HOAs Should Avoid When Using Drones

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    As drone technology becomes more advanced and accessible, more homeowners associations are beginning to use drones to enforce covenants, but they must be careful to avoid three areas of potential legal liability, say Gary Kaleita and Ty Pryor at Lowndes Drosdick.