Residential

  • September 23, 2022

    Tenn. ALJ Says Homeowners Fail To Establish Reduced Value

    Tennessee homeowners cannot have the valuation of their property reduced by arguing that its value should be similar to that of nearby properties, a state administrative law judge ruled, as no adjustments to comparables were made.

  • September 23, 2022

    Wash. Tax Dept. Says Property Transfer Subject To Tax

    A Washington state property transfer that was part of the dissolution of a partnership was subject to the state's real estate excise tax, the state tax department said, because the transaction relieved the grantors of debt on the property.

  • September 23, 2022

    Fla. Boutique AVILA Adds Real Estate Senior Counsel

    South Florida Boutique Avila Rodriguez Hernandez Mena & Garro LLP hired a new real estate transactions senior counsel who was part of a family firm for more than 16 years.

  • September 23, 2022

    HUD Awards 19,000 New Housing Vouchers Nationwide

    Nearly 2,000 public housing agencies nationwide will benefit from 19,000 new housing vouchers awarded by the U.S. Department of Housing and Urban Development on Friday, just weeks after the agency inflated vouchers' values for struggling renters.

  • September 22, 2022

    Attys Secure $80M Fee Award In Calif. Oil Spill Settlement

    The California federal judge who oversaw the seven-year class action fight waged by California fishers and property owners harmed by an oil spill says the Lieff Cabraser and Keller Rohrback attorneys behind the litigation deserve their nearly $80 million payday.

  • September 22, 2022

    Insurer Drops Suit Against Ex-Condo Board President

    An insurer voluntarily dismissed its case Thursday in Illinois federal court against a former condo board president who is suing his homeowners association, its board and others in an insured-versus-insured suit brought over mismanagement, bullying and theft claims, among other things.

  • September 22, 2022

    Bar Owner's 'Suspicious' Testimony Dooms TM, TTAB Finds

    The company behind a New York cocktail bar failed to convince the Trademark Trial and Appeal Board to cancel a trademark registration on the term "Happiest Hour," with the board finding in a precedential opinion that the bar owner's testimony was inconsistent and contradictory.

  • September 22, 2022

    NYC Offers 1st Social Bonds To Cover $400M Housing Loans

    Proceeds from New York City's inaugural $400 million issuance of social bonds are expected to reimburse city spending on 16 affordable housing projects in what experts described as an increasingly popular strategy to drum up investor interest.

  • September 22, 2022

    Ballard Spahr Adds Veteran Real Estate Atty In Minneapolis

    Veteran real estate attorney Angela Christy joined Ballard Spahr LLP's real estate department and affordable housing and community development group as a new partner based in Minneapolis, the firm announced Thursday.

  • September 22, 2022

    Tenn. ALJ Rejects Couple's Bid To Cut $816K Home Valuation

    A Tennessee administrative law judge rejected a couple's attempt to reduce the $816,100 valuation of their home, saying their argument that a larger, neighboring house was assessed at a lower amount didn't justify cutting the property's value.

  • September 22, 2022

    Real Estate Rumors: Black Lion, ICO Group, WTI Capital

    Black Lion has reportedly paid $6.4 million for a Miami retail space, ICO Group is reportedly hoping to get $69.8 million with the sale of a shuttered Los Angeles hotel, and WTI Capital is said to have scored $54.8 million in financing for a Florida multifamily property.

  • September 22, 2022

    Construction Co. Can't Escape Gold King Mine MDL

    A New Mexico federal judge has shot down contractor Harrison Western Construction Corp.'s request to be let out of a lawsuit from Navajo farmers over the 2015 Gold King Mine spill, rejecting the Colorado-based company's assertion that the court lacks jurisdiction.

  • September 22, 2022

    Marriott Robocall Claims Against Timeshare Co. Largely Axed

    A Virginia federal judge tossed several of Marriott International Inc.'s claims against timeshare company ResortCom, which was accused of being part of a robocall scheme, ruling that the hotel giant had failed to plausibly allege that ResortCom knew that the companies it worked with were infringing on Marriott's trademark.

  • September 22, 2022

    Fla. Condos Sue Insurers Over Hurricane Irma Damage

    Two Miami-area condo associations sued their insurers Wednesday for allegedly not covering millions of dollars of damage from Hurricane Irma.

  • September 22, 2022

    CFPB Seeks Input On How To Spread Refi Wealth

    The Consumer Financial Protection Bureau turned its focus toward homeowners' bottom line on Thursday, asking the public for input on how to make household savings from refinancing more accessible to the broader population.

  • September 22, 2022

    Delayed Notice Relieves Insurer From Covering Defect Suits

    A construction company is not entitled to coverage for a pair of underlying construction defect suits, an Alabama federal court ruled, saying the builder's failure to provide timely notice of the suits relieved its insurer of any coverage obligations.

  • September 21, 2022

    Illinois Justices Mull Condo Sellers' Ability To Sue Over Fees

    A management company urged the Illinois Supreme Court Wednesday to reject the finding of two lower courts that a state law governing condominiums allows condo unit sellers to sue property managers over allegedly excessive fees they charged for providing the sellers documents they were required to disclose to prospective buyers.

  • September 21, 2022

    8th Circ. Cues Up Fresh Look In Mobile Home Voucher Suit

    Whether accepting a rental voucher amounted to reasonable accommodation for an Iowa mobile home park resident's disabilities could be decided without deference to a lower court's findings, an Eighth Circuit panel signaled Wednesday.

  • September 21, 2022

    HUD To Hand Out $175M For Low-Income Senior Housing

    The U.S. Department of Housing and Urban Development said Wednesday that it will award up to $174.6 million in grants to build new low-income senior housing projects and support existing ones across the country, as demand for such homes is at an all-time high.

  • September 21, 2022

    Insurer Urges Ill. Justices To Sink Tenants' Fire Defense Bid

    Auto-Owners Insurance Co. urged the Illinois Supreme Court on Wednesday to keep a rental property's tenants from taking "a wrecking ball" to the duty to defend and reverse a lower court's finding that it should defend them in a handyman's fire negligence suit.

  • September 21, 2022

    Judge Won't Let Zillow Off Hook In Suit Over Agents, Prices

    A judge allowed a real estate broker's suit against Zillow for steering homebuyers to preferred advertising agents and using misleading pricing to move forward on Wednesday in Connecticut federal court, although she dismissed portions of the broker's argument.

  • September 21, 2022

    Dentons Guides $148M Multi-State Self Storage Deal

    Dentons US helped Brighthouse Life Insurance Co. with a $148 million loan to West Palm Beach, Florida-based investment group SROA Capital for a 12-state self-storage portfolio, according to a document recorded Monday in Broward County, Florida.

  • September 21, 2022

    NJ Developer Says Atty Delayed Condo Project, Overbilled

    A New Jersey attorney has been hit with a malpractice suit from a real estate developer who claims the lawyer mangled efforts to secure approvals for a new condominium complex in Toms River, New Jersey, and overcharged for legal fees in a separate matter.

  • September 21, 2022

    NJ Atty Avoids Default Loss In Fla. Couple's Malpractice Suit

    A lawyer's delayed response to a malpractice suit may not make him "a model of diligence," but it wasn't enough to be inexcusable, a New Jersey federal judge ruled in rejecting a couple's default judgment motion against the attorney and his law firm in a case over his alleged failure to prevent the couple's home from being foreclosed.

  • September 21, 2022

    Listing Magazine Appeals Zillow Antitrust Loss To 2nd Circ.

    A home listing magazine on Wednesday filed a notice of appeal to the Second Circuit to challenge a Vermont federal judge's dismissal of its antitrust suit against Zillow, which the magazine accused of having deceptive for-sale-by-owner listings that put sellers into contact with commission-earning real estate agents.

Expert Analysis

  • Beware Broad Damage Waivers In Construction Contracts

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    As the booming construction industry shifts some of project owners' bargaining power to contractors, owners should be on the lookout for certain contract provisions that could broadly waive consequential damages and compromise other potential remedies, says Daniel Miktus at Akerman.

  • 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.