Residential

  • October 18, 2024

    Cos. Say Brokerage Startup's NAR Listing Rules Suit Is Stale

    HomeServices of America Inc. and HSF Affiliates LLC told a Utah federal court on Friday to toss a residential brokerage startup's antitrust suit that accused them, multiple brokerages and the National Association of Realtors of conspiring to block the startup from NAR's multiple listing services.

  • October 18, 2024

    Ohio High Court Restores Developer's FHA Penalty Suit

    The Ohio Supreme Court has revived a developer's attempt to recoup some of a Fair Housing Act penalty from franchisees who built inaccessible multifamily housing, finding Friday the lower courts jumped the gun when they found the developer's claims were preempted by the FHA.

  • October 18, 2024

    Enforcers Fight RealPage Transfer Bid In Rent-Fixing Case

    Enforcers urged a North Carolina federal court not to transfer the government's antitrust case against RealPage to the Tennessee court overseeing similar private cases, saying Congress has made it clear that public antitrust actions should not be roped into multidistrict litigation.

  • October 18, 2024

    Judge Excuses Nationwide From Ga. Mold Death Coverage

    A Georgia federal judge found Nationwide Property & Casualty Insurance Co. has no duty to defend an apartment owner from claims in a separate lawsuit alleging the landlord failed to treat black mold or warn a tenant who died of exposure to the infestation.

  • October 18, 2024

    Feds Win 1st Trial In Sprawling NYC Housing Bribery Case

    A former New York City Housing Authority superintendent was convicted of taking bribes to award no-bid contracts, handing federal prosecutors a win in the first trial in a case that saw 70 defendants arrested earlier this year.

  • October 17, 2024

    9th Circ. Upholds Wash. City's Anti-Car Camping Law

    A Ninth Circuit panel has rebuffed a veteran's challenge to a Washington city's ordinance that he says displaced residents living in their vehicles, ruling Oct. 17 that the ordinance does not violate his purported right to intrastate travel, which the judges said may not exist to begin with.

  • October 17, 2024

    Pa. Appeals Court Stops Damaged Philly Building's Demolition

    A Pennsylvania appellate court has tossed a lower court order that required the demolition of a seven-story Philadelphia apartment building that had a partial façade collapse in September 2022.

  • October 17, 2024

    Milton Brings High Insured Costs, Familiar Pressures To Fla.

    While Florida avoided a worst case scenario following Hurricane Milton's landfall, insurance experts say that the high cost of the storm will add familiar pressures to a Florida homeowners insurance market that has been battered for years by storms.

  • October 17, 2024

    NJ Atty Disbarred On Charges Of Stealing Over $600K

    A New Jersey attorney accused of stealing over $600,000 from several clients through fraudulent real estate transactions over the last 10 years has been disbarred in New Jersey state and federal court.

  • October 17, 2024

    5th Circ. Tosses Policyholder's Hurricane Coverage Suit

    The Fifth Circuit affirmed the dismissal of a National Flood Insurance Program policyholder's suit seeking coverage for at least $100,000 in hurricane damage to a Mississippi beachfront property, saying it was time-barred and failed to allege any extracontractual duties.

  • October 16, 2024

    NYC Condo Building's Revised Ch. 11 Plan Gets Confirmation

    A New York federal bankruptcy judge has confirmed the owner of a Manhattan condominium complex's revised Chapter 11 plan, signing off on the planned restructuring after initially sending it back for revisions in late September, according to a notice filed Wednesday.

  • October 16, 2024

    Hurricanes Stir Questions On 'Acts Of God' In Contracts

    The predictability of extreme weather events is bringing renewed attention to force majeure clauses in real estate contracts and whether incidents like a pair of devastating hurricanes in Florida can really be classified as unforeseeable "act of God" events.

  • October 16, 2024

    Real Estate Lenders Are Borrowers In Debt Funds' Rise

    Private credit may have stepped in to fill the void when banks pulled back significantly from lending to commercial property owners, but that doesn't mean banks have left the picture.

  • October 16, 2024

    11th Circ. Says No Claim For Taking Until Permit Is Denied

    The Eleventh Circuit ruled Wednesday that Fane Lozman — houseboat owner, activist and thorn in the side of the Riviera Beach, Florida, city government — cannot yet bring his claims for a regulatory taking of his property against the city because he has not applied for a permit or zoning variance.

  • October 16, 2024

    Feds Deny That West Bank Sanctions Hamper Free Speech

    The Biden administration rebuffed claims by a group of U.S. and Israeli citizens that a sanctions program covering extremist actors in the Israeli-occupied West Bank restricts their free speech rights, saying that merely opposing U.S. foreign policy goals isn't a sanctionable offense.

  • October 16, 2024

    DC Tenant Atty Says There's No Evidence Of ERAP Fraud

    Washington, D.C., officials recently changed the city's Emergency Rental Assistance Program to address what they called a crisis stemming from some tenants misusing the initiative, but the district hasn't shown evidence of misuse and the updates will likely cause more harm than good, a Legal Aid DC attorney told Law360 Real Estate Authority in an interview.

  • October 16, 2024

    NC Panel Won't Reignite Duke Energy Case Over House Fire

    A split panel of the North Carolina Court of Appeals declined to revive a liability suit brought against Duke Energy Corp. and a contractor it hired to install new meters at its customers' homes after one of those contractors allegedly caused a bed to catch fire leading to $130,000 in damage.

  • October 16, 2024

    Dallas Officials OK $54M Townhomes Development Project

    Dallas' City Plan Commission unanimously approved Steinbridge Group's $54 million plans to develop 180 three-bedroom townhomes in the city's Capella Park neighborhood, the real estate development and investment firm announced.

  • October 16, 2024

    Lender To Pay $10M To Settle Birmingham Redlining Claims

    The Consumer Financial Protection Bureau and the U.S. Department of Justice said a mortgage lender the agencies accused of redlining in Birmingham, Alabama, will pay nearly $10 million and open a loan office in a majority-Black neighborhood to resolve the claims.

  • October 16, 2024

    Short Supply Continues To Drive Home Price Growth

    Single-family home prices moderated only slightly in the third quarter of 2024, as tight supply continues to constrain the market even as mortgage rates drop, per Fannie Mae's Home Price Index.

  • October 16, 2024

    Barings Offers $134M Refi For NC Apartment Complex

    Barings has provided a five-year, $134 million loan to refinance the debt for a 283-unit, mixed-use North Carolina apartment complex, the real estate investment management company announced.

  • October 16, 2024

    4th Circ. Affirms Judgment In Foreclosure Bid-Rigging Case

    The Fourth Circuit backed a North Carolina federal court and tossed part of an appeal by a real estate company founder and others of a jury verdict that they rigged bids in foreclosure auctions in violation of state and federal antitrust laws.

  • October 15, 2024

    CFPB Funding Shouldn't Stop Texas' Fraud Suit, Judge Says

    A Houston federal magistrate judge has endorsed allowing the state of Texas to proceed with a real estate fraud suit against land developer Colony Ridge, rejecting objections tied in part to the Consumer Financial Protection Bureau's funding from Federal Reserve "earnings."

  • October 15, 2024

    Realtors Ask High Court To Quash DOJ Antitrust Probe

    The National Association of Realtors has petitioned the U.S. Supreme Court for review of a ruling that would allow the U.S. Department of Justice's Antitrust Division to reopen an investigation into the trade group's rules and policies after an earlier settlement.

  • October 15, 2024

    PE Firm Nets $300M Recapitalization For Brooklyn Tower

    Alpaca Real Estate has obtained $300 million to recapitalize The Axel, a 29-story, 284-unit Class-A residential tower in Brooklyn, New York, the real estate-focused private equity firm announced Tuesday.

Expert Analysis

  • Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How NY Co-Ops Can Minimize Sale Rejections Based On Price

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    New York co-op sales are regularly rejected for being below undisclosed price minimums, and co-op boards should address this problem by sharing information more transparently and allowing some flexibility for below-market sales, say Pierre Debbas and Seth Feldman at Romer Debbas.

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • The Clock Is Ticking For Fla. Construction Defect Claims

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    Ahead of the fast-approaching July 1 deadline for filing construction defect claims in Florida, Sean Ravenel at Foran Glennon discusses how the state's new statute of repose has changed the timeline, and highlights several related issues that property owners should be aware of.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Debate Over CFPB Definition Of Credit Is Just Beginning

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    The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • The FTC And DOJ Should Backtrack On RealPage

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    The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.

  • Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.