Residential

  • November 25, 2024

    Home Automation Co. Strikes $1.5M Deal To End OT Suit

    A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.

  • November 22, 2024

    Ex-NFL Player Scott Turner Picked For Trump's HUD Secretary

    Donald Trump announced Friday that he nominated retired NFL player and former executive director of the White House Opportunity and Revitalization Council Scott Turner to serve as secretary of the U.S. Department of Housing and Urban Development.

  • November 22, 2024

    Service Fees Not 'Incidental' To Debt Collection, 11th Circ. Told

    Ocwen Loan Servicing LLC urged the Eleventh Circuit on Friday to reverse two Florida lower court judgments finding it violated debt collection practices with a fee to process phone or internet payments, saying it's not an illegal "incidental" charge because the borrower is paying for an optional service.

  • November 22, 2024

    Insurer Says Property Co. On Hook For $250K Cyber Theft

    An insurer for a Washington condominium association told a federal court that a property management services company must reimburse the carrier for nearly $250,000 its insured lost after cybercriminals allegedly hacked into the management company's computer system and made payment requests from the condo association's bank account.

  • November 22, 2024

    Flipping Report Suggests Gains Taxes, Mortgage Tax Breaks

    House flipping in New York City pushes out long-term residents and drives up home prices, necessitating interventions such as steep gains taxes on home sales and a mortgage recording tax exemption for low-income buyers, the Pratt Center for Community Development reported Thursday. 

  • November 22, 2024

    DC RealPage Antitrust Suit Will Get New Judge In 2025

    The District of Columbia's case accusing a slew of landlords of using property management platform RealPage to fix the price of rentals is proceeding on schedule, but the judge who has been overseeing the case is going to be handing the matter off to another at the end of the year.

  • November 22, 2024

    AG Doesn't Rep NJ Housing Group's Interests, Court Told 

    A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin. 

  • November 22, 2024

    Insurer Owes $4.5M For Water Damage, Wash. HOA Says

    A Washington state homeowners association told a federal court that its insurer owes over $4.5 million in coverage to repair hidden water damage at its condominium community, arguing that no exclusions, conditions or limitations bar coverage under its policy.

  • November 22, 2024

    Debt Collector Awakened Illegal 'Zombie Loans,' Suit Says

    Real Time Resolutions Inc., a debt collection company, is facing a new proposed class action from two North Carolina homeowners, who have accused it of assessing an illegal interest on their mortgage that was charged off more than a decade ago.

  • November 22, 2024

    Property Plays: Fannie Mae, Extell, Knott Development

    Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.

  • November 22, 2024

    Home Sales, Supply Rise From 2023 In NAR October Figures

    Home sales and inventory each climbed in October in a sign that activity is picking up along with moderating interest rates, according to figures from the National Association of Realtors.

  • November 22, 2024

    Lender Can't Arbitrate Fired Worker's Suit Over Cancer Leave

    A California appeals court upheld a trial court's order that a mortgage lender cannot arbitrate a worker's suit alleging she was wrongfully fired after a cancer diagnosis, ruling the former employee cast enough doubt about the signature on the deal to keep her case in court.

  • November 21, 2024

    DOD Needs To Do More To Fix Military Housing, OIG Says

    The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.

  • November 21, 2024

    Tenant Class Attys Get $1.1M Fee In Race Bias Suit Deal

    A federal judge awarded a nearly $1.1 million fee to class counsel for housing applicants who accused a tenant screening company of disproportionately excluding Black and Hispanic renters, saying the requested fee was reasonable for the $2.2 million settlement the attorneys struck.

  • November 21, 2024

    Insurers Sued Over Defense Costs In Fort Bragg Housing Row

    An infrastructure company and related entities providing housing for military families told a North Carolina federal court that three of its primary commercial general liability insurers must cover their defense bill from a class action accusing them of providing "unfit and uninhabitable" housing at Fort Bragg.

  • November 21, 2024

    Concerns Remain Over Pricing In Final Calif. Insurance Rule

    Insurers in California will be able to price policies using catastrophe models meant to predict future climate risks, but they must adhere to one of several options for increasing coverage availability, under a final rule that has left lingering concerns. Here, Law360 provides a background and overview of the regulation on catastrophe modeling and ratemaking.

  • November 21, 2024

    NYC Watchdog Calls Stadiums Bad Bet In Willets Point Report

    New York City's Independent Budget Office said Thursday that stadiums have proved a poor use of tax dollars in the first tally of expenses since Mayor Eric Adams announced a project to bring a soccer stadium, hotel and affordable housing to the city's Willets Point district in Queens.

  • November 21, 2024

    Progress Hit With Fair Housing Suit, Class Action Sought

    Progress Residential LLC has violated the Fair Housing Act of 1968 with a discriminatory application denial policy that disproportionally affects Black renters, according to a complaint filed Wednesday in Indiana federal court that seeks a class action.

  • November 21, 2024

    Justices Urged To Uphold Alaska Beachfront Boundary Ruling

    Alaska and an Alaskan property owner told the U.S. Supreme Court to uphold an Alaska Supreme Court ruling that determined that the boundary between two beachfront properties owned by feuding neighbors is set by where a shoreline ended up in 1938.

  • November 21, 2024

    EB-5 Experts Eyeing 4 Suits For Needed Clarity

    A 2022 law that revived and revamped the EB-5 immigrant investor visa program has left stakeholders with unanswered questions, and immigration attorneys said at a webinar Wednesday that they're eyeing four current cases for potential answers.

  • November 21, 2024

    Data Co. Gets Remand Of Suits Over Judicial Privacy

    A federal judge sent 39 lawsuits alleging violations of a New Jersey judicial privacy law back to state courts, finding the district lacks subject matter jurisdiction.

  • November 21, 2024

    Suit Against Mortgage Co. Axed Despite Atty's Bad Faith Claim

    A Texas state court judge has dismissed for good an attorney's lawsuit against the mortgage company she formerly worked for in-house, despite a dispute over whether the matter should have ended with or without prejudice.

  • November 21, 2024

    La. Parishes Can't Change Property Values After Court Rulings

    Louisiana parish assessors lack the authority to unilaterally change a property's assessment if they become aware of an error in the assessment after a local board or the state Tax Commission sets the property's value, the state attorney general's office said.

  • November 21, 2024

    PierFerd Adds Fla. Transactions Partner From Taylor English

    Pierson Ferdinand LLP just got a bit larger with the addition of a partner in Miami from Taylor English Duma LLP, bringing expertise in real estate, banking and financial services that is expected to bolster the firm's ongoing growth.

  • November 20, 2024

    2nd Circ. Doubts Error In Tenant Screener's FHA Suit Win

    A Second Circuit panel appeared skeptical Wednesday that a Connecticut federal judge used the wrong analysis to find that a tenant screener's criminal history reporting practices do not violate the Fair Housing Act, grilling counsel for the federal government about the lower court's process.

Expert Analysis

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

  • How Calif. Video Recording Ruling May Affect Insured Exams

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    A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.

  • Unpacking FinCEN's Proposed Real Estate Transaction Rule

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    Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.

  • Contractors Need Protection From NJ Homeowner Protections

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    A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • NY Shouldn't Pair 421-a Restoration And Good Cause Eviction

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    The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • DC's Housing Tax Break Proposal: What's In It, What's Missing

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    Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

  • What Shareholder Approval Rule Changes Mean For Cos.

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    The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.