Residential
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June 21, 2024
Property Plays: The Mark Hotel, Oak Row, Bain Capital
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.
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June 21, 2024
Vt. Lawmakers Override Veto Of Short-Term Rental Surcharge
Vermont legislators overrode the governor's veto of legislation that imposes a 3% surcharge on short-term rentals.
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June 21, 2024
DOJ Backs Antitrust Case Against Zillow, Realtors At 9th Circ.
The U.S. Department of Justice has urged the Ninth Circuit to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors based on design changes Zillow made to comply with association rules.
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June 21, 2024
King & Spalding Guides $320M Brooklyn Construction Loan
King & Spalding advised a $321 million construction loan from Texas-based Bank OZK for a three-tower residential complex developer Naftali Group is building at a site on the East River in South Williamsburg, Brooklyn.
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June 21, 2024
Recovery Home Co. Sues Over Denial By Town's Zoning Panel
A New Jersey township's zoning board has been accused in New Jersey federal court of discriminating against recovering drug addicts and alcoholics by refusing to allow a recovery home to continue to operate in a residential area.
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June 21, 2024
Ohio House Bill Would Tax Car Condos As Residential Parcels
Ohio would classify car condominiums as residential property for property tax purposes under a bill introduced in the state House of Representatives.
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June 21, 2024
Multifamily Strength In Q1 Contrasts Cooling CRE Valuations
The first quarter of 2024 saw a significant jump in the performance of apartment properties, a divergence from the slumping valuations broadly seen in commercial real estate during this challenging period for the industry, according to investment firm Gray Capital.
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June 21, 2024
Housing Starts, Completions, Permits See Decline In May
Housing starts, building permits and housing completions all fell in May, according to monthly figures from the U.S. Census Bureau and the U.S. Department of Housing and Urban Development.
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June 20, 2024
Wash. Justices Renew AG's Suit Over Police Eviction Claims
Washington's highest court said the state attorney general could sue a city for allegedly letting police illegally evict vulnerable residents under the guise of a crime prevention program, ruling Thursday the case involved issues of public concern such as protecting residents' civil rights and preventing police misconduct.
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June 20, 2024
NY High Court Nixes Waiver of Rent Regs Appeal Rights
New York's highest court on July 20 invalidated a deal reached in 2000 between landlord Lew Realty LLC and a former tenant that governed a Manhattan apartment's exit from rent stabilization, after finding that the agreement improperly required the resident to waive a key protection.
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June 20, 2024
Ohio Landlord Settles DOJ's Sexual Harassment Suit
A Youngstown, Ohio, landlord and a property management company settled a sexual harassment suit filed by the U.S. Department of Justice, which had claimed the landlord repeatedly sexually harassed his female tenants while working for the management company.
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June 20, 2024
JP Morgan Borrows $165M To Refinance Chelsea Tower
An entity connected to JP Morgan Investment Management Inc. borrowed $165 million from The Northwestern Mutual Life Insurance Co. in order to refinance a 39-story, 387-unit residential tower in Manhattan's Chelsea neighborhood, according to official property records.
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June 20, 2024
Housing Crisis Needs 'Silver Buckshot' Policies, Panel Says
It will take more than a silver bullet to confront a chronic undersupply of housing in the U.S. that's only made shelter less affordable since the pandemic, a panel of experts said June 20.
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June 20, 2024
Fla. Property Owner, Insurer Settle $1.2M Ian Coverage Fight
A QBE Insurance unit and a property owner settled their coverage dispute over the owner's claims it suffered roughly $1.2 million in losses due to Hurricane Ian, the parties told a Florida federal court.
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June 20, 2024
Ex-McElroy Deutsch CFO Asks To Pull 5th Amend. Assertions
McElroy Deutsch Mulvaney & Carpenter LLC's former chief financial officer, who pled guilty to embezzling over $1.5 million from the firm in May, moved Wednesday to withdraw Fifth Amendment assertions he made in the firm's civil case against him.
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June 20, 2024
Landlord Group Vows To Challenge NY Town's Rent Regs Vote
The common council of Poughkeepsie, New York, has unanimously voted to declare a housing emergency and adopt rent stabilization citywide, prompting the Hudson Valley Property Owners Association's immediate promise to file suit.
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June 20, 2024
Cadwalader Guides $450M Refi Deal For NYC Properties
Cadwalader Wickersham & Taft LLP advised a $450 million refinancing transaction for multiple apartment buildings located in New York City's Long Island City neighborhood in the borough of Queens, according to official property records.
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June 20, 2024
Tenn. Tenants Agree To End Wrongful Eviction Class Action
A proposed class of Crossville, Tennessee, tenants permanently dropped their claims accusing the city and several of its officials in Tennessee federal court of wrongfully evicting them from their apartments without notifying them or issuing court orders.
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June 19, 2024
CBRE Economist Sees 'Extend And Pretend' Through 2025
Despite a real estate environment heavy with affordability issues, high interest rates and sluggish movement, CBRE global chief economist Richard Barkham at this week's National Association of Real Estate Editors conference in Austin forecasted a relatively soft landing.
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June 18, 2024
Judge Skeptical Of Houston Developer's $2M DIP Bid In Ch. 11
The insolvent developer of an almost-finished apartment building in Houston hit a hiccup Tuesday during its first-day hearing in a Texas bankruptcy court, where a judge indicated the company did not present enough evidence to support a nearly $2 million debtor-in-possession package from an affiliate of its subordinate lender.
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June 18, 2024
With New Tax Break, NYC Developers Eye Office Conversions
Converting empty New York City office buildings into housing, in practice, is more than a little complicated, but a city-run "concierge" program for would-be developers, as well as new tax exemptions at the state level, aim to make such conversions more feasible.
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June 18, 2024
Condo's Historic Location Doesn't Bar Bombing Coverage
The insurer for a Nashville, Tennessee, condominium owners association cannot use a historic structures exclusion to dodge covering the repair costs associated with damage caused by a bombing on Christmas Day 2020, a federal court ruled Tuesday.
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June 18, 2024
CFPB Tags Reverse-Mortgage Servicers With Permanent Bans
The Consumer Financial Protection Bureau announced on Tuesday it had permanently banned Sutherland Global and NOVAD Management Consultant from reverse-mortgage servicing activities and hit Sutherland with $16.5 million in fines.
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June 18, 2024
Home Builders Sued For Non-FHA-Compliant Apartments
A group of home building and financing companies including the Toll Brothers were sued by Manhattan federal prosecutors Tuesday for allegedly violating the Fair Housing Act by building residential units that weren't accessible to people with physical disabilities.
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June 18, 2024
Split Pa. High Court Finds Rental Registry Suit Moot
The Pennsylvania Supreme Court tossed out landlords' appeal of Pittsburgh's 2015 ordinance requiring them to list their rental units in a public registry, because it had been replaced by a newer, narrower law, but two justices said they should have ruled on the case anyway to settle whether other governments could pass similar measures.
Expert Analysis
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Conn. Loan Law Tweaks May Have 3 Major Effects On Lenders
Recently proposed minor amendments to Connecticut’s consumer protection laws could nonetheless mean major and unexpected changes to state consumer financial services regulations that dictate how lenders and their customer-facing service providers handle fee payments, mortgage servicer licensing and private student loans, says Jonathan Joshua at Joshua Law Firm.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
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.
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Class Actions At The Circuit Courts: March Lessons
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.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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How FinCEN Proposal Expands RE Transaction Obligations
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.
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How Calif. Video Recording Ruling May Affect Insured Exams
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.
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Unpacking FinCEN's Proposed Real Estate Transaction Rule
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.
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Texas Insurance Ruling Could Restore Finality To Appraisal
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.
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Contractors Need Protection From NJ Homeowner Protections
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.
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NY Shouldn't Pair 421-a Restoration And Good Cause Eviction
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.