Residential
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November 25, 2024
NY State Court Strikes Rent Stabilization In Poughkeepsie
A New York state court judge vacated the city of Poughkeepsie's recent adoption of rent stabilization, finding that an underlying housing vacancy survey too broadly interpreted a state law that raised the stakes for landlords that failed to cooperate with such surveys.
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November 25, 2024
Feds Want Ex-FBI Agent's Bribery Appeal Tossed
Federal prosecutors have told the D.C. Circuit to reject an ex-Federal Bureau of Investigation agent's appeal of his bribery convictions in a property buying scheme, arguing there was "sufficient evidence" against him.
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November 25, 2024
US Bank Loses Bid To Block Fla. Case Over Condo Ponzi Debt
A federal judge denied a motion from U.S. Bank in abstaining from a Florida condo association's state court moves to free itself from a bond debt tied to a development district that was established nearly two decades ago by the architects of a Ponzi scheme.
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November 25, 2024
NJ Judge Allows Nonprofit To Join Affordable Housing Fight
A New Jersey nonprofit is aligned with the state's government in a challenge to a new affordable housing obligation framework it adopted, but that alignment of goals does not mean the nonprofit should not also be allowed to intervene on the case, a Garden State judge said in an order.
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November 25, 2024
Tenant's Death Excluded From Coverage, Kansas Judge Says
A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.
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November 25, 2024
Mortgage Co. Unfairly Inflated Borrowers' Balances, Suit Says
Shellpoint Mortgage Servicing was hit Friday with a proposed class action alleging the company and its predecessor in interest, Specialized Loan Servicing LLC, inflated borrowers' balances on long-dormant second mortgages through "unfair, deceptive and unconscionable means."
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November 25, 2024
4th Circ. Stands By HELOC 'Offset' Ruling Against PNC
The full Fourth Circuit has declined to reconsider a panel decision that extended protections under the Truth In Lending Act by barring banks from dipping into a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent.
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November 25, 2024
NYC Real Estate Week In Review
Goldgrub Law and Mandelbaum Barrett are among the law firms that steered the largest New York City real estate deals to hit public records last week, a period that saw several large residential transactions across Manhattan and Queens.
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November 25, 2024
Law Firm Leasing Surpasses Pre-COVID Rate So Far In 2024
The rate at which U.S. law firms are signing major office leases — those at or above 20,000 square feet — has surpassed pre-pandemic levels, according to new data released by Savills on Monday, showing that while activity is up, firms are divided on whether to expand, downsize or maintain their square footage.
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November 25, 2024
DOJ Says Realtor Commissions Deal Is No Antitrust Shield
The U.S. Department of Justice warned the National Association of Realtors that changes to broker commission rules agreed to in a settlement with home sellers do not shield the industry from government antitrust scrutiny.
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Land-Use Attys Praise NYC's Modified Zoning Plan
Land-use attorneys say a revised version of Mayor Eric Adams' City of Yes plan — New York City's most comprehensive zoning overhaul in over 60 years, if approved — will speed up affordable housing production, yet they stressed a continued need for more infrastructure investment and funding.
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November 25, 2024
Justices Won't Hear Takings Clause Claim For Wrecked House
The U.S. Supreme Court on Monday denied a woman's petition seeking to review a Fifth Circuit decision that held McKinney, Texas, did not need to compensate her for destroying her home while resolving a hostage situation with an armed fugitive.
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November 25, 2024
Housing Project Will Pollute Public Water, Conn. City Says
The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.
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November 25, 2024
Condo Boards Likely Safe From Corporate Transparency Law
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.
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November 25, 2024
Fla. Judge Won't Toss Banker's Suit Over $1.7M Stolen Funds
A Florida judge said Monday he would not dismiss a lawsuit by a Miami banker who is the son of Ecuador's former comptroller accusing his company's ex-CFO of embezzling $1.7 million to invest in a condominium unit, but the judge ordered the banker to provide a more specific breakdown of the allegedly misused funds.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Proposed Mortgage Assistance Rule: Tips For Servicers
The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.
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Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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In The CFPB Playbook: No Lazy, Hazy Days Of Summer
The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Avoid Getting Burned By Agencies' Solar Financing Spotlight
Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.