Thursday, November 21, 2024

federal law

“Sitting empty:” Vast expanse of federal land eyed for new housing

The White House and the Republican National Committee agree on one thing at least: The sale of surplus federal land could help alleviate a crushing shortage of affordable housing. Proposals to sell federal land to...
If this debate eventually does come to a boil, the Supreme Court may need to further clarify its position on Skidmore jurisprudence. But for now, appellate litigators would be wise to steer clear of deference-based argumentation.

New game post-Chevron

For decades, the judicial doctrine called “Chevron deference” dominated American administrative law. In the aftermath of Chevron’s demise in Loper Bright v. Raimondo, however, a new legal debate is brewing over an 80-year-old judicial precedent:...
A 2024 decision by the New Jersey Supreme Court in Players Place II Condominium Association, Inc. v. K.P. applied federal and state law and provides important guidance for an HOA to avoid a housing discrimination claim.

How to assess a resident’s request for an emotional support animal

Multifamily housing providers are faced with increasing requests from residents with disabilities for emotional support animals (ESA). Requests for ESAs are generating more enforcement actions. In 2020, the U.S. Department of Housing and Urban Development...

INFOGRAPHIC: Appliance payoff models explode

^58 percent increase in requested quotes to thousands of appliance repair businesses y/y (2022-2023) ^43 percent increase in appliance spend in 2023 compared to 2013—rising from $390 to $558 over the decade Why? 1987. Home appliances...
“What you don’t have, and what’s required for collusion, is a horizontal agreement among competing property operators to all use that software and to delegate their rent setting authority to a third party. “From what I’ve seen, and from what we’ve been able to discern from the industry, there’s nothing like that happening,” said David Cross, a partner at San Francisco-based Morrison & Foerster’s antitrust litigation practice.

Multifamily faces antitrust litigation

With national elections around the corner, some of the nation’s largest apartment companies are facing antitrust litigation over usage of a product that has become increasingly important to the industry since the first multifamily...
Interest rates slow apartment development

INFOGRAPHIC: Interest rates slow apartment development

Rising interest rates, tighter lending and flattening rents in parts of the country have left property companies from California to Florida waiting for financing that may not come soon. +500 days (up 45% from 2019)...

The price of disorder

I was once pitched a deal in the heart of the Amazon—Manaus, Brazil. What was I buying? Firstly, a commercial asset. But I couldn’t shake my concern around governance. The sanctity of a contract...

RealPage reconfigures revenue management products after San Francisco bans rent-setting software

RealPage has reconfigured its revenue management products after San Francisco bans rent-setting software in a direct attack on the Richardson, Texas-based company. RealPage announced Thursday that it is offering its revenue management software...
The U.S. Supreme Court justices return to the bench the second week of June to issue opinions in argued cases. The court has somewhere around 28 decisions left to release before it begins its summer recess.

Major U.S. Supreme Court decisions coming down the track MAJOR UPDATE

June 28, 2024 Update: The Supreme Court in an unprecedented victory for multifamily and other businesses, has today reversed its 40-year-old decision in Chevron v. Natural Resource Defense Council. This law governed how courts...
The $10 billion fund from Starwood Capital Group has been trying to preserve its available cash and credit by limiting investor redemptions. In the first quarter, the fund was hit with $1.3 billion in withdrawal requests but satisfied less than $500 million of them, according to regulatory filings.

The incredible disappearing Starwood CRE investor

The $10 billion fund from Starwood Capital Group has been trying to preserve its available cash and credit by limiting investor redemptions. In the first quarter, the fund was hit with $1.3 billion in...
Plaintiffs argue that the Department of Energy has no legal authority to impose its own water use limits on energy-consuming home appliances.

Rules that make dishwashers, wash machines perform worse also illegal

Plaintiffs argue that the Department of Energy has no legal authority to impose its own water use limits on energy-consuming home appliances. The federal regulations that make dishwashers and washing machines worse are also illegal....
Rent control still the wrong solution to housing woes

Rent control still the wrong solution to housing woes

Restricting the price of housing kills incentives to supply places to live. Rent control is having something of a moment: In Los Angeles, tenants are invoking a law that imposes limits on apartments built on...
Why Johnny can’t build

Why Johnny can’t build

We were once a nation of builders—from the toll roads and canals of the early nineteenth century and the railroads of the second half of that busy century, to the construction of power, energy,...
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