Monday, April 7, 2025

federal law

RE shake up

The National Association of Realtors’ landmark settlement is changing the way homes are bought and sold. Now, another industry dispute threatens to shake up how homes are listed for sale. A rule implemented in 2020...

7 Strategies for retaining multi-gen employees

It’s deceptively simple, but practices emphasizing flexibility, respect, adaptability, and communication are the key to success. As most leaders know (though I’ve met my share who don’t agree), a one-size-fits-all strategy simply doesn’t work with...

Paying the fox to watch the chickens: The war on private housing

Despite the rise in homelessness, the federal government continues to raise the barrier to creating shelter for those without permanent housing. Infusing bad actors with HUD money is another layer. In September the Biden admin....

Multifamily industry excluded in FTC’s final rule on junk fees

The multifamily industry was excluded in the Federal Trade Commission's (FTC) final "junk fees" rule that targets bait-and-switch pricing tactics that result in unfair competition. The FTC published its final rule on...
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...

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...

Multifamily scores ballot winners and losers

The USA is preparing to swear in President-elect Donald J. Trump as its 47th president, or what some housing experts call the return of the nation’s builder-in-chief. Housing was a major focus...
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:...

FTC files suit against SFR firm

The Federal Trade Commission is pursuing legal action against Invitation Homes, the largest landlord of single-family homes in the U.S. The complaint filed by the FTC claims the company has taken several illegal actions,...
“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...
Corporate retreat

Why corporate America is retreating from social activism

In January, Axios reported a developing trend in corporate America: corporations across the United States were backing away from DEI, which had become a “minefield” for companies. Following a multi-year boom in the Diversity, Equity,...
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...
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...

DOJ sues RealPage for housing inflation government caused

President Biden, Vice-President Harris and their Department of Justice have come out strongly against RealPage for their algorithm designed to help landlords better understand current market conditions in setting their rents. They claim it enables...

“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...
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