Tuesday, April 1, 2025

Regulation

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....

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...
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:...
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...

Post fires, California policymakers commit to dysfunctional insurance regulations

Things are going from bad to worse in California’s property insurance market, raising the specter of a public bailout of the state’s insurer of last resort and more private insurance companies fleeing the state. On...

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...

Our cities are zoned out

Urban zoning is an issue on which the left and the right often find common ground: they don’t like it. The left often because they want the freedom to build multifamily and affordable housing...
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,...

Sign of the times: Squatters insurance

Landlord insurance typically doesn’t cover costs accrued in a squatter situation. Property insurance, which offers short-term rental insurance, created a unique type of coverage coming out of the COVID pandemic, that is specifically designated...

Lawsuits coming as courts question federal agencies

You might have seen the headlines: “Supreme Court Just Defeated Big Government" (Fox News), “Guts Agency Power” (Axios), “Imperils an Array of Federal Rules” (New York Times). In August 2024, the U.S. Supreme Court overturned a...
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...
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