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Administrative Agency Construction Residential Real Estate

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

Breaking news in NSW planning law - Greater Sydney and Wollongong Councillors to be excluded from all development decisions, and...

by Dentons on

The Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 (NSW) (the Local Planning Panel Act) and the Environmental Planning and Assessment Amendment (Staged...more

Appeals of Rulings by The Registrar of Contractors Must Be Timely Filed in Superior Court.

by Snell & Wilmer on

Recently in Johnson v. Arizona Registrar of Contractors, the Arizona Court of Appeals affirmed dismissal of a homeowner’s late appeal of an adverse decision by the Registrar of Contractors (“Registrar”)...more

The Ontario Municipal Board may be no more

by Dentons on

The Province of Ontario announced changes to the land use planning appeals system this morning. Although the Province had publicly indicated it would not abolish the Ontario Municipal Board (O.M.B.), these changes will do...more

Homebuilder Guaranty Fund Claims, an Informal Way for Home Purchasers to File Claims Against Homebuilders

by Pessin Katz Law, P.A. on

If someone who purchases a home believes their home was improperly constructed, they may file a claim against the Homebuilder Guarantee Fund to recover any monetary losses they suffer. In order to recover from the...more

Flushing Out the Safe Harbor: “General Land Area Minimum” Offers Newton No 40B Shelter

by Beveridge & Diamond PC on

Municipalities long unable to achieve ten percent affordable housing are now turning more frequently to a different Safe Harbor to block development of low and moderate income housing – compliance with the “General Land Area...more

B.C. Court of Appeal Overturns Restrictive Public Disclosure Standards for Development Projects

by Bennett Jones LLP on

The City of Vancouver and Brenhill Developments Ltd. successfully appealed the January 27, 2014, decision of the BC Supreme Court (BCSC) in Community Association of New Yaletown v Vancouver (City), 2015 BCSC 117. The appeal...more

Ballard Spahr provides comments to HUD’s proposed rule on Section 3 regulations

by Ballard Spahr LLP on

As a follow up to our March 24, 2015 and April 1, 2015 posts, the U.S. Department of Housing and Urban Development (HUD) published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance...more

HUD publishes update to Section 3 regulation in the Federal Register

by Ballard Spahr LLP on

As an update to our blog of last week, HUD published a new notice that updates the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development Act of 1968 (Section...more

HUD Clarifies How Davis-Bacon Applies to Project-Based Voucher and RAD Programs

by Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) recently published a new notice pertaining to the applicability of Davis-Bacon labor requirements to housing considered to be “existing” housing under the...more

Proposed Main Extension Rules May Impact Developers

by Genova Burns LLC on

Developers and other interested parties still have time to submit comments on the State’s proposed regulations on utility main extensions; the deadline is January 30, 2015. The proposed regulations, published in the New...more

Miami’s Future Archipelago of Floating Houses

by Bilzin Sumberg on

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

The Registrar is Changing the Game for Complaints Against Arizona Contractors

by Snell & Wilmer on

Sweeping changes at the Registrar of Contractors have the construction and real estate industries concerned and curious. The Registrar recently received some poor performance reports by the Auditor General and State...more

District Council 50 of the Intn'l Union of Painters & Allied Trades v. Lopez

General Contractors Association of Hawaii's Amicus Curiae Brief in Support of Respondent/Defendant-Appellee

by Robert Thomas on

This case involves contractors' licensing and whether the holder of a specialty renovation license is entitled to do certain specialty renovation work as "incidental and supplemental" to that license. The Hawaii Intermediate...more

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

by Ballard Spahr LLP on

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....more

Resilient Masonry Buildings — Saving Lives, Livelihoods and the Livability of Oregon’s Historic Downtowns

by Lane Powell PC on

Originally published in the Historic Preservation League of Oregon (“HPLO”) Special Report on October 25, 2012. The Purpose of the Preservation Roundtable; Why This Matters; Executive Summary; Background & Definition of...more

Developers take advantage of low income housing development tax credits, but recent Third Circuit decision stirs controversy

by Thompson Coburn LLP on

Developers of multi-family apartment complexes geared to low- to moderate-income tenants are increasingly taking advantage of federal low-income housing tax credits (LIHTC) and, where available, their state counterparts, to...more

Freddie Mac Market Survey Has Good News for Construction: News Release of the Week

by Rosa Eckstein Schechter on

Florida's construction industry may find some good news in the latest survey results releaed by Freddie Mac this week, which appears today in our News Release of the Week (emphasis added)...more

Cautionary Tale For The New Jersey Home Improvement Contractor

by Cole Schotz on

Earlier this month, the Appellate Division, in the unpublished decision Chaykowski v. Marut, A-2901-10T2 (N.J. App. Div. September 7, 2012), upheld a substantial judgment entered by a trial court against a landscape...more

The New Code: Big Changes for Zoning in Philadelphia (part 5)

Previously, in our Five-Part Series on Philadelphia's New Zoning Code, we provided an Overview, explored changes in Community Involvement and Civic Design Review, outlined new Base Zoning Districts and Overlay Districts, and...more

Special Advisory: New Mechanics Lien Act in California

In 2010, the California Legislature enacted Senate Bill ("SB") 189 to reorganize and simplify the laws governing works of improvement. The bill completely re-writes the statutes which provide for mechanics liens, stop notices...more

Developing Affordable Housing on Brownfields – A Natural Connection by Jason Lichtstein

by Akerman LLP on

Originally published in The Florida Housing Coalition - Volume 28, No. 2. Affordable housing developers naturally understand the value of urban infill sites to their projects, given their central location and proximity...more

The New Code: Big Changes for Zoning in Philadelphia (Part 2)

Part Two: Community Involvement and Civic Design Review In Part One of this Five-Part Series, we provided an overview of Philadelphia's New Zoning Code, which will take effect – ready or not – on August 22, 2012. With...more

California’s Revised Mechanics Lien Law: Changes in Rights and Obligations of Construction Lenders

by Buchalter on

California’s mechanics lien law provides various rights and remedies to persons who provide labor, service, equipment or material to real property, including the right to record a mechanics lien on the improved work for both...more

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