Finance & Banking Residential Real Estate Zoning, Planning & Land Use

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Real Estate: Foundation - April 2015

In this issue: - How NMTCs Benefit Real Estate Community Development Initiatives - Noteworthy Real Estate Deals - What’s Your Priority? An Open-Ended Examination of Pennsylvania’s Mechanics’ Lien...more

Reinstatement of a LIHTC LURA following foreclosure

Note: This post is the final part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects....more

El Paso RAD transaction converting 1,590 units at 13 sites closes

On April 9, 2015, the Housing Authority of the City of El Paso (HACEP) and its development, private equity and lending partners closed Phase I of the largest Rental Assistance Demonstration (RAD) project in the country. Hunt...more

A Purchaser Who Doesn’t Inquire May Be Teeing Up For Failure

Picture this: While on the hunt for new development opportunities, you stumble across a golf course in the middle of a high-end community, and you think this would be the perfect spot for more houses, or a retail center, or...more

N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

Condominium unit ILSA sales exemption now effective

Effective March 25, 2015, the sale of condominium units are no longer subject to the registration requirements of the Interstate Land Sales Full Disclosure Act (ILSA) under a new exemption. This new exemption applies only to...more

Why Miami Offers Attractive Opportunities to Chinese Investors

More so than ever, wealthy Chinese investors are actively seeking returns abroad when it comes to real estate investments. China’s 2014 GDP growth of 7.4% was the slowest since 1990 and China’s growth outlook is gloomy due to...more

Proposed Changes to Australia's Foreign Investment Framework

In response to the findings of a recent report on Foreign Investment in Residential Real Estate (Report) by the House of Representatives Standing Committee on Economics (Committee), the Commonwealth Government of Australia is...more

Unlimited Thoughts About the "Limited Dividend" Requirement in Massachusetts - Definitive Interpretive Guidance Is Needed from the...

Ever since the Massachusetts Supreme Judicial Court's 2002 decision in Board of Appeals of Wellesley vs. Ardemore, the "limited dividend" requirement of the Comprehensive Permit Law (also known as Chapter 40B or the...more

Mortgage Foreclosure Ordinances Preempted by Existing State Law

The Massachusetts Supreme Judicial Court (the “SJC”) recently decided that two mortgage foreclosure ordinances adopted by the City of Springfield were preempted by existing state law. In Easthampton Savings Bank v. City of...more

Residential Development in California: New Density Bonus Law Makes New Affordable Housing Difficult to Build

Governor Brown signed into law on September 27, 2014, AB2222, which amends the State's Density Bonus Law ("DBL"), Gov't Code §§ 65915, et seq. to establish significant constraints upon the use of the incentives provided by...more

HUD awards Choice Neighborhood Planning Grants in six cities

On Friday, January 16, 2015, HUD announced the Choice Neighborhood Planning Grant awards. HUD is awarding $3.2 million in Choice Neighborhood Planning Grants to the following recipients...more

Real Estate Joint Venture Tips

A recent New York Times article described the increased presence of New York developers in the South Florida condominium market. The fact is that Miami real estate market has always been a seductive one for out of state...more

New Laws of 2015: New Tax Infrastructure Financing Tools

The final article in the New Laws of 2015 series focuses on new legislation that makes it easier for municipalities and special districts to harness tax increment — the future incremental growth in property tax revenues — for...more

Real Estate Index Possibly Obscuring Full Picture

Although recent index readings and reports proclaim that South Florida’s housing market is among the hottest in the nation, developers and investors might want to take a closer look at current inventory levels and comparisons...more

Chicago City Council introduces draft affordable housing ordinance amendment

Chicago’s City Council has introduced a proposed amendment to the existing affordable housing ordinance (the 2015 ARO) which, if passed, will change, and in most cases increase, affordable housing requirements applicable to...more

Increased costs and potential decrease in private investment: Ballard Spahr’s thoughts on the public housing...

Since HUD issued its proposed rule for the demolition and disposition of public housing in October of this year, Ballard Spahr has thoroughly examined the regulation and has now provided to HUD comments on the potentially...more

Reminder: comments on public housing demolition/disposition proposed rule due on December 15th

On October 16th, HUD issued a new proposed rule that would make significant changes to the approval process for the demolition and disposition of public housing properties. In addition to codifying a number of existing,...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 14 & 21, 2014

REAL PROPERTY UPDATE - - Harris Act/Inverse Condemnation: dismissal was (1) improper as to landowners’ Harris Act claim because amendments to County’s land use plan were applied specifically to landowners’ property by...more

New Markets Tax Credits for Real Estate Development

The new markets tax credit (‘‘NMTC’’) was added to the Internal Revenue Code as §45D2 by the Community Renewal Tax Relief Act of 2000.3 Initially the program was to provide allocations of the tax credit through 2007, but has...more

Summary of HUD’s LEAN 232 Program E-Mail Blast: Office of Residential Care Facilities (ORCF), October 2014

In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this...more

Walsh Administration Releases Eagerly-Awaited Housing Plan

The Walsh administration has released its eagerly-awaited housing plan, “Housing a Changing City: Boston 2030,” targeting the creation of 53,000 new housing units by Boston’s 400th year anniversary in the year 2030....more

HUD Proposes Rule To Overhaul Demolition/Disposition of Public Housing

HUD recently issued a proposed rule to revise requirements applicable to demolition and disposition of public housing by public housing authorities (PHAs) and modify the rules for converting public housing to Section 8...more

FHA Multifamily Rental Project Closing Document Revisions

The U.S. Department of Housing and Urban Development (HUD) has released revised closing documents that must be used for all transactions with a commitment issued after August 10, 2014. HUD has instituted a grace period in...more

HUD announces competition for new Promise Zones

Today, HUD announced the process and criteria for selecting 6 urban communities and at least 1 rural and 1 tribal community to participate in the Promise Zone initiative. The 6 urban communities will be designated by HUD, and...more

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