News & Analysis as of

Tax Zoning, Planning & Land Use Residential Real Estate

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

New 421-a Legislation

The recently adopted state budget bill included the long-awaited revisions to the 421-a program. These amendments to the Real Property Law, dubbed the “Affordable New York Housing Program,” provide partial exemptions from...more

Can Post-Acquisition Land Use Restrictions Change Ordinary Income to Capital Gain?

by Miles & Stockbridge P.C. on

In Boree v. Commissioner, 118 AFTR 2d 2016-5742 (11th Cir., Sep. 12, 2016), the Eleventh Circuit held that the county’s adoption of subdivision regulatory requirements after taxpayers had purchased certain real property was...more

(US) California Real Estate Rules to Watch in 2017

by Reed Smith on

In a Law360.com article published on January 2nd titled “California Real Estate Legislation and Regs to Watch in 2017,” Andrew McIntyre of Law360 addresses the challenges facing the California real estate market in the new...more

San Francisco Election Results: Which Real Estate Measures Passed?

by Coblentz Patch Duffy & Bass on

Prior to the November 8 election, we reported on the long list of local propositions on the San Francisco ballot, including a number of measures impacting real estate taxes, land use and governance. The results were of...more

The Future of Airbnb in New York

One of the most controversial and popular topics in real estate today involves Airbnb, the online home rental service, and the concept of transient rentals. In New York City, Airbnb’s largest market in the United States, this...more

A Plethora of Propositions: Real Estate Tax, Land Use and Governance on the San Francisco Ballot

Admittedly the issues may appear benign compared to the Presidential race and the drugs, sex and other provocative topics on the state ballot. But San Francisco voters again face a long list of significant local propositions...more

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

by Best Best & Krieger LLP on

Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a...more

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

by Best Best & Krieger LLP on

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Virginia Supreme Court Opinion Affecting Local Government Law: September 22, 2016

by Sands Anderson PC on

The Virginia Supreme Court issued one additional opinion in September affecting local government law, on September 22, 2016. This opinion addressed the priority to be given a local government special assessment lien over a...more

Illinois House Revenue Committee Holds Hearing on Vacancy Fraud Act

by Franczek Radelet P.C. on

While overall there is little activity in the General Assembly, the House Revenue Committee is meeting today for a hearing on an interesting piece of property tax legislation. The hearing is on HB4363, which would create the...more

Final Regulations Clarify the Definition of “Real Property” Under the REIT Rules

by Morrison & Foerster LLP on

On August 31, 2016, the Treasury Department published final regulations (the “Final Regulations”) clarifying the definition of “real property” under the real estate investment trust (“REIT”) rules. The Final Regulations...more

New 2016 Laws Impacting Commercial Real Estate in Virginia

by Sands Anderson PC on

Another session of Virginia’s General Assembly has now come and gone, adding one more chapter to the nearly four hundred year history of the country’s oldest law-making body. Over three thousand bills were proposed in the...more

UPDATE: New Fee for Affordable Housing Goes to Denver City Council Sept. 19

A bill proposing a new development impact fee for a permanent affordable housing fund moved on to the Denver City Council Wednesday.Bill No. 625, proposed by Mayor Michael Hancock and Councilmembers Robin Kniech and Albus...more

(US) Give Me Some (Tax) Credit

by Reed Smith on

The Texas Historic Preservation Tax Credit (THPTC) is a little known incentive program established through Texas House Bill 500 during the 83rd Texas Legislative Session. With the goal of making historic preservation projects...more

Property Tax and Valuation Topics: Summer 2016

by Pullman & Comley, LLC on

Interim “Watch Tower” Revaluation After High Sale Upheld - The last citywide revaluation conducted by Milford was as of October 1, 2011. On that date, the residential property at 19 Beach Avenue was valued by the...more

The Economic Development Toolbox: Downtown Redevelopment Districts Provide Additional Economic Development Tools for Ohio...

by Benesch on

On May 6, 2016, Governor Kasich signed Am. Sub. House Bill 233 (“H.B. 233”) authorizing Ohio municipalities to create Downtown Redevelopment Districts (“DRDs”) to encourage the rehabilitation of historic buildings and...more

The Tide Rises Waterfront Development in Pennsylvania

by Reed Smith on

Pennsylvania organizations hoping to increase development of public amenities and parks along Pennsylvania’s waterfronts may soon benefit from the new “Waterfront Development Tax Credit” enacted as part of Act 84, and signed...more

Proposed Rule Changes to Florida’s Affordable Housing Allocation and Funding Process

by Carlton Fields on

The Florida Housing Finance Corporation (“Florida Housing”) has proposed changes to its rules governing the affordable housing allocation and funding process. The changes are to Rule Chapters 67-21, 67-48, and 67-60, F.A.C....more

Real Estate News in Metro DC

by Ballard Spahr LLP on

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C....more

West Coast Real Estate Update: May 2016 #1

by Holland & Knight LLP on

IRS Reevaluates "Bad Boy" Carve-Outs - Before providing a non-recourse loan to a Limited Liability Company (LLC) – i.e., one for which the LLC members do not bear the risk of economic loss – a lender often will require...more

Real Estate and Land Use - March 2016

A Rare Win for Former Redevelopment Agencies—State Collection Procedures Ruled Unconstitutional - City of Bellflower v. Michael Cohen, Director of the Department of Finance (245 Cal. App. 4th 438) - Why It Matters:...more

Assisting with Adaptive Reuse

by Murtha Cullina on

Over the past 40 years, Boston-based WinnDevelopment has turned to a trusted partner in its legal counsel, Murtha Cullina LLP. In the last decade alone, the partnership has resulted in nearly 30 successful adaptive reuse...more

DEC Issues Revised Regulations to Enable More Properties to Qualify for BCP Tax Credits

On Wednesday, March 9, the New York State Department of Environmental Conservation (DEC) proposed to amend New York State's Brownfields law's implementing regulations to enable more properties to qualify for BCP tangible...more

Conservation Easements FTW! Or, Eagles 1; IRS 0

by Balch & Bingham LLP on

What’s a real estate developer to do when its pristine development site, with beautiful ocean views and room for between 164 and 410 upscale residential units that *NEED NOT BE BUILT, is clogged with wildlife, including bald...more

Gavel to Gavel: State tax credits needed

by McAfee & Taft on

Drive through any downtown in Oklahoma, and you’re bound to see one. A remnant from the community’s history, now boarded up or perhaps just not being used to its full potential. The bones are still there. You can see them,...more

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