Housing Developers

News & Analysis as of

Latest Developments in Arbitration for the Construction Law Practitioner

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

South Carolina Supreme Court Decision Impacts Enforceability of Arbitration Provisions in New Residential Construction Sales...

On July 6, 2016, the South Carolina Supreme Court filed its Opinion No. 27645, captioned Smith v. D.R. Horton, Inc., in which it affirmed the Court of Appeals' refusal to compel arbitration between new home purchasers and the...more

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

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

Update on Small Scale Developments

Following on from our posting about the removal of the exemption of small scale developments from affordable housing contributions, please note that the Court of Appeal reversed the High Court’s decision. The Court of Appeal...more

Massachusetts Appeals Court Imposes Higher Hurdle For Master Plan to Defeat 40B Project

In another setback to opponents of Chapter 40B affordable housing projects, the Massachusetts Appeals Court upheld the Housing Appeals Committee’s (HAC) creation of a seemingly more rigorous four-part test that appears to...more

Waivers of implied warranty strengthened for condo, home builders in Illinois

In two recent builder-friendly decisions, the First District and Supreme Court of Illinois have ruled that the standard conspicuous waiver of the implied warranty of habitability found in most builders’ sales agreements: 1)...more

Federal Government Order to Protect Frog Habitat Stops Land Development in Suburban Montréal

On June 17, 2016, the federal cabinet approved an emergency order (Order) for protection of the habitat of the Western Chorus Frog (Great Lakes/St. Lawrence-Canadian Shield population) in La Prairie, Quebec. This is the...more

Grand Jury finds Oakland City Council Member Broke Ethics Rules in Interfering With a Housing Development Next Door to Her Home

In a final report issued June 21, 2016, the Alameda County Grand Jury found that an Oakland City Council member used her position and office to advocate for private gain, and not the good of the City, in interfering with the...more

Denver Proposing New Development Fee to Pay for Affordable Housing

Despite some concerns that the real estate market is slowing down, the city's data indicates that the real estate and job market in Denver continue to expand, creating an acknowledged gap between wages and housing costs....more

Alberta court of appeal dismisses worker’s appeal In his 20+ year old case against a developer

The Alberta Court of Appeal has recently confirmed that an owner/developer of a condominium conversion project was not liable for damages in a civil action commenced by a worker....more

West Coast Real Estate Update: June 2016 #1

California Governor Proposes "Build By Right" Approval Process for Affordable Housing - Recognizing the extreme need throughout California for construction of new affordable housing units, on May 13, 2016, Gov. Jerry...more

California Environmental Law & Policy Update - May 2016 #4

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

Sustainable Development Update - May 2016 #3

Sustainable Development Focus - Energy efficiency is a must for California buildings moving forward - Los Angeles Daily News - May 14 - Energy efficient homes like those at Skylar at Playa Vista in Los...more

Small Developments Affordable Housing News

Welcome news for developers of small sites. Following the government’s successful appeal last week against the decision in the West Berkshire Council and Reading Borough Council case nearly a year ago, the National...more

Sustainable Development Update - April 2016 #3

Sustainable Development Focus - How cities are taking the lead on green building - Wall Street Journal - Apr 28 - Cities in the U.S. are leading the way on climate and energy policies—especially policies...more

Land Use Matters: Alston & Bird LLP, April 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine State Legislature Considers Supplemental Budget - The Maine State Legislature held late...more

Integra Realty Resources Offers Analysis of the Senior Housing Market

Integra Realty Resources (IRR) recently published its 2016 Commercial Real Estate Trends Report, and as always it contained a number of items of interest with respect to the Senior Housing industry. The report recognized the...more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team

PFOA Contamination Likely to Spur Legislative Action - The discovery of Perfluorooctanoic Acid contamination in southern Vermont drinking water has prompted legislators to examine whether more action is necessary to...more

Legal Issues Associated With Selling & Purchasing Failed Residential Subdivisions In Florida

There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the...more

Scottish Government announces plans for Rental Income Guarantee scheme for the PRS

In a welcome move for the property industry, a "market engagement" paper has been published setting out proposals for a Rental Income Guarantee scheme (RIGS) which, if implemented, will see the Scottish Government sharing a...more

Starter Homes: what we know

In the Autumn Statement and Spending Review 2015, the government reaffirmed the commitment to Starter Homes launched in December 2014 with a plan to build 200,000 homes over the next five years. The announcement, together...more

Mayor Walsh Updates Boston's Affordable Housing Policy

We previously advised that the Walsh administration’s housing plan included an initiative to change Boston’s Inclusionary Development Policy (IDP). In December of 2015, after nearly a year of study and outreach, Mayor Walsh...more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

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