Housing Developers

News & Analysis as of

HUD Issues Year-End Closing Deadlines for Mixed-Finance Deals

The U.S. Department of Housing and Urban Development (HUD) recently issued a memo outlining its processing schedule for mixed-finance projects targeted to close by the end of 2016. According to HUD’s Office of Public Housing...more

Developers Who Elect Not to Pay Comprehensive Permit Fees in Full Proceed at Their Peril

The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts...more

Proposed Workforce Housing Ordinance Could Significantly Impact Residential Development in Miami-Dade County

County Commissioner Barbara Jordan has proposed a workforce housing ordinance (Ordinance) which would require developers to provide workforce housing in association with residential development projects within Miami-Dade...more

Real Estate and Land Use - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s...

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced...more

California Environmental Law & Policy Update - August 2016 #2

Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

New Jersey Supreme Court Holds CGL Policies Cover Developer/General Contractor for Damage Caused by Subcontractor’s Faulty...

The New Jersey Supreme Court recently considered whether damage caused by a subcontractor’s faulty workmanship constitutes property damage caused by an occurrence under a developer/general contractor’s commercial general...more

Court decides to ‘wait and see’ in its refusal to grant an administration order

Rowntree Ventures Ltd v Oak Property Partners Ltd [2016] EWHC 1523 (Ch) - The High Court recently re-affirmed the discretionary nature of its right to grant an administration order. In this case, the court refused to...more

What Does Mayor Barry’s New Affordable Housing Initiative Mean For You?

Nashville Mayor Megan Barry recently proposed a new incentive program for developers to offer affordable and workforce housing within existing and new construction.  The proposal may provide significant economic benefits to...more

City of Pittsburgh adopts Riverfront IPOD

On June 6, 2016, City of Pittsburgh Mayor William Peduto signed legislation enacted by City Council amending the City of Pittsburgh Zoning Code by establishing a Riverfront Interim Planning Overlay District (“IPOD”). The...more

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

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