Rental Property

News & Analysis as of

Tenth Circuit Reduces Punitive Award By More Than Ninety Percent In Carbon Monoxide Case

Lately, we have had many occasions to criticize courts’ analysis of punitive damages issues, so it is nice for a change to be able to report on the Tenth Circuit’s insightful decision in Lompe v. Sunridge Partners. Readers...more

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out...more

HUD Issues Guidance Regarding the Application of Fair Housing Act Standards to the Use of Criminal Records

On April 4, HUD issued guidance deploying a disparate impact analysis with respect to the Fair Housing Act’s application to the use of criminal history by those who come under the Fair Housing Act, and in particular by...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36040, AC36270 - Barton v. Norwalk - Congratulations to Elliott B. Pollack and Tiffany K. Spinella on their big win before the Appellate Court. This decision upheld a...more

HUD Releases Guidance on Criminal Background Checks by Housing Providers

The U.S. Department of Housing and Urban Development (HUD) on April 4, 2016, issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations....more

Upward development – the extra layer

Whilst recent proposals to simplify the planning process for upward development in London will no doubt be welcomed, this article outlines some of the other issues for property developers and investors to consider when...more

HUD Releases Guidance on Fair Housing and Criminal Screening in Private Housing

The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more

HUD Determines That Blanket Bans of Ex-Offenders is Illegal Under the Fair Housing Act

On April 4, 2016, the U.S. Department of Housing and Urban Development (“HUD”) issued guidance on its interpretation of how the Fair Housing Act applies to housing providers’ policies that ban residents with criminal records....more

HUD publishes new Fair Housing guidance on criminal background checks

On Monday, HUD published new guidance for landlords conducting criminal background checks as a condition of renting housing. This guidance is applicable to all providers or operators of housing and real estate related...more

Bill to Tax Vacation Home Rentals Is Alive but Not Quite Kicking

Attention, Massachusetts vacation home owners who earn money renting your properties! An Act Providing for Local Aid Enhancement is showing signs of kinetic energy....more

HUD issues PHA Tool for Fair Housing Assessment; Comments due May 23rd

On March 23, 2016, HUD published a notice in the Federal Register to announce the issuance of an Affirmatively Furthering Fair Housing Assessment Tool for Public Housing Authorities (the “PHA Assessment Tool”). Under the...more

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code

The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform...more

Ballard Spahr provides comments on HUD’s Advance Notice of Proposed Rulemaking on Over-Income Families in Public Housing

On March 4, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) Advance Notice of Proposed Rulemaking (ANPR) regarding over-income families in public housing. The comments...more

Comments due March 4th on HUD’s Proposed Rulemaking on Over-Income Public Housing Tenants

On February 3, 2016, HUD published a notice in the Federal Register to announce that “it is considering rulemaking to ensure that individuals and families residing in HUD public housing in fact continue to need housing...more

N.Y. Appeals Court Ruling on Short-Term Rental Lodging May Have Implications for Airbnb and Other “Sharing Economy” Companies

The New York Appellate Division’s recent decision that blocked a municipality’s attempt to regulate a homeowner’s renting out of his individual residence as short-term lodging demonstrates challenges that may face...more

UK Supreme Court Upholds Court of Appeal Decision in M&S v BNP Paribas Rent Claim

The UK Supreme Court has now handed down its greatly anticipated judgment in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited. The Court confirmed that where a break clause...more

Are CCAA Proceedings a Panacea for Assignment or Novation Without Consent?

A purported assignment of a contract without consent and an alleged novation were ineffective, the BC Court of Appeal recently held in Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership, 2015 BCCA 421 [Barafield]...more

When an Exception to the “Mold Exclusion” Exposes Carriers to More Than Just Fungi or Bacteria

The recent New York City outbreak of Legionnaires’ disease (named for a 1976 outbreak of a type of pneumonia at an American Legion convention) has raised awareness of the illness. It has also renewed the courts’ interest in...more

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

Judicial Foreclosure: Things That Can Go Sideways During The Redemption Period

Judicial foreclosure is uncommon in California. In most cases, lenders will pursue nonjudicial foreclosure (aka “trustee’s sales”), which are simple, quick, and efficient. But when a lender is dead-set on recovering a...more

Notice Requirements for Protection of Tenants in Foreclosure Actions Session Law 2015-178

The Federal “Protecting Tenants in Foreclosure Act of 2009” expired on December 31, 2014. The North Carolina General Assembly has adopted Session Law 2015-178 which reinstates many of the same protections for tenants as...more

My Tenants are in Default, and I Want Them Out! Now What? A Brief Overview of the Eviction Process

There almost always comes a time when a landlord has had all it can take from a problem tenant and decides it’s time to pull the trigger to start the eviction process. Most often, the tenant has built up a hefty balance in...more

Fannie Mae Announces New Mortgage Product for Low- and Moderate-Income Borrowers

On August 25, Fannie Mae announced that it will begin offering HomeReady, a mortgage loan product featuring new flexibilities for lower to moderate income borrowers. For the first time, income from a non-borrower household...more

Online Vacation and Short term Rental Sites: Are Taxing Days Ahead?

In recent years, online vacation and short term rental sites have made great inroads into the hospitality industry. Given their infancy and business model, however, they have gone largely unregulated, particularly when it...more

Tax and Estate Planning Newsletter - Summer 2015

Dear Clients and Colleagues: This summer’s weather is a mix of hot and cold temperatures, and the rain we need so desperately is coming now in sprinkles along with thunder and lightning. Along with changes in the...more

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