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Florida Senate Bill Tries to Counter MV Realty’s 40-year Liens by Regulating “Residential Loan Alternative Agreements”

In a move to protect homeowners from deceptive practices, the Florida Senate has passed CS/CS/SB 770, a bill that regulates residential loan alternative agreements for the sale of residential real property. The bill, which...more

Florida Senate Bill No. 540 Brings Changes to Comprehensive Plan Challenges and Cost Recovery for Developers

On May 24, 2023, Governor DeSantis approved Florida Senate Bill No. 540. The bill, which will go into effect on July 1, 2023, provides that the prevailing party in a challenge to a comprehensive plan amendment is entitled to...more

Despite Court Ruling, Orange County Voters Approve Rent Control

Tuesday, despite the Court’s order to remove the Rent Control Language from the ballot, the residents voted to approve Orange County’s rent control ordinance. The ordinance was placed on the ballot before the Fifth District...more

Appeals Court Rules Against Orange County’s Proposed Rent Control Ordinance

On October 27, 2022, the Fifth District Court of Appeals decided 2-1 that the proposed rent control ordinance should be enjoined from placement on the November ballot. The effect of the opinion is that as of yesterday,...more

Governor DeSantis Signs Law Limiting Increases to Impact Fees

Late last week, Governor DeSantis signed into law a bill that limits the extent to which local governments may increase impact fees imposed on builders and developers. Impact fees help pay for infrastructure needed to support...more

Biden Set to Extend Federal Moratorium on Evictions Through March 31

President Joe Biden has asked the Centers for Disease Control and Prevention (CDC) to extend a federal moratorium on residential evictions for the nonpayment of rent until at least March 31. The federal moratorium, initially...more

HUD’s Revised Rule Makes “Disparate Impact” Claims Under the Fair Housing Act More Difficult

Late last week, the U.S. Department of Housing and Urban Development issued its final order relating to claims of “disparate impact” under the Fair Housing Act. Under the theory of disparate impact, the Fair Housing Act can...more

Managing Privacy Issues and COVID-19 at Independent Living Facilities and Age-Restricted Housing Communities

As COVID-19 cases continue to spike, people are afraid, especially seniors who are more susceptible to the disease. Understandably, when an infection occurs, residents of independent living facilities and age-restricted...more

Governor DeSantis Signs Bill Defining Emotional Support Animals and Criminalizing Their Falsification

On the heels of the U.S. Department of Housing and Urban Development (HUD) issuing new guidance as to what it considers to be the best practices for housing providers when they are presented with requests for “emotional...more

Emotional Support Animals: Do They Have To Live Here?

Recognizing the drastic increase in the number of requests being made to housing providers for “emotional support animals” by residents who do not appear to be disabled, at the end of January, the U.S. Department of Housing...more

Do Your Housing Policies Expose You to Liability?

The Fair Housing Act prohibits discrimination in housing rental or conditions based upon protected classes, such as race, sex, religion, and, importantly, familial status. In assessing whether a housing provider...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

A Boost for Affordable Housing Developers

In the last month, both the Supreme Court and the Federal Government have taken affirmative steps to combat housing discrimination, which may remove certain obstacles affordable housing developers have previously faced with...more

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