News & Analysis as of

Rental Property

Goodwin

Five Steps Hotel Owners, Operators, and Management Companies Can Take to Mitigate Risk in the Face of Heightened Antitrust...

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Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more

Sheppard Mullin Richter & Hampton LLP

CFPB Targets Medical and Rental Debt Collection in 2024 Annual Report

On September 5, the CFPB issued its annual report on debt collection practices, detailing the Bureau’s efforts to enforce the Fair Debt Collection Practices Act (FDCPA). This year’s report focuses on improper practices in the...more

Hogan Lovells

The Renters Rights Bill – What’s new?

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The previous government put forward a huge agenda for leasehold reform. While they managed to pass the Leasehold and Freehold Reform Act 2024 before parliament was dissolved – which introduced a ban on new leasehold houses...more

Arnall Golden Gregory LLP

How Detailed Site Plans and Letters of Intent Can Streamline Your Lease Negotiations

As leases get more complicated and less standardized, and with properties rarely conforming from one to another, there are two documents that can hasten the successful negotiation process and achieve a document that can best...more

Blake, Cassels & Graydon LLP

Leasing Agreements in Quebec: True Lease or Financing Lease in the Context of an Insolvency?

One of the main advantages for a debtor to seek protection under the Companies’ Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA) is the stay of proceedings that prevents creditors faced with a...more

Cooley LLP

DOJ Challenges Use of Certain Pricing Algorithms

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On August 23, 2024, the Department of Justice (DOJ) sued real estate software company RealPage alleging the company’s software reduces competition between landlords, resulting in inflated rents and less favorable lease terms...more

Bilzin Sumberg

Part 2/2: Missing Middle Tax Exemption Updates for 2025

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The Florida Housing Finance Corporation is preparing to begin processing applications for the Missing Middle Tax Exemption for the 2025 tax year. Some of the deadlines for processing exemption applications have changed. This...more

Orrick, Herrington & Sutcliffe LLP

DOJ Takes Aim at AI-Powered Rent Prices

The U.S. Department of Justice (DOJ) and eight state attorneys general filed an antitrust lawsuit against real estate software company RealPage on August 23, 2024. The lawsuit alleges that RealPage’s algorithmic pricing...more

Lowndes

Navigating the Pitfalls of Exclusive Use Clauses

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In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Morrison & Foerster LLP

DOJ Rages Against the Machine: The Feds and Several States Accuse RealPage of Helping Landlords Collude and Monopolizing...

After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight...more

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Blake, Cassels & Graydon LLP

Crédit-bail au Québec : Imposteur ou véritable contrat de location en cas d’insolvabilité?

L’un des principaux avantages pour un débiteur de se placer sous la protection de la Loi sur les arrangements avec les créanciers des compagnies (« LACC ») ou de la Loi sur la faillite et l’insolvabilité (« LFI ») consiste en...more

Benesch

The DOJ's Lawsuit Against RealPage: Unpacking the Allegations and Implications for the Rental Market

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The U.S. Department of Justice (DOJ) and eight state attorneys general have filed a lawsuit against real estate software company RealPage, alleging that its algorithmic pricing system has contributed to widespread...more

Tonkon Torp LLP

Vacation Rental Owners Face Stiff Headwinds Around Oregon

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In his new Ear to the Ground blog post, the first in a three-part series, real estate attorney David Petersen discusses challenges facing the vacation rentals industry in Oregon. This first post focuses on who truly makes...more

Ballard Spahr LLP

Landlords’ Takings Clause Victory; Rent Control Updates for Montgomery County and Prince George’s County; Condo Conversion...

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As summer 2024 winds down, the implementation of new rent control laws has attracted much attention. Providing some respite from the summer’s rent control heat is a recent win for the multifamily industry coming from the...more

Ward and Smith, P.A.

Recent Case Law Does Not Doom All Rental Restriction Amendments

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The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association....more

Porter Hedges LLP

Real Estate Planning Tips: What is Cancellation of Indebtedness ("COD") Income?

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The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and...more

Lerch, Early & Brewer

Rockville and Montgomery County Take Differing Approaches to Rent Stabilization

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The City of Rockville and Montgomery County are addressing affordable housing with differing approaches. Both jurisdictions took action on rent control this summer, with plans for future legislation or applicable regulations...more

Sheppard Mullin Richter & Hampton LLP

Advocacy Group Petitions CFPB to Categorize Housing Rental Leases as “Credit”

On August 12, the National Consumer Law Center (NCLC), a prominent consumer advocacy group, petitioned the CFPB to open rulemaking under the Equal Credit Opportunity Act (ECOA) to expand the definition of “credit” to include...more

Whitman Legal Solutions, LLC

Navigating Pet Fees, Rent, and Restrictions

Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing. Apartment leases often come...more

BCLP

Renters' Rights Bill

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On 17 July 2024, the King announced a new Renters’ Rights Bill (“RRB”) to be introduced “to give greater rights and protections to people renting their homes...” The RRB has not yet been published however the background...more

Sands Anderson PC

Virginia Real Estate Law Updates for 2024

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Effective July 1, 2024, Virginia has implemented several significant changes to its real estate laws. In this year’s installment, tenants get a whole lot of protections (kind of), HOAs are put on a tighter leash, and brokers...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (7/31/24) – International Homebuying Shrinks Commercial Real Estate Focus on...

In our latest roundup, mortgage rates drop to lowest levels since March, hotel construction activity highest since February 2023, Biden administration calls for legislation regarding property owners, and more!...more

Womble Bond Dickinson

FCC’s Net Neutrality Order Extends Exclusive Access Prohibitions to Broadband-Only Services Delivered to Residential and...

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In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more

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