News & Analysis as of

Rental Property Residential Leases

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

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

Holland & Knight LLP

Little-Known Chicago Rental Ordinance Amendment Impacts Unsuspecting Foreclosing Lenders

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A foreclosing lender must offer existing Chicago tenants a new 12-month lease or pay them a substantial $10,600 relocation fee – and the tenant can decide which one to choose. This 2021 amendment to the Keep Chicago Renting...more

Ballard Spahr LLP

National Rent Control, Prince George’s County Enacts New Rent Control, Montgomery County Poised to Adopt Regulations for Rent...

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Rent control continues to be headline news, with local legislation being enacted and national legislation being proposed. The rent control law in Prince George’s County was enacted yesterday and it appears that the rent...more

Brownstein Hyatt Farber Schreck

Biden Calls for Restrictions on Rent Increases

On July 16, President Biden called on Congress to enact legislation to temporarily cap annual residential rent increases. Under the proposal, rental property owners with over 50 residential units in their portfolio would not...more

Brownstein Hyatt Farber Schreck

CA Security Deposit Limits Effective 7/1

Effective July 1, 2024, California residential landlords will generally only be able to charge security deposits equal to one month’s rent with some exceptions for smaller landlords. This is pursuant to Assembly Bill 12...more

Hogan Lovells

Landlord Certificates under the Building Safety Act: ignore at your peril!

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The Upper Tribunal (Lands Chamber) has recently given its judgment in Lehner v Lant Street Management Company Limited, absolving a tenant from paying service charge due to defects in the service charge demand....more

Hogan Lovells

Building Safety Act: Remediation Order imposed on pension fund landlord

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Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, has secured a remediation order requiring a pension fund landlord to carry out fire safety remediation works totalling £15 million under Section...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

New York State Passes Good Cause Eviction Law, Redefining the Meaning of Free Market Apartment Rentals

What is the Good Cause Eviction law? On April 20, 2024, New York State enacted new residential tenant protections affecting many market rate apartments under a framework referred to as “Good Cause Eviction.” In general,...more

Brownstein Hyatt Farber Schreck

Shifting Dynamics: Changes to Landlord Eviction Rights in Colorado Under HB1098

The recently enacted HB24-1098 in Colorado introduces significant shifts in the dynamics of landlord-tenant relationships, prompting a need for careful understanding of the new regulations and procedures regarding evictions....more

Clark Hill PLC

Chicago Updates Mandatory Tenant Rights Summary

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Landlords owning Chicago properties in most circumstances are now required to provide tenants with the new summary of the Residential Landlord Tenant Ordinance (“RLTO”) posted by the city in March. The summary can be reached...more

Hudson Cook, LLP

"Reducing Barriers to HUD-Assisted Housing": HUD NPR for Use of Criminal History in Tenant Screening and Termination At...

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Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

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New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

Adler Pollock & Sheehan P.C.

The Potential of Rent Control in Rhode Island

In 2023, Providence had the largest year over year residential rent increase compared to every other major U.S. city. Rising rental rates are not isolated to the Ocean State. Median residential rent prices increased in cities...more

Lowndes

Real Estate Tax Considerations for Landlords and Tenants

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It is customary for landlords to require their tenants to pay real estate taxes attributable to the landlord’s property being leased, along with other common area expenses like maintenance, insurance and the like. When there...more

Bennett Jones LLP

Restricted Zoning: The BCCA Confirms Powers to Enact Rental-Only Bylaws Under the Local Government Act

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Last year, in V.I.T. Estates Ltd. v New Westminster (City), 2023 BCCA 183, the British Columbia Court of Appeal (BCCA) dismissed a challenge to a municipal bylaw that restricted zoning to residential rentals. The court found...more

Kohrman Jackson & Krantz LLP

What Is Next for Downtown Cleveland Apartments?

The recipe for residential apartment success in Cleveland’s central business district has seen significant changes, primarily because a substantial portion of its traditional demand base—those employed in downtown Cleveland’s...more

Ballard Spahr LLP

Prince George's County Rent Control Extension/BEPS/Montgomery County Rent Control Updates

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Our recent Alert focused on the D.C. Housing in Downtown program, the Montgomery County Right of First Refusal legislation, rent control in Montgomery and Prince George’s Counties, the SCOTUS rent control challenge denial,...more

DarrowEverett LLP

Rent is Due: Strategies for Landlords with Financially Unstable Tenants

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Even landlords who conduct in-depth analyses of tenant credit and financial health will experience some tenants who become financially unstable during the term of the lease. In an environment where replacing tenants can be...more

Winthrop & Weinstine, P.A.

Minnesota’s Revamped Landlord-Tenant Laws: Top 10 Things All Residential Landlords Should Know

On January 1, 2024, numerous amendments to Minnesota’s landlord-tenant statute (Minn. Stat. § 504B) went into effect. The changes affect virtually all residential landlord-tenant leasing relationships and disputes in the...more

Hogan Lovells

Deposits for property options: UK High Court gives a timely reminder

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In IAA Vehicle Services Limited v HBC Limited, the High Court concluded that a deposit under the Standard Conditions of Sale fell due as soon as an option to purchase a freehold property was exercised, but that time was not...more

Whitman Legal Solutions, LLC

HUD Proposes Tenant Eviction Notice Rule

In the real estate field, surprises are less welcome. Owners expect tenants to pay their rent and follow lease requirements, and tenants expect owners to maintain rental units and common areas and to provide the agreed...more

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