Blogs

Jump to recent Real Estate blog posts.

Eminent Domain & Real Estate Valuation

Fox Rothschild has one of the leading eminent domain and real estate litigation practices in the country. Join David Snyder, co-chair of the firm's Condemnation Practice Group, as he provides useful information and commentary regarding developments in the law, updates on projects and helpful tips regarding eminent domain and other real estate litigation related topics. This is an excellent resource for real estate professionals, property owners and condemnors who may be embarking upon a new project.
View the Eminent Domain & Real Estate Valuation Blog

Fair Housing Defense

Join Fox Rothschild attorneys Scott Badami and Christian Moffitt as they provide insight and information on and compliance with the Fair Housing Act and its state and local counterparts. The blog provides a forum for issues of interest to apartment owners and management companies as well as professional management employees.
View the Fair Housing Defense Blog

In the Zone

Success in the real estate industry often hinges on making smart choices – and on being informed. Fox’s In the Zone blog serves as a resource for developers, investors, lenders, design firms, landlords, tenants and more. Focusing on zoning and land use, we report on trends and news in obtaining approvals and permits for new development, project financing, LEED certification and environmental regulation and enforcement.
View the In the Zone Blog

Recent Blog Posts

  • HUD Resolves Fair Housing Case Against the State of Maryland for $225,000 Pursuant to an agreement announced last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a discrimination complaint filed by local housing advocacy groups against Maryland’s Department of Housing and Community Development (DHCD). The complaint challenged the fairness of Maryland’s Low-Income Housing Tax Credit (LIHTC) program.  As detailed by HUD, the resolution puts forward policies, incentives, and more flexible program rules that are designed to streamline the designation/construction of affordable housing in various neighborhoods in... More
  • Appellate Court Describes Elements of FHA Retaliation Claim   In a case involving the Americans With Disabilities Act (ADA), the U.S. Court of Appeals for the Seventh Circuit issued a new opinion which details the elements of a retaliation cause of action under the Fair Housing Act (FHA). The facts involved a special education teacher who was laid off as a result of an unsatisfactory performance review. The teacher challenged her review by defending her teaching methods, not by asserting she was advocating on behalf of any students or... More
  • Loan Documents and Key Provisions: Casualty Clauses Whether you are a Lender or a Borrower, it’s obviously very important to know what terms are included in your Loan Documents and how they may affect your interests. Periodically, I will be blogging on issues and concerns regarding Loan Documents and areas that I believe everyone needs to be particularly focused on. Today, I’d like to highlight Casualty provisions. Most mortgages in Pennsylvania have provisions regarding what happens if a casualty or damage occurs to the mortgaged Premises. This is... More
  • Appraisal Groups Seek To Prevent Appraisal Waivers 35 appraiser organizations including the Appraisal Institute are asking Congress to prevent Freddie Mac and Fannie Mae from issuing appraisal waivers. Freddie and Fannie recently announced plans to no longer require appraisals for first purchase loans, as well as for mortgage refinancing. In a letter to the chairs and ranking members of the Senate Banking, Housing and Urban Affairs Committee and the House Financial Services Committee, the Appraisal Institute wrote: “We recognize that the Enterprises have, since 1994, been exempted... More
  • PA Considers Bill Prohibiting Condemnations Land Locking Properties A bill was introduced in the PA House of Representatives which stating that “in the case of a partial taking of the property of a condemnee, a condemnor may not render the remaining parcel inaccessible to the condemnee by creating a landlocked property with no ingress or egress to or from a public road or highway.” The bill contains an exception in the event the condemnee consents to that taking. The bill, HB 1773, was introduced on September 12, 2017... More
  • Bill To Amend the Fair Housing Act Introduced in Congress   In an effort to strengthen protections in the federal Fair Housing Act (FHA) against sexual harassment, a member of the U.S. House of Representatives from Michigan introduced a bill earlier this month to further define sexual harassment and to ensure certain conduct is covered under the law. Specifically, the legislation seeks to amend the FHA to make it easier for victims to bring cases of sexual harassment to court. Under the language in this bill, harassment against a resident would... More
  • Timelines For Responding to Reasonable Accommodation Requests   In response to a question, here is a short Fair Housing Act (FHA) primer on the timeline for responding to reasonable accommodation or reasonable modification requests. Under our FHA, “discrimination” includes “a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” Now, to determine if a requested accommodation is “reasonable,” a court will generally consider whether the requested accommodation is (1)... More
  • DOJ Settles Familial Status Fair Housing Act Case for $95,000   Last week, the U.S. Department of Justice (DOJ) announced that it settled yet another Fair Housing Act (FHA) case, this time for a total of $95,000. In a case from Washington state, the owners/managers of three apartment buildings resolved a lawsuit claiming that the defendants refused to rent their apartments to families with children in violation of the FHA. The federal action, filed in March 2017, asserted that in March 2014 the defendants told a woman seeking an apartment for her... More
  • OBTAINING PENNDOT RIGHT OF WAY AS A CONDITION TO OBTAIN YOUR HOP If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need to improve one or more state roads. If you need to improve one or more state roads, then it is also likely that you will need to obtain right of way or easements from third party property owners. Well now... More
  • Severe Weather and Apartment Management Severe weather hit Texas a couple of weeks ago. And a new storm system is turning toward Florida as I write this post. Real life and real serious. While safety of our residents and employees remains paramount, it is a best professional apartment management company practice to have a hurricane or other severe weather policy to guide employees. These policies aim to protect human life, minimize property loss, and to assist where at all possible. Management will also typically have... More
  • Fair Housing Act Advertising Checklist   As an apartment management staff member, please know that advertising is absolutely a part of our Fair Housing Act (FHA) compliance efforts. Indeed, the FHA specifically has a section which confirms that it is against the law to advertise in such a way as to indicate a preference, limitation, or discrimination based on any of the protected classes the statute. Indeed, the Department of Housing & Urban Development (HUD) has had advertising regulations in place since 1972. These regulations were... More
  • Freddie Mac OKs Appraisal Alternative for Some Mortgages Freddie Mac announced that it will utilize automated collateral evaluations to determine when an automated appraisal can be used for new home mortgages and refinancing. ACE uses data from multiple listing services, public records and historical home values to determine collateral risks. This decision was criticized by the Appraisal Institute. “Since 1994, the government sponsored enterprises have been exempted from appraisal requirements established by Congress on the basis that they would make responsible decisions,” said Appraisal Institute President Jim Amorin,... More
  • Developer Asks SCOTUS To Hear Fla. Takings Case A Florida developer petitioned the U.S. Supreme Court to hear a $10 million takings case against the Florida Department of Environmental Protection  The developer alleged that the DEP’s denial of a development permit for a beachfront parcel was an unlawful taking. The developer intended to build 17 luxury townhouse units Fort Pierce, Florida The trial court found the DEP’s denial constituted a taking. However, the Florida Court of Appeals reversed that decision and the Florida Supreme Court denied the developer’s petition to hear the case.... More
  • Court Dismisses Developer’s Claim Against Township for Damages   In the case of Cardinal Crossing v. Marple Township, the PA Commonwealth Court was faced with the issue of whether a developer, who spends substantial funds on a development, in reliance on statements of support from a committee formed by the Township (which included Township officials), can recover damages from the Township when the Board of Commissioners did not adopt the requested zoning amendment for the proposed project to proceed forward. The Commonwealth Court, in finding that unofficial action by... More
  • NC Announces Assessment Reappraisal Counties NC has announced that the following counties will begin the tax reassessment appraisal process of real properties in January 2018: BEAUFORT COUNTY                  MITCHELL COUNTY CLAY COUNTY                              ONSLOW COUNTY FRANKLIN COUNTY                   ROBESON COUNTY GRANVILLE COUNTY                 WATAUGA COUNTY      ... More