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.
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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.
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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.
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Recent Blog Posts

  • Will a Subsequent Purchaser of a Property Built After 1991 Be Liable For Accessibility Issues Related to Design & Construction of the Property? As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed. Effective in properties designed and/or constructed from 1991 on, the Fair Housing Act (FHA) requires that all multifamily construction meet a specified level of accessibility for individuals with disabilities. As a part of the law, the FHA has seven “safe harbors” that design and construction... More
  • What Happens When the Federal Fair Housing Act Conflicts With a City or County Ordinance? While many apartment communities are “pet friendly” and welcome animals, almost every community has restrictions concerning, for example, certain breeds and/or weight limits for pets. In addition to the community policy on animals, many local jurisdictions similarly ban some dog breeds pursuant to a county or city ordinance. The question that comes to my desk is what happens when a resident submits a request for a service or companion animal as a reasonable accommodation pursuant to the federal Fair Housing... More
  • Philadelphia / Transit-Oriented Zoning Overlay District / One More Try When the Philadelphia Zoning Code was amended in August, 2012, a Transit–Oriented Development (“TOD”) Overlay District was included.  Such districts have become increasingly favored by urban planners as a way to encourage development adjacent to transit hubs, with associated increase in the use of public transit and a decrease in reliance upon private transportation.  However, the provision included in the 2012 Zoning Code proved cumbersome, and during the intervening 4+ years, no parcel in Philadelphia has been so designated.  In response,... More
  • Do Emotional Support Animal Medical Verifications Last Forever? A legitimate question from leasing office professionals I get from time to time is: “We approved an emotional support animal for a resident two years ago. Does that approval continue indefinitely or can we seek a supplemental medical verification from time to time?” My answer is that there are any number of disabilities for which we grant a reasonable accommodation but for which medicine, treatment, surgery, or even the passage of time can have cured or helped cure such that... More
  • GA Approves Taking Of Blighted Properties For Economic Development The Georgia Legislature approved legislation allowing local governments to seize blighted property for economic development. House Judiciary Chairman Wendell Willard, R-Sandy Springs, said the change would give cities more options in dealing with persistently blighted areas. However, before a property is taken for an economic development project the condemnor must prove to a judge that the property is blighted and property owners can challenge that allegation.  ... More
  • Best Practices Concerning The Fair Housing Act and Sexual Orientation Discrimination   Earlier this month we noted that a federal court in Colorado ruled that the Fair Housing Act (FHA) prohibits discrimination based on sexual orientation (although sexual orientation is not contained in the text of the statute). In that case, the district court judge concluded that ownership could not deny housing to a resident simply because the resident fails to adhere to gender stereotypes by being attracted to or married to a member of the same sex. As the case then... More
  • 23 States Considering Valuation Legislation The Appraisal Institute reported April 17 that 37 bills affecting the valuation profession are pending in 23 states. According to the Appraisal Institute, the proposed legislation includes: Arizona SB 1197 which makes various changes to the state’s appraiser licensing law and appraisal management company oversight and registration law. California SB 70 which allows a state-licensed or state-certified appraiser to deviate from the Uniform Standards of Professional Appraisal Practice in certain circumstances. Connecticut SB 780 which allows real estate brokers and salespersons to estimate... More
  • PA Considers Bill Regarding Condemnation RR Properties PA State Senator John C. Rafferty, Jr. has announced that he intends to introduce legislation to aid railroads that may have its property condemned by utilities. He states that “The use of ‘quick take’ condemnation proceedings by a public utility company to avoid legitimate safety and operational concerns is detrimental to public safety and contrary to law. My legislation would provide the railroad industry with the necessary means to ensure public utility companies comply with federal safety regulations and engineering... More
  • Some Thoughts on Advertising and Fair Housing Advertising your property is a good way to get apartments filled. But marketing a community can create a handful of fair housing challenges concerning the use of advertising.  First, remember that advertising is covered under the Fair Housing Act (FHA). When you advertise, do it in a way to reach as many demographic groups as possible. For example, when using people, be certain your advertising copy contains individuals of multiple races. Does that mean you cannot show a family of... More
  • PA Considers Broker Price Opinion Legislation The PA State House is considering a bill that would amend the state’s Real Estate Licensing Law. According the Bill’s sponsor, HB863 would define “a Broker Price Opinion (BPO) as ‘an estimate prepared by a broker, associate broker or salesperson that details the probable selling price of a particular parcel of real property and provides a varying level of detail about the property’s condition, market, and neighborhood, and information on comparable sales, but does not include an automated valuation model’... More
  • Protect Yourself Against Validity Challenges By Publishing A Section 108 Notice Copyright: kchung / 123RF Stock Photo After receiving a favorable zoning or land use decision, such as a passed ordinance amendment or a granted variance from the zoning hearing board, you should take steps to protect yourself from any validity appeals by publishing notice of the decision.  Section 108 of the Municipalities Planning Code (“MPC”) provides that notice of municipal action to adopt an ordinance or enter a decision may be provided through publication, at any time, “once each week for two... More
  • Act 170 – Recent Changes to LLCs in Pennsylvania On November 21, 2016, the Pennsylvania House of Representatives signed into law legislation that became known as Act 170 (the “Act”) which adopted the newly revised Uniform Partnership Act, Uniform Limited Partnership Act, and Uniform Limited Liability Act.  The Act made important revisions to the laws of partnerships, limited partnerships, and limited liability companies.  In this piece, I will only focus on some of the changes in the Act that will affect a limited liability company (“LLC”). Copyright: tashatuvango / 123RF... More
  • Time To Review Your Pennsylvania Real Estate Assessments April, 2017 Are the real property taxes assessed against your property by the county board of assessment for county, municipality and school district taxes out of proportion to the actual value of your property or the value attributable to your property by capitalizing the income you receive from the property? What Should You Do If You Think Your Real Estate Taxes Are too High? First, you need to determine whether to file an appeal to the county board of assessment for your property.... More
  • Federal Court Concludes That LGBT Individuals Are Covered By The Fair Housing Act Back-to-back posts concerning the Fair Housing Act (FHA) and federal courts. Last week, in what I believe is another decision of first impression, a federal district court judge in Colorado concluded that the FHA prohibits discrimination against LGBT individuals. While the FHA prohibits discrimination because of sex (added as a protected class in 1974), familial status (1988), and/or national origin (1968), the statute says nothing about sexual orientation or gender identity and the issue had been in question for some... More
  • Does a Fair Housing Act Claim Survive the Death of a Party Raising the Claim? A Federal Appellate Court Says Yes. In a case of first impression (at least as far as I can tell), in an opinion issued last week, the U.S. Court of Appeals for the Third Circuit evaluated (and answered) the question of whether a Fair Housing Act (FHA) claim survives the death of a party. The facts involved an emotional support animal request and whether the condominium board had appropriately responded to the request. Before reaching the merits, however, the Court addressed an uncommon (and sad) issue... More