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

  • California Settles Housing Discrimination Case Brought by Military Family As professional apartment management employees and property owners, we need to remember that governmental agencies (such as the U.S. Department of Housing and Urban Development as well as state, city, and/or county anti-discrimination agencies) look for cases with what they view as “good facts” to bring. Our friends at the California Department of Fair Employment and Housing (DFEH) found one of those cases last year when an apartment landlord refused to rent to a family because the husband is serving... More
  • Medical Marijuana, Reasonable Accommodation Requests, and the Fair Housing Act Each year it seems that a growing number of states approve the use of medical marijuana (and/or loosen restrictions on the use of marijuana more generally). To that end, professional apartment management will likely receive (if you have not already) a reasonable accommodation request seeking to smoke marijuana at your property. What if your property is smoke free? What if you are concerned about the use of marijuana around children or others who find marijuana smoke offensive? How do you... More
  • Attempts to Amend Conditions of Approval In a recent case decided by the PA Commonwealth Court, titled Toll Brothers and Orleans Homebuilders v. Upper Uwchlan Township, the court upheld the decision of the Court of Common Pleas and the Board of Supervisors to deny the developer’s request to amend a previously granted conditional use approval to eliminate a condition requiring developer to construct an internal roadway.  Developer presented testimony as to reasons for this amendment, including the preservation of additional woodlands, wetlands, steep slopes and floodplains. ... More
  • New Jersey Assembly Bill 1425/Senate Bill 3233 Enacted, Ensuring Reforms Performance and Maintenance Guarantee Requirements Jack Plackter writes: Assembly Bill 1425/Senate Bill 3233, which was signed into law on January 15, modifies the requirements for furnishing performance and maintenance guarantees under the Municipal Land Use Law and modifies the current limitations on the collection of inspection fees. Under the law, a municipality will only be able to require developers to post performance guarantees to cover improvements being dedicated to a public entity. This law favors developers. It reduces the bonding cost because it narrows the categories of items... More
  • SCOTUS Declines Fla. Keys Property Rights Appeal   The U.S. Supreme Court has decided not to hear the appeal of the owner of a Florida Keys island who alleged that increasingly restrictive development regulations have harmed his property rights. The property owner argued that the zoning of the 9-acre Bamboo Key as a bird rookery constituted a taking. Florida’s lower court ruled that the city of Marathon’s payment of rate of growth ordinance points, which can be used toward the purchase of one of a limited number of... More
  • HUD Announces Grants of Over $37 Million To Combat Housing Discrimination Earlier this week, the U.S. Department of Housing and Urban Development (HUD) sent out a press release noting that it awarded over $37 million (yes, $37 million) to combat housing discrimination under its Fair Housing Initiatives Program (FHIP). Add it all up and this money will support more than 150 national and local fair housing organizations, each with a mission (at least in part) to catch professional apartment management violating the federal Fair Housing Act (FHA) or its state, city,... More
  • California Apartment Owner Pays $100,000 to Settle Emotional Support Animal Fair Housing Case Many times the cases with what look like the most egregious set of facts are the ones that get the most publicity. To that end, a fair housing case in California just settled with the owner of several apartment complexes and rental homes agreeing to pay $100,000 to conclude a disability discrimination action involving emotional support animals. The complaint (which started as an administrative action with HUD filed by a local fair housing advocacy group) asserted that the apartment owner sent... More
  • Bucks County Planning Commission The Bucks County Planning Commission has increased its filing fees for 2018.  The base fees for residential subdivisions, land developments and conversions remain the same, but the additional lot multiplier fees have been increased by $5 for each lot/unit.  The base fees for nonresidential land developments remain the same, but the multiplier fees for developments under 5,000 square feet has increased by $5 per 1,000 square foot of gross floor area and, for developments over 5,0000 square feet, the overall... More
  • New York Passes Law to Criminalize Fraudulent Assistance Animal Requests Joining a handful of other states, New York recently enacted a state law making it a criminal offense to misrepresent that someone has a service or emotional support animal. The new statute, effective December 18, 2017, makes it unlawful for any person to knowingly misidentify a dog as a guide, service, therapy, or hearing dog. Violation of the law could result in a fine of up to $100 and up to 15 days in jail. As permitted by our federal Fair Housing... More
  • Alternative On-Lot Sewer Systems for New Subdivisions in Pennsylvania As a supplement to my blog back on August 23, 2017, as to the use of alternate on-lot sewer systems for planning new subdivisions, attached is the PA Builders Association information sheet on the new legislation. DEP and the Sewage Advisory Committee (“SAC”) continue to work on the regulations referenced in the legislation.  Enclosed is a letter, dated December 11, 2017, containing the SAC’s recommendations to DEP. More to follow as DEP works to finalize the performance standards and review methodology.   December 11,... More
  • The Top Ten Fair Housing Defense Blog Posts From 2017 My favorite Fair Housing Defense blog post is always the first entry of each new year.  That is because I ask my Firm to compile a list of the most read entries from the previous year.  To that end, here we go with the Top Ten 2017 Fair Housing Defense posts (you can click on each link if you want to take a closer look): #1: HUD Files New Emotional Support Animal Fair Housing Disability Discrimination Case (February 10, 2017)  #2: Occupancy... More
  • SCOTUS Will Not Hear FL Eminent Domain Case The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit for a project to build 17 luxury townhouse units on an oceanfront site. After the DEP’s decision, the developer lost the property through foreclosure, and a principal at the firm ended up with a roughly $10 million personal judgment, which prompted the... More
  • NYC May Use Eminent Domain To Deal With Homeless Issues To address the homeless crisis, NY City will acquire buildings that house homeless families to convert them to affordable housing, using with legal force if necessary. It has stated that it will use eminent domain if necessary. The city has rented apartments in private buildings to house homeless families since the Giuliani administration. On Wednesday, Mayor de Blasio said the city would buy 25 to 30 of the buildings where more than 50 percent of the occupants are homeless and turn... More
  • DOJ Files Sexual Harassment Fair Housing Act Case Against Property Owners in Kansas Continuing down a path that has been highlighted in the news lately, last week the U.S. Department of Justice (DOJ) filed a lawsuit in U.S. District Court in Kansas alleging sexual discrimination under the Fair Housing Act (FHA). In the new complaint, DOJ asserted that female residents at a handful of rental properties in Kansas were subjected to egregious sexual harassment and retaliation.  DOJ’s complaint named four defendants (as the properties were owned by one or more of the individuals)... More
  • HUD Settles Disability Discrimination FHA Case for $11,000 Last week, the U.S. Department of Housing & Urban Development (HUD) announced that it settled a fair housing case alleging disability discrimination involving a live-in aid. Specifically, HUD reached an agreement with the owner and manager of a townhome community in California. The settlement concludes a case filed by a resident with a mobility impairment asserting that she sought two reasonable accommodations: (1) a live-in aide; and (2) a key to a locked gate near her unit that would make it easier for... More