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K&L Gates LLP

Overriding Interest Summer 2024

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Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports...more

Dunlap Bennett & Ludwig PLLC

New Settlement Sets Lease-Breaking Precedent Under The SCRA

In a landmark settlement, a property management company and its landlord have agreed to pay a significant sum following allegations of violating the Servicemembers Civil Relief Act (SCRA). The U.S. Attorney’s Office, Eastern...more

Clark Hill PLC

Recent Changes to Illinois Law Affecting Residential Landlords and Property Managers Part 2

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In the previous alert, we covered the Illinois Landlord and Tenant Act, along with the Radon Awareness Act and several others. Here we will go over changes to the Electric Vehicle Charging Act and how it could affect the...more

Clark Hill PLC

Recent Changes to Illinois Law Affecting Residential Landlords and Property Managers, Pt 1

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2024 brought several changes that affect Chicago-area residential property owners and property managers. We will run through some of those changes in order to provide insights into how they affect obligations moving forward....more

Whitman Legal Solutions, LLC

Marijuana Use and Fair Housing

This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more

Whitman Legal Solutions, LLC

Dialect Discrimination Violates the Fair Housing Act

Earlier this month, the Department of Housing and Urban Development (HUD) filed a Charge of Discrimination (Charge) alleging that landlord N. Clark LLC (Landlord) and its managing member Kathleen Cresson unlawfully...more

Goodwin

Biometric Data Collection: A Significant Risk for the Real Estate Industry

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Biometric building access controls (i.e., “smart access” technologies) have become increasingly popular among residential and commercial property managers for the enhanced security benefits that these solutions provide. The...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] So You Want to Be a Landlord? Rise in Residential Housing Class Actions - September 14th, 10:00 am - 11:00 am PT

This presentation will cover the recent spate of class actions being filed against landlords and property managers relating to tenant protection statutes, which include challenges to rent increases, late fees in residential...more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results...more

Brownstein Hyatt Farber Schreck

D.C. Policymakers Take Aim at Tenant Screening Issues

This week the U.S. Department of Housing and Urban Development (HUD) announced plans for additional steps it plans to take related to criminal history screening. This comes on the heels of the Consumer Financial Protection...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

New York City's Tenant Data Privacy Act

The New York City Tenant Data Privacy Act (TDPA) was passed on May 28, 2021. Scheduled to go into effect on July 29, 2021, the law addresses a number of perceived privacy-related issues concerning smart access systems in...more

Goodwin

What to Expect from NYC’s Tenant Data Privacy Act

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New York City tenants harboring “big brother” concerns over landlords abusing data collected through smart access (i.e., keyless entry) systems will soon be able to rest easier. Following California, Virginia, and the British...more

Orrick, Herrington & Sutcliffe LLP

Unlocking the Value of Tenant Data

Landlords have access to an extraordinary amount of data. Building keycard systems accurately track when tenants enter a building or access specific amenities. Parcel lockers monitor the volume and frequency of package...more

Whitman Legal Solutions, LLC

Landlords Must Allow Emotional Support Animals

Recently, the Department of Housing and Urban Development (HUD) filed a charge of discrimination claiming (Charge) claiming Missouri landlord Dahms Investments, L.L.C. (Dahms) violated the FHA by requiring a prospective...more

Goodwin

Envisioning the New Normal: Real Estate + Technology: Part 6: Multifamily

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This article is the sixth in a multi-part series examining the impact of the COVID-19 pandemic on select real estate sectors and the considerations around how technologies will shape future operations and accelerate means to...more

Fox Rothschild LLP

Can Apartment Management Restrict Political Signs In Windows And On Doors? Read On.

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With the 2020 presidential election less than three months away, I had an interesting question hit my desk: can a property management company restrict residents from placing political signs on their exterior windows, doors,...more

Fox Rothschild LLP

Answering Fair Housing Defense Blog Reader Questions/Comments

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Catching up with some Fair Housing Defense reader email this week. With the caveat that this blog entry does not constitute legal advice, here we go: 1.Am I part of the problem? Sure hope not. A reader indicated that...more

Pillsbury - Gravel2Gavel Construction & Real...

Management’s Duties and Responsibilities to Disclose COVID-19 Cases to Commercial and Residential Tenants While Also Protecting...

As COVID-19 cases continue to be reported by the hundreds on a daily basis, and as businesses begin the process of returning to the worksite, it is imperative that property managers—both commercial and residential—understand...more

Smith Anderson

Landlords & Property Managers - Developing Best Practices During COVID-19

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The COVID-19 pandemic has raised new questions and challenges for commercial landlords and property managers. It is no longer business as usual. The goal for a landlord or property manager during these trying times should be...more

Snell & Wilmer

Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

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The Colorado legislature had a busy session this year. Among the several significant bills it enacted, HB1170 strengthens tenant protections under the implied warranty of habitability. It became effective on August 2, 2019,...more

BCLP

The evolution of Property Management Agreements in the Build to Rent sector

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Property Management Agreements (“PMAs”) have been around for years and typically follow the same format. However, the growth of the Build to Rent (“BTR”) sector has caused a re-think of the “usual” terms to ensure it reflects...more

Whitman Legal Solutions, LLC

A Concert Hall for Every Ensemble and an Apartment for Every Family

Concert halls come in many sizes to accommodate different types of performers and different sizes of audiences. At Carnegie Hall, there is the famed Isaac Stern Auditorium/Perelman Stage, which seats more than 2,800....more

Michigan Auto Law

Carbon monoxide poisoning lawsuit filed on behalf of Hickory Hollow tenant

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Attorneys file carbon monoxide poisoning lawsuit for tenant injured by broken down boilers and inadequate ventilation - A lawsuit was filed this week to protect a tenant of an apartment complex in Michigan who suffered...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Holds that Landlord May Be Liable for Deliberate Indifference to Tenant-on-Tenant Discrimination

The United States Court of Appeals for the Seventh Circuit recently addressed a matter of first impression regarding landlord liability under the Fair Housing Act (FHA): whether a landlord may be liable under the FHA for...more

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