United States: Real Estate

A New York Supreme Court Justice has struck down the rollout of the pied-à-terre tax, ruling the Department of Finance's implementation plan arbitrary and capricious. The decision comes as two new constitutional challenges are filed against the tax, with prominent figures including former Commerce Secretary Wilbur Ross arguing it unconstitutionally targets nonresidents of New York City.

California's Senate Bill 1153 has been signed into law, providing significant protection for public water systems against wildfire-related inverse condemnation claims. The legislation clarifies that water suppliers have no duty to design or maintain systems for wildfire suppression and that inability to maintain water supply during wildfires is not a substantial cause of wildfire damages. This landmark legislation may reshape liability exposure and insurance costs for water providers across the state.

A California appellate court ruled that homeowners who built an unpermitted retaining wall encroaching on their neighbor's property cannot claim a prescriptive easement because the structure constitutes an abatable public nuisance. The decision reinforces that courts will not allow property rights to arise from code violations and unpermitted construction, even when maintained openly for years.

Negotiating a commercial lease requires careful attention to critical provisions that can significantly impact a tenant's financial obligations and operational flexibility. Understanding the nuances of lease terms, rent structures, possession requirements, landlord responsibilities, and maintenance allocations is fundamental to protecting tenant interests.

That possibility becomes especially important for older homeowners. If the owner dies before the sale and the property is still titled in that person’s name, determining who has authority to complete the transaction can create delays.

California's new Missing Middle Townhome Ownership Act establishes a groundbreaking ministerial approval pathway for townhome developments of up to 150 units, eliminating CEQA review and discretionary hearings. The legislation creates unprecedented opportunities for attainable homeownership by streamlining entitlements, reducing construction timelines, and enabling flexible ownership structures including fee-simple lots, cooperatives, and community land trusts. With the potential to unlock thousands of parc

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New Jersey's revised UHAC regulations, effective November 2025, introduce significant changes to affordable housing development requirements that may impact previously approved Third Round projects. Developers must navigate new standards for deed restrictions, unit design, and affordability control periods while determining whether their unbuilt projects qualify for prior-round protections or fall under stricter Fourth Round requirements.

A recent Ninth Circuit opinion challenges the long-standing practice of title insurers terminating their obligations by simply paying policy limits, potentially exposing them to bad faith liability even when exercising contractual options. The case examines whether title insurance companies can prioritize their economic interests over their insureds' need for legal defense without facing extracontractual claims.