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In MHC Limited Financing v. City of San Rafael, the Court of Appeals for the 9th Circuit considered, among other things, whether the City of San Rafael’s mobilehome rent control ordinance constituted either a regulatory taking under Penn Central Transportation Co. v. New York City or an impermissible "private" taking in violation of the Fifth Amendment, which prohibits the taking of private property for public use without just compensation.

It used to be taken for granted that when a claim arose out of a construction project, contractors and subcontractors, and even some suppliers, could point the finger at those who provided labor or materials behind them in the contractual chain.

The U.S. General Services Administration (GSA) recently initiated its Water Testing Modification Effort to assess and ensure the quality of drinking water in properties currently under lease with GSA.

If you are a tenant leasing a commercial property, your lease likely contains a covenant of quiet enjoyment. But do you know what rights you have under the provision?

In support of the Safer At Home Order for the City of Los Angeles, Mayor Eric Garcetti issued a new Public Order, the "Worker Protection Order" (the Order)

In November 2022, Measure ULA, commonly known as the "Mansion Tax," was passed into law by the City of Los Angeles voters.

Effective August 1, 2025, Massachusetts residential landlords and brokers can no longer mandate that residential tenants pay broker fees – rather, the cost must be borne solely by the party...

In AIF Dartmouth, LLC v. Hanson, the Massachusetts Appeals Court considered claims arising from two residential summary-process actions.

As construction prices remain stubbornly high, parking continues to be one of the biggest challenges when underwriting a deal. A new Virginia law – Section 15.2-2209.4 – goes into effect on July 1, 2026...

In a decision that will have a reverberating effect on how indemnification language will be negotiated and drafted in New York contracts and undoubtedly influence a party’s choice as to whether to pursue costly litigation, the Appellate Division of the First Department of New York recently unanimously held in "Gotham Partners, L.P. v High Riv. Ltd. Partnership" (2010 NY Slip Op 06149) that, unless an indemnification clause of a contract is "unmistakably clear" and meets the "exacting" test set f

Do property owners have possessory rights in the airspace above their land? Section by section and word by word, the first draft of a proposed "Tort Law Relating To Drones Act" was considered and debated ...

Concern about indoor air contamination has resulted in recent legislative action upping the ante for residential and commercial property owners in New York State.

Real Property & Title Insurance

From a purely theoretical stance, these regulations make sense to limit and/or eliminate disturbances to adjacent residential property and within established residential communities.

The issue of "tester standing" was first addressed by the Supreme Court in Havens Realty Corp. v. Coleman, 455 U.S. 363 (1981). The Supreme Court defined testers as "individuals who, without an intent to rent or purchase a home or apartment, pose as renters or purchasers for the purpose of collecting evidence of unlawful steering practices."