Real Estate Trending Topics

To help with your writing efforts, here’s what people are looking for in Real Estate Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

What Are the Trade War’s Implications for Real Estate? 

Consider writing about:

The potential impact on the real estate sector from the Trump White House’s back-and-forth tariff maneuvers and the accelerating trade war; likely impacts for the real estate sector (in the jurisdiction of your choice), in the near or long term; possible lessons from the first Trump administration, the pandemic, or other periods of change or marked disruption; what participants in the real estate sector may be able to do to minimize impacts on their projects, plans, or finances.

What to Know About the Religious Land Use and Institutionalized Persons Act 

Consider writing about:

The Religious Land Use and Institutionalized Persons Act; its intent and history; recent or otherwise noteworthy legal cases involving RLUIPA; whether the RLUIPA landscape may be shifting under the second Trump administration.

What Happens When a Tenant Repudiates a Lease? 

Consider writing about:

Issues that arise when a tenant repudiates a lease; how repudiation is defined in such a case; conditions that may give rise to repudiation; key obligations and potential pitfalls on the part of either the tenant or the property owner in these types of situations; additional practical guidance from any noteworthy legal disputes involving repudiation of a lease.

What Will HUD Cutbacks Mean for Housing Sector? 

Consider writing about:

Funding freezes and grant terminations involving the the U.S. Department of Housing and Urban Development; types of programs undergoing cutbacks; what the financial cuts could mean for HUD operations and for grant recipients; likely impacts on any or all of the following: renters, property owners, would-be homebuyers, developers, contractors, nonprofits, and the overall housing market; any options for contesting termination of a grant; other ways organizations or businesses affected by the cuts may be able to minimize the impact on their operations and their contractual obligations to workers or affiliated entities.

Related information:

https://apnews.com/article/trump-doge-affordable-housing-preservation-crisis-de27d7846271779157550fcec0a78ea6

https://www.nbcnews.com/business/consumer/federal-housing-administration-face-layoffs-may-mean-homebuyers-rcna194889

Where Are Commercial Real Estate Deals Headed? 

Consider writing about:

Commercial real estate trends in the United States; deal activity in terms of volume, type, region, etc.; factors driving the trends; comparison to historical trends and patterns.

What’s Fueling a Fannie Mae Blacklist? 

Consider writing about:

Recent news reports about a “mortgage blacklist” maintained by Fannie Mae; purpose of the list; any areas or types of properties that may dominate the list; why these properties have been relegated to a “blacklist,” and what the implications are for property owners, sellers, or others; related trends within the real estate sector; how property owners, homeowner associations, or others can best address blacklisting impacts and related risks and responsibilities.

Related information:

https://www.newsweek.com/california-mortgage-blacklist-fannie-mae-2048493

https://www.yahoo.com/lifestyle/secret-mortgage-blacklist-leaving-homeowners-163313098.html

What to Know About ‘Make Polluters Pay’ Legislation in California 

Consider writing about:

California legislation aimed at getting fees from major oil companies to help pay for climate damage; how the Make Polluters Pay Climate Superfund Act would work, if implemented; past attempts to pass such legislation; prospects for SB 684’s passage; whether similar legislation is in the pipeline in other states or been implemented into law.

Related information:

https://subscriber.politicopro.com/article/2025/02/bill-to-make-polluters-pay-for-climate-damages-is-back-in-california-00205459

When History Resurfaces During Modern-Day Real Estate Development 

Consider writing about:

Real estate developers’ obligations pertaining to the discovery of Native American artifacts or burial sites; applicable laws to know about; best practices or related legal obligations and potential penalties for violations; authorities who typically have jurisdiction over these types of incidents; any noteworthy disputes involving these issues, and how they were resolved.

Airbnb Faces Backlash Over Co-Founder’s New Role at DOGE 

Consider writing about:

Blowback that Airbnb is experiencing after reports surfaced that a company co-founder is joining the Trump administration’s controversial Department of Government Efficiency; how response to these reports is playing out on social media and in real life; potential for a significant fall-off in either host listings or bookings with Airbnb; how Airbnb is responding to the negative publicity and threats of a boycott; what this series of events may demonstrate for other companies regarding the intricacies of reputation management and damage control in a partisan atmosphere.

Related information:

https://www.newsweek.com/airbnb-joe-gebbia-doge-team-mmebers-elon-musk-2032324

https://www.newsweek.com/airbnb-boycott-calls-joe-gebbia-elon-musk-doge-2033847

https://www.forbes.com/sites/suzannerowankelleher/2025/03/05/airbnb-distances-billionaire-cofounder-doge-musk

Texas Court Undoes ExxonMobil’s $2M Win in Oil Cleanup Dispute 

Consider writing about:

A ruling by Texas’ 12th District Court of Appeals in a dispute over responsibility for cleaning up an oil spill; key points in the ruling; what this case may illustrate on a more general level regarding environmental remediation obligations on the part of current or future owners of a property; what companies should know about related liability risks involving this issue; how to minimize risk.

The Rebuilding of Gaza: Trump, Real Estate, and Reality 

Consider writing about:

Donald Trump’s real estate visions for Gaza. How realistic are the president’s musings on this topic? What are the main legal, financial, humanitarian, political, or logistical issues that come to mind? What are the potential conflicts of interest for Trump’s family businesses and his other dealings?

Tenant Screening Do’s and Don’ts [Ongoing] 

Consider writing about:

Guidance on the tenant vetting process; what commercial or residential property owners or managers should know about applicable laws, rights, or recommended practices; common mistakes or oversights to avoid; additional guidance regarding discrimination risks, service or emotional support animals, background checks, the use of third-party screening services, screening software, or AI tools.

Data Center Trends and Issues Worth Noting 

Consider writing about:

Trends (in the region of your choice) involving data centers; how crypto, artificial intelligence, and other technological developments have fueled an increasing demand for more data centers; implications for the real estate and construction sectors; concerns being raised over the data centers’ massive energy use and related impacts on the environment.

Property Sales and the Right of First Refusal [Ongoing] 

Consider writing about:

What a commercial property owner or a commercial tenant should know about the right of first refusal when a property is potentially going up for sale; rights, obligations, and potential pitfalls to be aware of. Consider whether to present a list of do’s and don’ts, or whether to use a real-life cautionary tale to illustrate your points.

Major Lenders to Offer Mortgage Relief to Victims of Calif. Wildfires 

Consider writing about:

Mortgage relief being offered to property owners affected by the southern California wildfires; which financial institutions are participating in this program; type of properties at issue; how the forbearance procedure works; what someone needs to do to delay mortgage payments under this program; options for property owners whose mortgages are not with the financial institutions currently listed as participating.

Related information:

https://www.cbsnews.com/losangeles/news/gov-gavin-newsom-mortgage-relief-major-lenders-wildfire-survivors

Leading Mortgage Company Reaches $20M Settlement Over Cyber Lapses 

Consider writing about:

A $20 million multistate settlement with mortgage company Bayview Asset Management and three of its affiliates related to a 2021 data breach; how the breach affected customers; how company cybersecurity practices were considered to be deficient; state or federal requirements that companies’ cybersecurity programs need to follow; whether additional mortgage companies are facing repercussions over substandard cybersecurity; what other companies may be able to learn from the Bayview Asset settlement.

Related information:

https://www.msn.com/en-us/money/financial-regulation/bayview-asset-management-enters-into-20-million-settlement-over-cybersecurity-weaknesses/ar-AA1xbP6z?ocid=BingNewsVerp

What to Know About Foreclosure Auctions [Ongoing] 

Consider writing about:

Foreclosure auctions; how someone can best determine if foreclosure auctions are logical options for them; what to know about participating in such a proceeding; how an auction sale compares to other types of real estate transactions; potential pitfalls to watch out for; how to know when a deal is “too good to be true.”

Calif. Environmental Regulations Temporarily Suspended Amid Wildfires 

Consider writing about:

California Gov. Gavin Newsom’s decision to suspend permitting and review requirements to facilitate rebuilding efforts in the wake of massive wildfires in southern California; what to know about the governor’s Executive Order, the environmental measures at issue, the duration of the suspension, and whom, or what, it applies to.

Related information:

https://www.gov.ca.gov/2025/01/12/governor-newsom-signs-executive-order-to-help-los-angeles-rebuild-faster-and-stronger

How States Are Tackling Wildfire Risks 

Consider writing about:

How states are responding to increased risk of serious wildfires and associated damage to commercial or residential properties; related issues involving property owner obligations pertaining to property modifications, upkeep, disclosures, or other responsibilities; any new bans, limitations, or other restrictions on new construction; how the real estate industry and construction industry are responding to increased concerns over wildfires.

What to Know About Rebuilding in a Disaster Zone 

Consider writing about:

Challenges for homeowners or business owners seeking to clean up and rebuild after a natural disaster; what to know about obtaining permits to rebuild damaged homes or businesses; related mortgage, tax, and insurance issues; assistance available from the Federal Emergency Management Agency or other federal or state agencies; owners’ options if their properties cannot be rebuilt.

How Cybercriminals Target Real Estate Transactions 

Consider writing about:

Wire transfer fraud and other forms of cybercrime that target real estate transactions; types of scams and cyberattack tactics to be on the lookout for; related statistics and trends; how real estate agents, lawyers, financial institutions, or clients can protect themselves from cybercrime, liability risks, and related financial losses.

Related information:

https://www.cnbc.com/2024/07/23/wire-fraud-in-real-estate-silicon-valley-executive-warning.html

How to Address Environmental Risks Before or After a Real Estate Purchase 

Consider writing about:

Environmental liabilities that can arise when buying real estate; red flags to watch for during or prior to negotiations and a possible purchase; applicable disclosure requirements; how to determine potential risk areas; contract terms that may provide protection to a buyer in the event that some warning signs are overlooked; additionally or alternatively, how to minimize environmental liability following a completed real estate purchase; any instructive rulings or related regulatory actions that may help illustrate these points; any additional practical guidance regarding purchaser obligations and the due diligence process.

Real Estate Highlights From 2024: Tell Us What You Think 

Consider writing about:

Your choice of three or more noteworthy real estate disputes, settlements, rulings, trends, or other interesting developments from 2024; their immediate impact and their potential longer-term implications for 2025 and beyond. If you so desire, focus your selections and analysis on a particular region or type of real estate.

What Does a Second Trump Administration Portend for Real Estate? 

Consider writing about:

What a second Trump administration could mean for the real estate sector; potential impacts of likely or possible changes involving environmental regulation, immigration, and other policy shifts; what to watch for from the Trump administration, Congress, and other key entities.

FinCEN Regulations’ Implications for Real Estate Sector 

Consider writing about:

Anti-money laundering regulations issued by the Financial Crimes Enforcement Network on Aug. 28; real estate transactions to which the regulations apply; when the regulations become effective; what else individuals or entities involved in the real estate sector should know about the regulations and related obligations.

Related information:

https://www.federalregister.gov/documents/2024/08/29/2024-19198/anti-money-laundering-regulations-for-residential-real-estate-transfers

Legal Liability Stemming From a Tenant’s Criminal Activity [Ongoing] 

Consider writing about:

Property owners’ potential liability for criminal activity carried out by their tenants; types of illegal or questionable activity that could trigger legal problems for property owners; property owners’ rights and obligations if their tenants are suspected of engaging in criminal or dangerous behavior; specific steps that can be undertaken to reduce a property owner’s risk and protect property; discrimination risks to avoid in the process.

Weather-Related Construction Disputes: What to Know 

Consider writing about:

Construction disputes that can arise following severe weather incidents. What to know about such matters as supply chain interruptions, project timelines; deadline extensions; replacement materials; and insurance or contractual matters to attend to, either prior to, or following, a weather-related setback.

How a Bankruptcy May Affect a Tenant’s Obligations [Ongoing] 

Consider writing about:

How a bankruptcy affects commercial tenants’ obligations to their landlords; circumstances under which someone may be able to defer or otherwise mitigate rental payments or other obligations; options that a landlord may have available when faced with a tenant’s bankruptcy; instructive court rulings on these issues; additional guidance on contracts, communications, and legal risk.

What’s the State of Rent Control These Days? 

Consider writing about:

How local and state rent control laws are faring these days; what to know about recent ballot measures, court rulings, or other developments of note; what else tenants or property owners should know about the rent control landscape and related rights and obligations.

How Voters Weighed In on Real Estate Taxes on Election Day 

Consider writing about:

Property tax issues on state ballots on Election Day; what to know about the measures and how they performed with voters; related trends involving property taxes, either regionally or nationally.