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:
Consider writing about:
An Oct. 22 executive order, “Decreasing Housing Costs for the American People;” key points worth noting; who stands to be most affected by the objectives described in the executive order; what participants in the real estate industry or other interested parties should be watching for from the federal agencies and task force named in the executive order.
Related information:
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The spread of automated license plate readers; who can legally install these devices (in the state or country of your choice); how this technology could create legal issues for property owners; what property owners who have, or are contemplating, the installation of automated license plate readers should know about related privacy rights, data collection, disclosure obligations, interaction with law enforcement authorities, state laws restricting the use of the automated readers, potential lawsuits by individuals, growing opposition to automated license plate readers, and more.
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Real estate-related issues that may be impacted by the midterm elections this November; any ballot measures or candidate proposals of note on this front; how a shakeup of Congress could impact the housing market or other components of the real estate sector.
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Real estate-related matters in the context of widespread concerns about the expected impacts of El Nino in parts of the U.S. this winter. Among the possible points to explore: potential for storm impacts, wind and water damage, or flooding; related disclosure obligations on the part of sellers; what buyers should be alert to, as regards any undisclosed or previously unrecognized signs indicating evidence of past floods or likelihood of future floods; when and how a prospective renter or buyer can back out of a transaction; additional issues involving risk management, damage prevention or mitigation, insurance claims processes, rental agreements, property maintenance obligations, managing relocation costs, how to vet and work with building contractors before or after a severe storm incident, recovery and repair processes, and related assistance options.
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Right and wrong ways to evict a tenant from a commercial or residential property; relevant information and practical guidance regarding any of the following points: compliance with state or local laws; coordination with existing landlord-owners in the case of a planned property purchase, and respective rights and obligations; what constitutes a protected class; requirements involving advance notice, deadlines, or time limits; definition of a nuisance tenant; feasibility of incentive payments for prompt or accelerated vacating of a property; negotiation tactics; etc.
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Communal living trends in the United States, whether broadly speaking or in the region of your choice; why and where this type of arrangement may be catching on; various forms that communal living can take, in terms of building structures, shared vs. exclusive/private spaces, zoning classifications, and more; any noteworthy differences between communal housing, co-living, and co-housing (or are they just different popular terms for the same type of arrangement?); what to know about related tenant or ownership rights, financing and permitting challenges, co-living contractual terms, resolution of disagreements before or after the fact, common pitfalls to avoid, and other practical details.
Related information:
https://www.bhg.com/living-with-friends-12146984
https://www.sfgate.com/california/article/california-real-estate-housing-compounds-22456359.php
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Noteworthy developments involving data center construction. Among the topics to choose from: common objections from nearby property owners; basis for property owner complaints; trends involving real estate values in neighborhoods where data centers have been completed or are slated or being built (plus: related disclosure obligations on the part of property owners, or due diligence steps on the part of would-be buyers); new or accelerating demands by local legislators; evolving compliance requirements; how developers can best prepare for, or respond to, objections to data center construction plans; when to consider modifications to plans; contractual or project issues in case of a desire for design modifications or a new location; additional issues for existing or would-be investors.
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New developments or emerging trends involving the use of vacancy taxes; common concerns or goals driving the imposition of vacancy taxes; where such taxes have been implemented and how they are performing; lawsuits filed over vacancy taxes; related rulings; where vacancy taxes are either gaining ground or, conversely, falling out of favor; enforcement mechanisms and potential penalties under such tax regimes; how commercial or residential property owners might challenge vacancy taxes, or, failing that, how they can manage related costs and compliance.
Related information:
https://www.sfchronicle.com/politics/article/san-francisco-vacancy-tax-ruling-22427983.php
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The latest developments involving taxation of second homes; status of such tax plans in New York City, Washington, D.C., and elsewhere; comparison between the various tax plans; rationale for these types of taxes; what property owners or prospective buyers should know about lawsuits or rulings regarding recently implemented or seriously considered tax proposals of this type.
Consider writing about:
The use of artificial intelligence to enhance real estate listings; growing trends involving this practice, and whether it’s seen mainly with residential real estate or also with commercial real estate; related consumer protections or other existing or contemplated laws that could apply in these instances; when AI-enhanced listings cross the line into false advertising; disclaimer or disclosure notices, labeling, or other information or best practices that real estate agents and their companies should consider; how AI-enhanced images ratchet up risks for remote-based buyers; potential AI-enhanced fraud by third parties; additional pitfalls that agents, sellers, or would-be buyers should be aware of; whether online platforms face liability risks over potentially misleading real estate listings.
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Options for a commercial tenant if a property owner defaults on a mortgage; what to do regarding rent payments or other customary tenant obligations if such a situation arises; rights regarding either the continuation of a pre-existing lease or exiting from that lease; guidance on interacting with the defaulting owner or with a lender in a default situation; any other options for minimizing disruptions to one’s business or other financial matters as a result of such a scenario. Alternatively or additionally, consider writing about precautions a commercial tenant can take prior to or during the initial rental agreement process to head off problems that may erupt as a result of an owner default down the road.
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 property owners’ risk and protect their property in these types of situations; potential discrimination risks to avoid in the process.
Consider writing about:
Questions that commercial or residential property owners may be asking amid the Trump administration’s continued hard line on immigration enforcement; what property owners should know about warrants, access to properties’ exteriors or interiors, tenant rights to privacy or advance notice of visits by property owners or others; whether tenant discrimination claims involving national origin or immigration status are on the increase; what documentation property owners may legally request.
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.
Consider writing about:
Nuisance tenants. What constitutes a nuisance tenant under the law? How can owners of commercial or residential real estate best handle issues involving nuisance tenants? What are an owner’s obligations to address these types of situations? What are some key liability risks for property owners, as regards either the nuisance tenants themselves (and their impact on the owner’s property, and its condition, and value) or as regards other individuals or entities who are being affected by the nuisance tenants’ behavior?
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The legal rights and obligations of commercial or residential tenants, property owners, HOAs, property managers, or others following a natural disaster; issues involving any of the following: rental payments; delinquent payments; evictions or eviction suspensions; repair obligations; rights to substitute or rehabbed properties; lender communications; mortgage obligations; tax implications and strategies in the case of damaged or destroyed real estate; available financial aid, insurance coverage, or other assistance; obtaining building permits to rebuild damaged homes and businesses; what to do if properties cannot be rebuilt; how to fend off speculators, phishing attacks, shady or less than reliable contractors, social media misinformation, and other frauds or threats to property ownership, rights, and finances.
Consider writing about:
The concept of “office resorts” as an incentive to lure remote-based workers into (or back to) a central office. What stands out to you about this concept? What would be the primary challenges or other issues that developers, lenders, or commercial tenants should be thinking about before committing to such a project? How likely is this concept to take off, whether in tech-centric cities (ideally with favorable climates much of the year) or otherwise?
Related information:
https://www.sfgate.com/california/article/office-resorts-trend-22376402.php
Consider writing about:
New York City’s would-be tax on second homes; rationale for the tax; properties to which the tax would apply; how the tax would be implemented and enforced; legal challenges to the tax, or other potential impediments to its implementation; current status of the tax; whether other jurisdictions have tried this type of tax, and, if so, how it has performed.
Consider writing about:
Limitation of liability clauses; what these clauses typically consist of in a construction-related context; main effects of these clauses for various sides of a business relationship; any noteworthy legal disputes involving a limitation of liability clause, and practical takeaways from those disputes.
Consider writing about:
“Rent now, pay later” services; how these services work; how widespread they are; how they are regulated; pros and cons for renters or property owners; how “rent now, pay later” services compare to “buy now, pay later” operations; legislative or regulatory actions targeting the “rent now, pay later” sector on consumer protection grounds; what companies doing business in that arena should know about newly proposed or implemented rules.
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A California property owner’s apparent attempt to charge prospective renters an additional fee if they work from home; whether such a fee would be legal (depending on jurisdiction and type of property); potential grounds for discrimination if the work-from-home arrangement involved the Americans with Disabilities Act and an employer accommodation; what property owners should know before adding unusual extra fees on to a monthly rental figure; related rights or best practices on tenants’ part. (Furthermore, if a property owner can charge renters more for working from home, does that mean an owner could also legally charge renters more after they retire and are, presumably, spending more time at home than when they were working?)
Related information:
https://www.realtor.com/news/trends/bay-area-rent-work-from-home-fee
https://www.sfgate.com/local/article/work-from-home-fee-22362344.php
Consider writing about:
The status of one of the United States’ largest office-to-apartment conversion projects, following the recent discovery of buckling steel columns and the evacuation of part of midtown Manhattan; how authorities are responding to the structural failure; what an investigation of this mishap is likely to entail; potential charges that could result from an investigation; what the Manhattan incident may illustrate regarding challenges involved in office-to-apartment conversions; potential for more rigorous standards or processes for other conversion projects; how participants in these types of conversions can best minimize risk; related trends (whether regionally or nationally) involving office space conversions.
Related information:
Consider writing about:
A proposed rule published by the U.S. Department of Agriculture on June 25; how the rule would affect activities pertaining to the Agricultural Foreign Investment Disclosure Act; what to know about AFIDA’s history; evolving compliance obligations or other proposed changes that foreign landholders should consider preparing for; potential timeline for implementation of the proposed rule; and perhaps a wider-angle look at evolving requirements for foreign owners of real estate in the United States, especially under the second Trump administration.
Related information:
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The Trump administration’s recently released proposal to overhaul the EB-5 immigrant investor visa program; stated objective for the proposal; potential timeline for implementation; what the changes could mean for eligibility, financing, documentation, compliance, authority, and other key points of the EB-5 program; whether previously approved projects or granting of resident status would be in jeopardy if these changes go through.
Related informastion:
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A housing bill passed by Congress last month; what this legislation is aimed at accomplishing; why this measure is being hailed as a landmark; how it managed to gain bipartisan support; where President Trump stands on the 21st Century ROAD to Housing Act; what else investors, property owners, and would-be sellers or buyers should know about this legislation.
Consider writing about:
Tax-related tips and strategies for new or experienced investors or owners of real estate, whether commercial or residential; how to reduce the impact of tax obligations stemming from real estate deals; any common misunderstandings involving real estate and tax law; specific issues involving tax deductions, potential pitfalls regarding tax filings, tax-related issues involving the sale of property, and more. Also consider whether to present a list of do’s and don’ts, or whether to examine any noteworthy real-life tax disputes, rulings, or cautionary tales to illustrate any of your points.
Consider writing about:
The basics of leasing office or warehouse space; key considerations to keep in mind when evaluating properties; common mistakes business owners make when leasing space and how to avoid them; how to know when it makes sense to buy rather than rent; overview of leasing contracts and standard landlord and tenant obligations.
Consider writing about:
Options for commercial real estate tenants or owners when adjoining or nearby properties become a source of blight; any specific obligations on the part of affected property owners in these cases; any options for financial compensation due to impacts on one’s business; how (or whether) to communicate with occupants or owners of problem properties; relevant local regulations that address blight and property upkeep; how to request assistance from local authorities; how to pursue claims; whether nearby problem properties can trigger options for a no-penalty early exit from a commercial real estate lease.
Consider writing about:
Energy measures that are being required of home sellers in a growing number of towns in the United States; what to know about energy audits, appliance replacements, or other eco-conscious upgrades that local governments are beginning to require of would-be home sellers; how property owners can avoid being blindsided by these types of measures before they decide whether or not to sell their properties; what would-be buyers should know about their own obligations to maintain energy-efficient upgrades or make ones of their own; potential tax savings or other financial incentives for making such changes; whether similar measures are being mandated, or considered, for owners of commercial properties.
Consider writing about:
The latest trends involving parklets. Are these an idea that has come and gone, or are they still popular in certain towns or regions? What are the pros and cons for restaurants or other businesses that may be interested in having a parklet? What should businesses know about local regulations and permits, maintenance obligations, and potential impacts on staffing, customer service, customer safety (involving either passersby or vehicles), and related liability issues? Additionally, what are common sources of opposition to parklets (whether from bicyclists, drivers, or nearby businesses – and their customers – who fear a loss in parking spaces), and how can pro-parklet people anticipate and respond to those concerns?