Recent Articles from All Practice Groups
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Supreme Court Clarifies Expert Psychiatric Assistance In Indigent Defendant Cases
The Court had previously held in Ake v. Oklahoma, 470 U.S. 68 (1985), that when an indigent defendant’s mental condition is relevant to his criminal culpability, the State must provide that defendant with access to a mental health expert who is sufficiently available to the defense, and independent from the prosecution, to conduct a psychiatric examination and “assist in evaluation, ... Read More
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SCOTUS: Disparaging Trademarks Have First Amendment Protection
The Lanham Act has a provision prohibiting the registration of trademarks that “disparage . . . or bring . . . into contemp[t] or disrepute” and “persons, living or dead.” Simon Tam, lead singer of the Japanese rock band “The Slants” sued when the band’s name was denied registration. The Federal Circuit held that the disparagement clause was facially unconstitutional ... Read More
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Supreme Court Rejects Gender-Based Differentiation In Immigration Law
The Immigration and Naturalization Act provided that a child born abroad to a father who was a U.S. citizen and a mother who was not was eligible for U.S. citizenship if the father had spent ten years in the U.S., with at least five of those years after turning 14. If the mother was the U.S. citizen, however, the mother ... Read More
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Justice Gorsuch’s First Majority Opinion Is A Win For Debt Purchasers
In Henson v. Santander Consumer USA, Inc., Justice Gorsuch authored the unanimous decision in a decidedly conversational tone, holding that an entity that purchases another’s debt and then seeks to collect that debt is not a “debt collector” under the Fair Debt Collection Practices Act, and thus is not beholden to that Act’s strictures for debt collection. The Act defines ... Read More
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Emotional Support Animals in Cooperative Apartment and Condo Communities: What Every Association and Owner Should Know
Please note: This article has been updated and can be found here. An emotional support animal (commonly referred to as an “ESA”) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability. An ESA is not the same thing as a “pet”. Rather, for a resident of a ... Read More
TAGGED: Emotional support animals, coops, condos
Emotional Support Animals in Cooperative Apartment and Condo Communities: What Every Association and Owner Should Know
By DAVID A. RAHNIS An emotional support animal (commonly referred to as an “ESA”) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability. An ESA is not the same thing as a “pet”. Rather, for a resident of a Coop or Condo who is living with a mental ... Read More
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Commercial Tenant’s Lease – Estoppel and Attornment Considerations
A standard provision of commercial lease agreements is an agreement by the Tenant to execute estoppel certificates, and to attorn to a lender. An estoppel certificate is a statement from the tenant to either a lender or a prospective purchaser that clarifies: what property is leased (often includes square footage) the length term of the lease that the lease has or ... Read More
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Forgiven Debt – Taxable to the Borrower?
Generally, if a borrower is required to pay a sum certain at a specific time, the obligation is considered “debt” under the Internal Revenue Code. If the lender forgives a portion, it has “cancelled” the debt and the borrower must declare and take into income the dollar amount cancelled. A lender may unilaterally decide that a debt is not collectable ... Read More
TAGGED: bankruptcy, irs, taxes, 2016 taxes, 2017 taxes, chapter 11, chapter 7, debt, Federal taxes, tax
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Attorneys Quoted in Legal Description Article
Roy Kaufmann and Brian Thompson, attorneys here at Jackson & Campbell, P.C., were in The Legal Description article "Trump Victory Opens Door for Industry Changes." ... Read More
TAGGED: news
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Under TOPA, a Bona Fide Offer Cannot Be Based on Future Market Value
On September 22, 2016, in Parcel One Phase One Assoc.., LLP v. Museum Square Tenants Ass’n., Inc., No. 15-CV-609, the District of Columbia Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the tenants’ association that Parcel One’s offer of sale was not a ... Read More
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Work In Progress – Further Technical Modifications to ZR16
The Office of Planning recommended last Friday to the Office of Zoning further revisions to the new zoning regulations that became effective on September 6, 2016 (“ZR16”). Such revisions notably include changes to measurements such as lot occupancies. The proposed revisions (found here) will be considered on September 12 ... Read More
TAGGED: DC Zoning, DC’s new zoning regulations, ZR16
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Are You Ready? DC’s Overhauled Zoning Regulations Become Effective September 6
DC’s new zoning regulations – referred to as “ZR16” – become effective September 6. They are the product of a multi-year review by the Zoning Review Taskforce of the original zoning regulations enacted in 1958 and amended or updated through a patchwork process in the succeeding decades. The Zoning Review Taskforce was comprised of representatives of the DC Government, the ... Read More
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MD: Montgomery County Recordation Tax Changes Effective September 1
James E. Babb, Tax Operations Manager for the Montgomery County Department of Finance, issued a memorandum explaining the revisions to the law concerning recordation tax, which goes into effect on September 1, 2016. He has included 12 examples which are intended to help the public understand their interpretation of the new law as it pertains to recordation tax calculations. A copy of Bill 15-16 can ... Read More
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VA: Foreclosure Purchasers Face New Potential Hurdle In Virginia
In Parrish v. Federal National Mortgage Association, the Virginia Supreme Court ruled 5-2 that when a defendant raises a bona fide question of the plaintiff's title in an unlawful detainer/ejectment action before the General District Court, that court loses subject matter over the case and the plaintiff must vindicate its title in the Circuit Court, thereby creating another ... Read More
US: Divided Court Preserves Circuit Split On Spouse’s Defense Under Equal Credit Opportunity Act
In a one-sentence ruling, the Court affirmed the decision of the U.S. Court of Appeals for the Eighth Circuit in Hawkins v. Community Bank of Raymore, leaving a circuit-split unresolved in its wake. In that case, PHC Development, LLC was the borrower under a note, which was unconditionally guaranteed ... Read More
TAGGED: Equal Credit Opportunity Act, scotus
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Consider Carefully The New Certification Required Under The Revised D.C. FP7
The D.C. Recorder of Deeds announced today that it has revised the Real Property Recordation and Transfer Tax Form FP 7/C (herein “FP7C”). The purpose of this revision was to “contain a self-certification of compliance with tax payment, per DC Code § 42-407(2).” That statute, reprinted below, says that D.C. shall not record if any Transfer ... Read More
DC: 2016 Final Zoning Regulations Published
On March 4, 2016 the Zoning Commission of the District of Columbia, after scores of hearings and meetings, issued completely revised zoning regulations. The changes from earlier regulations are extensive and practitioners and laymen are encouraged to read the new regulations carefully. The new regulations will take ... Read More
DC Water Proposes Rules to Add New Fees for New Construction and Renovations
DC Water published proposed rules that would institute a System Availability Fee (“SAF”), targeting projects that require an increase in the size of the water connection for drinking water. DC Water, in its continuing effort to recapture infrastructure costs it has had ... Read More
Major Changes for Foreign Seller Transactions
Title professionals are familiar with the requirement to withhold 10% on sales of real property (including short-sales) by foreign nationals pursuant to the Foreign Investment in Real Property Tax Act (FIRPTA). Beginning on February 16, 2016, the percentage will increase to 15%. There are a few exemptions: On properties that sell for ... Read More
Maryland Court of Special Appeals: When A Foreclosure Sale Is Challenged
Noting that “in mortgage foreclosure law, as elsewhere, society’s interest in finality and repose is a weighty one,” in Devan v. Bomar the Maryland Court of Special Appeals ruled against a homeowner and found that her post-sale foreclosure challenge was too late. Mr. and Mrs. Bomar owned ... Read More
DC: Proposed Laws Challenge the Airbnb Model
Vincent Orange, Councilmember of the D.C. Counsel has introduced two bills that would directly challenge the Airbnb business model. The “Short Term Rental Regulation and Housing Protection Amendment Act of 2015” would establish a Special Enforcement Division with DCRA to regulate the industry, monitor compliance by the housing providers and ... Read More
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Analysis of Key Changes To GCAAR Documents
Analysis of Changes in 10/2015 Version Roy L. Kaufmann Jackson & Campbell, P.C. A well-formatted, printable .pdf of this article is available here. GCAAR SALES CONTRACT (GCAAR FORM 911) [1] General Comments The new GCAAR Sales Contract (here, we will call it the “Contract”, formerly called the “Regional Sales Contract”) to ... Read More
TAGGED: GCAAR
D.C. Court of Appeals: TOPA Extensions Must Be Defined To Preserve Tenant Rights
In an important new ruling construing the Tenants Opportunity to Purchase Act (“TOPA”), the D.C. Court of Appeals held on September 23, 2015, that extensions of the deadlines for a seller and a tenant association to negotiate a sales contract must be express and contain a definite end-date to ... Read More
Virginia Supreme Court Rejects Role of Juries in Title Insurance Bad Faith Claims
In a new opinion that merits review by anyone who underwrites title or defends title insurers in Virginia, a 6-1 majority of the Virginia Supreme Court held that Virginia Code sec. 38.2-209 requires that judges, not juries, make the determination of whether an insurer has acted in bad faith under ... Read More
DC Surveyor Office Fees
The DC Surveyor’s Office has announced changes in its fee structure. The new fee structure, revised as of July 2015, can be found here. ... Read More
Published Fourth Circuit Opinion On Maryland Credit Law Relies On Unpublished Opinion
In a published opinion that relied upon the reasoning of a previous unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit held in Gardner v. GMAC that the Maryland Credit Grantor Closed End Credit Provisions, Md. Code Ann., Com. Law sec. 12-1001, et seq., require borrowers to have repaid more than the original principal amount of their loans ... Read More
TAGGED: maryland, credit, Gardner v. GMAC
Conservation Lawsuit Revived—Whether Act Is Inconsistent With Another Law Does Not Deprive Court Of Jurisdiction
The Fourth Circuit again reversed dismissals under Rule 12(b) in Goldfarb v. Mayor and City Council of Baltimore, in a case regarding contamination claims brought under the Resource Conservation and Recovery Act, 42 USC sec. 6901, et seq. The City of Baltimore gave a parcel of land near the Patapsco River, formerly used for ... Read More
District Courts Have Original, But Not Exclusive, Jurisdiction Over Bankruptcy Issues
The decision in Houck v. Substitute Trustee Services, Inc. concerned a foreclosure sale that occurred after a bankruptcy petition had been filed and the automatic stay under 11 USC sec. 362(k) was in effect, but the panel opinion by Judge Niemeyer contains several important rulings that all litigators ... Read More
TAGGED: foreclosures, bankruptcy, Fourth Circuit
Mortgage Company’s Indemnification Claim Against Loan Officer Not Discharged In Bankruptcy
When Fidelity First Home Mortgage Company was found liable by a jury under the doctrine of respondeat superior when one of its loan officers engaged in a fraudulent foreclosure rescue scheme, it sued the loan officer seeking indemnification and contribution. The loan officer claimed that Fidelity’s claims were discharged ... Read More
U.S. Supreme Court: Same-Sex Marriage Is a Right
[caption id="attachment_315" align="alignright" width="150"] Photo Credit: US Rep. Mark Pocan Twitter[/caption] Coincidentally timed on the anniversary of the decisions in Lawrence v. Texas and U.S. v. Windsor, two prior gay-rights cases, Justice Kennedy announced the majority opinion in Obergefell v. Hodges, in which the five-person majority held that the Fourteenth Amendment requires all ... Read More
TAGGED: Supreme Court, gay marriage, marriage equality