Category Archives: Real Estate
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Southern District Heightens Lawyers’ Duties in Preventing Spoliation of Evidence by Clients
In Industrial Quick Search, Inc. et al. v. Miller, Rosado & Algois, LLP et al., January 2, 2018, the Southern District of New York issued a decision underscoring the importance of lawyers paying early attention to the need for imposing “litigation holds,” being proactive in ensuring compliance with such holds, and making a clear record of steps taken with ... Read More
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Art Burger to Moderate Panel at ABA National Conference
Arthur D. Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, will be the moderator on a Panel at the 44th ABA National Conference on Professional Responsibility. The panel will be on Friday, June 1 during the Conference in Louisville, KY from May 30-June 1 of 2018. Art’s Panel, When Clients Go Rogue will feature speakers Carol ... Read More
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Supreme Court Clarifies Which Deadlines Are Jurisdictional
In Hamer v. Neighborhood Housing Services of Chicago, the Court, in a unanimous opinion by Justice Ginsburg, set forth a clear and easy way to tell whether a deadline is jurisdictional, and cannot be waived or extended, or is merely a “claim-processing rule” that can be extended: deadlines provided by statute are jurisdictional, while deadlines provided by court rules are ... Read More
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Roy L. Kaufmann Testifies before the D.C. City Council on proposed TOPA legislation
Roy L. Kaufmann, from the Firm's Real Estate Group, testified before the D.C. City Council's Committee on Housing and Neighborhood Revitalization on behalf of the D.C. Land Title Association. He testified on a proposed legislation to amend the Tenant Opportunity to Purchase Act (TOPA) called the TOPA Accessory Dwelling Act of 2017. REDLINE of DCLTA-requested revisions vs. current law 9-8-17 ... Read More
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New Emergency and Proposed Inclusionary Zoning Regulations
The Department of Housing and Community Development (DHCD), which oversees the Inclusionary Zoning program in DC, has new proposed regulations relating to Inclusionary Zoning. The nature of these Emergency and Proposed regulations, can be found here. Although the regulations are called “proposed”, they are effective. Public comment ends on September 30. If you care to make any comments, you ... Read More
Congratulations to our Best Lawyers in America © 2018!
Jackson & Campbell would like to congratulate our Best Lawyers in America © for 2018 Arthur D. Burger, Ethics and Professional Responsibility Law David H. Cox Litigation - Real Estate; Real Estate Law William E. Davis, Litigation - Trusts & Estates; Trusts & Estates Roy L. Kaufmann, Real Estate Law James P. Schaller, Commercial Litigation; Ethics and Professional Responsibility Law ... Read More
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Wire Theft – Third Major Money Wiring Theft in DC Area. Stop, review your procedures and alert your staff today!
By: Roy L. Kaufmann I have become personally aware of THREE wire thefts affecting title companies in the immediate DC metro area. One, wherein fraudsters got away with over $1,500,000, was the subject of a recent lawsuit. This is affecting local title companies - ... Read More
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Right of First Refusal Must Be In Writing
The United States District Court for the District of Columbia restated the fundamental principle that in order for a right of first refusal to be enforceable, it must be in writing under the Statute of Frauds. A tenant under a restaurant lease sued its landlord when the latter sold the real property in which the leased premises was located without ... Read More
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Headstrong HOA Board Member Puts Himself in Harm’s Way Over Fair Housing Issues
In a recent case decided by the D.C. Court of Appeals, the court heard a matter involving the intersection between community association governance and fair housing law. In this case, Wilfred Welsh, a board member of the Chaplin Woods Homeowners Association (the “HOA”), sued fellow HOA members Beverly McNeil and Alvin Elliott (the “McNeils”), claiming that the McNeil’s violated the ... Read More
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Court Provides Guide For Defining Property In A Takings Case
St. Croix has a regulation that prohibits the owners of two neighboring properties along the St. Croix River from being separately sold or built upon unless each property has at least an acre of developable land. The Murrs owned two such parcels, each with less than an acre available to be developed. The Murrs wanted to sell one of the ... Read More
POSTED: Murr v. Wisconsin
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Court Rules That District Courts Can Hear Mixed Cases Dismissed For Lack Of Jurisdiction, Over Justice Gorsuch’s First Dissent
In Perry v. Merit Systems Protection Board, the Court had to determine which federal court could hear an appeal from the Board’s decision that it lacked jurisdiction to hear a federal employee’s case. When Perry was fired from his job with the U.S. Census Bureau, he claimed discrimination (making his case a “mixed” one), but then signed a settlement agreeing ... 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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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
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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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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
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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
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Online Filing – Income and Expense Report DC and Building Permits.
DC moves its technology forward to facilitate easy on-line filing. Commercial property owners can anticipate receipt of notification from OTR that on-line filing of Income and Expense forms is available. While online filing will be option for this year, it will be mandatory next year. The due date for the form remains unchanged: April 15. The paper forms are available at the OTR website ... Read More
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