Posts in Residential Real Estate
Court Vacates FinCEN’s Residential Real Estate Reporting Rule

In Merrily We Roll Along, placing the orchestra above the stage brings the source of the music into full view. FinCEN’s Real Estate Reporting Rule, which recently was vacated by a Florida federal court, had a goal of moving hidden participants in real estate transactions into view when property is acquired through an entity or trust in a transfer not financed with using a traditional mortgage. The orchestra in Merrily voluntarily placed itself in full view, but FinCEN didn’t make reporting optional – it forced parties with legitimate reasons for establishing limited liability companies and trusts to report their ownership. Since the Florida decision likely will be appealed, parties that use entities to require real estate in transactions not financed by traditional mortgages should be aware that privacy is not guaranteed in the future.

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Rent Control - What the Data Doesn't Show

Measuring the success of a rent control program can be elusive and data can be misleading. Complaint-driven data reveals only the effect on on tenants who choose to file complaints. The data doesn’t reveal whether other tenants didn't file complaints because they weren’t aware of the program or because they believed they were treated fairly. Rent control data frequently doesn't consider the cost of administering the program as compared to other options, such as rent subsidies. And most rent control data doesn't evaluate the indirect economic impacts rent control has on the quality and quantity of housing supply.

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Many Residential Real Estate Purchases Must Be Reported to FinCEN under New Rule

Effective December 1, 2025, FinCEN is expanding anti-money laundering reporting beyond a few “high-risk” markets to all entities purchasing residential real estate without financing from a bank or certain institutional mortgage lenders.

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