In Cedar Point Nursery v. Hassid, the U.S. Supreme Court held that California's law requiring agricultural land owners to permit union organizers onto their land for up to 360 hours per year is unconstitutional. This labor law case may support similar claims that the CDC eviction moratorium was not just beyond the CDC's statutory authority but also was unconstitutional. Although the CDC eviction moratorium is over, Cedar Point serves as a cautionary tale for states and local governments wanted to impose similar moratoriums.
Read MoreMany people are concerned about a flood of evictions in the wake of the U.S. Supreme Court order that ended the CDC eviction moratorium. While some evictions are likely to happen, on the eve of that order, the Department of Treasury relaxed requirements to qualify for Emergency Rental Assistance, which should help some landlords and tenants who can't pay rent. And it's likely that state and local governments will react with their own eviction moratoriums to prevent an eviction crisis in their communities.
Read MoreEquity crowdfunding has become more popular due to recent increases in the annual fundraising limit in Regulation CF. However, due to other limitations in Regulation CF, Rule 506(c) usually is a better option for a real estate sponsor who wants to advertise its securities offering.
Read MoreEmployers can require COVID-19 vaccinations for most employees as a condition to remaining employed. Employees whose employment is terminated because they refused to get vaccinated usually will not be eligible for unemployment benefits.
Read MoreThe CDC Eviction Moratorium protected tenants from eviction until the U.S. Supreme Court ended it on August 26, 2021. However, the Moratorium's requirements didn’t protect tenants from rent increases. And because the Moratorium lacked standards to determine what tenants can afford and doesn't require them to provide financial documents, some tenants may have falsely claimed eligibility. This article serves as a cautionary tale about loopholes and pitfalls of COVID-19 eviction moratoriums generally.
Read MoreCash-on-cash returns are easy to calculate and can provide a basis to compare real estate investments to other investment types. Despite its usefulness, cash-on-cash return analysis is just one of many a prospective investor should use when deciding whether to invest.
Read MoreClients frequently ask their attorney to tell them what the law says about a situation. They view the attorney as little more than a translator from legalese into English. However, rarely is it adequate merely to change a law’s language to "plain English.” The attorney also needs to interpret the law’s intent and how it applies to the client’s circumstances.
Read MoreThe American Families Plan proposes ending the ability for investors to use Section 1031 to defer taxes on gains greater than $500,000. Business owners and real estate investors can take action now to minimize the tax impact of this and other proposed tax changes.
Read MoreThe American Families Plan would eliminate the stepped-up basis for many heirs.
Read MoreThe American Families Plan proposes the elimination of the long-term capital gains rate. If passed as proposed, these tax changes are likely to reduce transaction volume and shift real estate investment focus from long-term gains to short-term returns.
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