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|Landlords, No-Pet Clauses and Emotional Support Animals|
Jaime Michelle Cain; Boylan Code, LLP;
September 10, 2015, previously published on September 9, 2015I am often asked for advice by landlords who own a single apartment and property management groups who own multifamily apartment buildings alike, whether they need to accommodate a tenant’s request to have an emotional support animal in light of a no-pet policy at the premise.
|Mind Your Neighbor’s Use of Your Land|
Anthony L. Leccese; Rudolph Friedmann LLP;
September 10, 2015, previously published on September 8, 2015Usually, the right to make use of another’s land, such as for access, for parking, or for the installation and maintenance of a structure or utility line, is the result of a grant (either express or implied) by the owner to the person seeking such right. In the case of an express grant, the...
|Inclusive Communities: Supreme Court Recognizes Disparate-Impact Claims under FHA - Implications for Property Insurers|
Kathleen A. Birrane, David D. Luce, Peter S. Rice; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 8, 2015By a five-to-four margin, the Supreme Court of the United States has held that “disparate-impact claims are cognizable under the Fair Housing Act.” Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc., 576 U.S. -- (2015).
|Letters of the Law: 'P' is for Provisional Sums and Prime Costs|
Suzannah Newboult; DLA Piper (Canada) LLP;
September 9, 2015, previously published on August 7, 2015Provisional sums and prime costs are not terms of art. Provisional sums and prime costs are not concepts codified in the law. There is danger that one party's understanding of how to apply them may differ from the other. The solution is to define them and set out in the contract how to apply or...
|Letters of the Law: 'Q' is for Quality|
Suzannah Newboult; DLA Piper (Canada) LLP;
September 9, 2015, previously published on August 21, 2015As with many aspects of construction and engineering law, the answer lies in a well-drafted contract. Most standard form contracts simply require the contractor to execute and complete (and in some cases design) the works in accordance with the contract. The law says the same. A well-drafted...
|Letters of the Law: 'R' is for Retention|
DLA Piper (Canada) LLP;
September 9, 2015, previously published on September 4, 2015Contractors in Qatar are usually required to stump up an enormous 30% of the contract sum in security to the employer. This is more onerous than in most jurisdictions, and reflects the buying power of the client but also the need to protect against the risk that comes from engaging foreign...
|Important Tax Provisions of Extended Highway Trust Fund Act|
Pessin Katz Law P.A.;
September 4, 2015, previously published on September 3, 2015The “Surface Transportation and Veterans Health Care Choice Improvement Act of 2015" (P.L. 114-41, “the Act”) became law on July 31, 2015. Designed as a 3-month extension of the Highway Trust Fund and related measures, the Act includes a number of important tax provisions,...
|New Texas Law Lists Requirements for Condominium Defect Litigation|
Clayton C. Cannon, Collin G. Warren; Adams and Reese LLP;
September 3, 2015, previously published on August 25, 2015The Texas Legislature recently passed House Bill 1455 which addresses defect and design claims relative to condominiums and condominium associations. Among the key issues are a series of new steps that must be accomplished before a lawsuit is filed. The new law applies only to a suit filed or...
|An Analysis of Ohio's Proposed Deed-in-Lieu and Leaseback Program|
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
September 1, 2015, previously published on August 28, 2015On August 25, 2015, House Bill 303 was introduced into the Ohio legislature, proposing the creation of a program whereby a borrower can give its mortgage holder a deed in lieu of foreclosure and remain in possession of the property pursuant to a lease with the mortgage holder, while the borrower...
|Sixth Circuit Holds that Legal Entities are “Persons” Under the Fair Debt Collection Practices Act|
Patricia J. Scott; Foster Swift Collins Smith P.C.;
August 27, 2015, previously published on August 27, 2015Is a corporation a person? This oft-debated topic has been the subject of many legal disputes, and even found its way into the headlines during the 2012 presidential campaign. The U.S. Supreme Court recently, famously and controversially grappled with the issue of whether corporations are...