The Fair Housing Act – The More Things Change, the More They Stay the Same
We’ve written many times about the Fair Housing Act and assistance animals, most recently on April 29, 2013. Full Story
Real Estate & Construction
Demise of the "de Minimis" Exception to Prevailing Wage Requirements?
The legislature is considering adopting a statute that would require workers on private projects to be paid prevailing wage if public subsidies exceed the lesser of $10,000 or 1% of the project cost. Full Story
HOA Can Pass On Late Fees to a Member and Lien for Nonpayment of Assessments
Question: I would like to know what rights a Florida homeowners’ association has to enforce collection of assessment from the individual members. Full Story
Loan Modification and the Failure to Mitigate Damages
Freddie Mac has announced the immediate implementation of its Streamlined Modification program, a no-document modification program offered to severely delinquent borrowers. Full Story
Temporary Regulatory Takings Do Exist in California!
Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Full Story
Recent Application of “Betterment” Defenses – Getting No More Than You Bargained For
It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of bringing the structure back to its “original condition,” plus costs of business interruption and/or loss of use – i.e. “delay damages.” Full Story
Estoppel Certificates: Be Careful What You Sign
If you are a landlord or tenant, or you represent landlords or tenants, then you are probably familiar with estoppel certificates. Full Story
Remember GINA?: EEOC Settles Its First GINA Law Suit
The Genetic Information Nondiscrimination Act (GINA) passed in 2008. Since then, most of the discussion benefit plan professionals have had regarding GINA has focused on HIPAA notice requirements and compliance with GINA restrictions in wellness plans. Full Story
DOJ Announces a $2.5 Million Fair Housing Act Settlement
Last week, the U.S. Department of Justice (DOJ) reported that a parish (what most of the rest of the country refers to as a county) in Louisiana agreed to a settlement valued at more than $2.5 million to conclude lawsuits filed by the United States and various private plaintiffs alleging that the parish sought to restrict rental housing to African Americans in the aftermath of Hurricane Katrina. Full Story
Union Rep May Accompany OSHA Investigator During Safety Inspections
On April 5, 2013, OSHA issued an interesting opinion providing that employees at non-union workplaces may designate a union representative to accompany OSHA’s investigators during inspections. Full Story
