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Supreme Court of the United States › Landlords

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Jenner & Block

Client Alert: Supreme Court Won’t Be Taking on This Takings Case

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On June 30, the Supreme Court denied the petition for a writ of certiorari in GHP Management Corporation v. City of Los Angeles. The case arose out of a COVID-era eviction moratorium enacted by the City of Los Angeles which...more

Jenner & Block

Client Alert: Federal Circuit Denies Rehearing in Takings Case on Eviction Moratorium

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In a win for landlords, on June 6th, 2025, the Federal Circuit denied the government’s petition for panel rehearing and rehearing en banc in Darby Development Company, Inc. v. United States. Darby arose out of a nationwide...more

Greenberg Glusker LLP

California Supreme Court Affirms Alternative-Performance Cotenancy Clauses in Retail Leases

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The California Supreme Court upheld a shopping center cotenancy provision, which allowed the tenant to pay reduced rent if the center’s occupancy fell below a certain threshold, finding the lease provision was an enforceable...more

McGlinchey Stafford

Litigation Byte (October Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

Ballard Spahr LLP

Landlords’ Takings Clause Victory; Rent Control Updates for Montgomery County and Prince George’s County; Condo Conversion...

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As summer 2024 winds down, the implementation of new rent control laws has attracted much attention. Providing some respite from the summer’s rent control heat is a recent win for the multifamily industry coming from the...more

ArentFox Schiff

NYC’s Rent Stabilization Laws Upheld by Supreme Court in Light of Affordable Housing Challenges Nationwide

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On February 20, the US Supreme Court declined to hear challenges brought by rental unit owners to recent changes made to New York City’s Rent Stabilization Laws. Since these changes went into effect in 2019, news outlets have...more

Ballard Spahr LLP

ROFR Law, HID Tax Abatement, Rent Control Laws and Regulations, and SCOTUS Update

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Our recent Alert included details and updates on new Montgomery County rent control regulations, an expanded right of first refusal (ROFR) process, and our related advocacy efforts....more

ArentFox Schiff

10 Legal Challenges for the Cannabis Industry in 2023

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1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Cozen O'Connor

SCOTUS Goes to Mall of America: Court Recognizes Jurisdiction Over Appeals of Bankruptcy Sale Orders

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In August 1992, the largest indoor shopping mall in the continental United States opened to great fanfare in suburban Minneapolis, Minnesota. Dubbed the Mall of America (MOA), this sprawling retail center enjoyed 330 stores,...more

BCLP

Briefcase Quarterly Real Estate Case Update: Special Supreme Court Edition - March 2023

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BARTON V MORRIS: Supreme Court refuses to award commission for £6m residential property sale - Mr Barton had made two failed attempts to purchase a property in Northolt, costing him almost £1.2m in forfeited deposits....more

Harris Beach Murtha PLLC

New York State Eviction Moratorium Extended through 1/15/2022

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In order to address the August 31, 2021 expiration of various New York State eviction and foreclosure moratoria, and in light of the United States Supreme Court’s (SCOTUS) recent invalidation of certain provisions of New York...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need to Know (Spanish) - August 2021

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DESALOJOS RESIDENCIALES: LO QUE LOS INQUILINOS NECESITAN SABER- A partir del 30 de agosto de 2021- IMPEDIMENTO DE ACCESO- ¿Pueden impedirme el acceso a mi hogar durante la emergencia sanitaria por COVID-19?...more

Nossaman LLP

SCOTUS Says Eviction Bans Intrude on a Fundamental Element of Property Ownership

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The U.S. Supreme Court ruled last week that the Centers for Disease Control and Prevention (CDC) exceeded its authority when it imposed a national eviction moratorium. More precisely, in Alabama Association of Realtors v....more

Harris Beach Murtha PLLC

U.S. Supreme Court Vacates Stay of Enforcement on Eviction Moratorium Decision

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The U.S. Supreme Court (SCOTUS) has again determined that the Centers for Disease Control and Prevention (CDC) lacks the authority to institute a nationwide prohibition of evictions under the guise of preventing the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Alabama Ass’n of Realtors v. Department of Health and Human Services

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On August 26, 2021, the U.S. Supreme Court decided Alabama Ass’n of Realtors v. Department of Health and Human Services, holding that it strains credulity to read the statute on which the federal Centers for Disease Control...more

Harris Beach Murtha PLLC

U.S. Supreme Court Strikes Down CDC Eviction Moratorium

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In a 6-3 Ruling, the United States Supreme Court struck down late yesterday the recent CDC nationwide eviction moratorium as overreaching by the CDC and exceeding its authority. In Alabama Association of Realtors, et al. v....more

Miller Canfield

CDC Eviction Moratorium: The Final Word

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The United States Supreme Court nullified a nationwide residential eviction moratorium that has been in place for nearly a year. Alabama Association of Realtors v. U.S. Department of Health and Human Services, 594 U.S. ----...more

Cadwalader, Wickersham & Taft LLP

See You in September August 2021: U.S. Supreme Court Holds That CDC Exceeded Its Authority in Issuing Eviction Moratorium

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On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention’s latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential...more

Perkins Coie

The U.S. Supreme Court Partially Enjoins Enforcement of New York’s Eviction Moratorium

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Eviction moratoria are increasingly challenged in the courts. On August 12th, the U.S. Supreme Court issued an order partially enjoining enforcement of New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of...more

Harris Beach Murtha PLLC

Additional Eviction Obstacles For New York Landlords

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A federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) that was scheduled to expire on July 31, 2021, has recently been extended, but faces some serious challenges and is causing...more

Levenfeld Pearlstein, LLC

Illinois Apartment Owners File Lawsuit Disputing CDC’s Latest Eviction Moratorium

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Previously, we informed you regarding the CDC’s extension of the nationwide eviction ban, which is now set to expire on October 3, 2021. The eviction moratorium expired at midnight on July 31, only to be renewed on August 3...more

Morrison & Foerster LLP

Supreme Court Strikes Key Provision Of New York’s Anti-Eviction Law

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On August 12, 2021, the United States Supreme Court agreed on procedural due process grounds to halt enforcement of part of New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”), which is...more

Buchalter

Buchalter COVID-19 Client Alert: Supreme Court Holds That in Applying COVID-Related Stays of Eviction Proceedings, Landlords Must...

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On August 12, in a 6-3 decision, the U.S. Supreme Court issued an order enjoining the portion of a New York State statute which provided that tenants could establish that they had suffered COVID-related economic hardship by...more

Cadwalader, Wickersham & Taft LLP

Summer Reading July 2021 - COVID-19 Update: Supreme Court Denies Request to Lift CDC’s Eviction Moratorium

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On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). Originally...more

Lowenstein Sandler LLP

Make The CARES Act Eviction Moratorium Fair To Landlords

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In spring 2020, the CARES Act placed a partial moratorium on residential evictions across the country. The order prohibited residential landlords nationwide from evicting certain tenants. On Sept. 1, 2020, the Centers for...more

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