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Category Archives: Legislative Update

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Top 10 Things You Should Know About Historic Tax Credits

Posted in Development Issues, Legislative Update, New Urbanism, Tax Credit Issues, Tax Issues
Earlier this fall, the National Park Service celebrated the 35th anniversary of the popular Federal Preservation Tax Incentives Program, which has helped in the preservation of historic structures across the U.S. and particularly in Ohio with its wealth of historic buildings. Because of the program’s numerous possible benefits and its important role in fueling economic … Continue Reading

Ohio Village Adopts State’s First “Community Bill of Rights” to Prevent Shale Development

Posted in Legislative Update
  Recently, the Yellow Springs Village Council voted to adopt a “Community Bill of Rights” ordinance banning shale gas drilling and related activities in the village. The Bill of Rights declares the fundamental rights of residents to clean air and water, and to protect the rights of nature.    Yellow Springs is the first municipality … Continue Reading

Reminder: Statutes Require Residential Builders to Provide Certain Notice to Home Buyers

Posted in Construction Related Issues, Legislative Update
Ohio and Kentucky statutes require residential builders to provide certain notice to home buyers.  While there is no new law on this, the construction attorneys of Ulmer & Berne LLP have seen this issue come to light many times this past year; thus, prompting this refresher alert on Ohio and Kentucky notice statutes. Both Ohio and … Continue Reading

Ohio Public Construction Reform – Update

Posted in Construction Related Issues, Legislative Update
      New rules promulgated under Ohio’s Public Construction Reform (the “Reform”) have been released by the Joint Committee on Agency Rule Review.  The new rules include:   (1) Rules for Prequalification of Prospective Bidders on Subcontracts; (2) Rules for Best Value Selection of Construction Manager and Design-Build firms; and (3) Rules for the Form … Continue Reading

Until Death Do Us Part

Posted in Conveyancing, Legislative Update
Commencing January 1, 2012, legal, real estate and insurance professionals will be required to advise clients of KRS 381.280 which creates a forfeiture of property rights for the taking of the life of a party in interest to the same prior to such parties executing deeds and other documents in question. It works like this: … Continue Reading

Ohio’s Public Construction Reform to Take Effect, In Part, September 28, 2011

Posted in Construction Related Issues, Legislative Update
The Ohio Legislature passed House Bill 153 on May 5, 2011. H.B. 153—a budget bill—which includes significant changes for Ohio’s public construction projects. Some changes will become effective on September 28, 2011, but others are forecast to become effective in early 2012. As such, we will have to wait a while longer to experience the full effect … Continue Reading

Change the Locks !!!!

Posted in Leasing Issues, Legislative Update
The Illinois General Assembly has recently amended the Landlord and Tenant Act   to add a new requirement for landlords:  when a unit changes over to a new tenant the locks must be changed or rekeyed.  This applies to dwelling units only.  The Act is not applicable for dwelling units in a building of 4 units … Continue Reading

Sales Tax Alert

Posted in General Business Issues, Legislative Update, Property Management Issues, Tax Issues
The Ohio Department of Taxation has been enforcing the obligation to pay sales taxes by contractors and property managers for services received when the invoices do not separately identify sales tax as a specific line item.  Look at all of the invoices received for any services contracted for and make sure that sales taxes are separately … Continue Reading

Necessity for Fair Housing Act Compliance Amplified by Recent Court Rulings

Posted in Construction Related Issues, Legislative Update, Litigation Issues, Real Estate Tools
The Situation: Certain covered dwellings that are not designed or constructed in strict compliance with the Fair Housing Act are increasingly subject to suit, with strict liability befalling developers, designers, and contractors alike.  In fact, contractors are strictly liable for FHA violations even if they correctly follow a designer’s noncompliant drawings.  Further, courts across America are … Continue Reading

Necessity for Fair Housing Act Compliance Amplified by Recent Court Rulings

Posted in Construction Related Issues, Legislative Update
 The Situation: Certain covered dwellings that are not designed or constructed in strict compliance with the Fair Housing Act are increasingly subject to suit, with strict liability befalling developers, designers, and contractors alike.  In fact, contractors are strictly liable for FHA violations even if they correctly follow a designer’s noncompliant drawings.  Further, courts across America are … Continue Reading

FIRST-TIME HOMEBUYER TEMPORARY FEDERAL TAX CREDIT EXTENDED AND EXPANDED FOR MILITARY FAMILIES

Posted in Finance Issues, Legislative Update, Real Estate Tools
Thank you to our friend Drew Stacey of First Place Bank for reminding us of the extension of the The First-Time Homebuyer Credit for the benefit of Military families for an additional year through May 1, 2011.  According to the IRS: "In general, you can claim this credit if: You bought your main home in the United … Continue Reading

The Commercial Real Estate Loan Market, Part 3:Opportunities

Posted in Finance Issues, Legislative Update
Parts 1 and 2 of this series on “The Commercial Real Estate Loan Market” examined differing views on the fallout of current and anticipated loan failures in the commercial real estate (“CRE”) industry. While all agree that losses will be significant, just how significant remains to be seen. Unfortunately, we don’t have a crystal ball … Continue Reading

The Commercial Real Estate Loan Market, Part 2: The Cloudy with Clearing Skies Ahead Scenario

Posted in Finance Issues, Legislative Update
In contrast to the recent position taken by the Congressional Oversight Panel in their February 10, 2010 report mentioned in Part 1 of this series, there are economists, businesspeople and policymakers who have a less bleak forecast for the commercial real estate (“CRE”) loan market. One such example of this “non-crisis” position was presented in … Continue Reading

The Commercial Real Estate Loan Market, Part 1: Cloudy with a Chance of Crisis

Posted in Finance Issues, Legislative Update
The commercial real estate (“CRE”) loan market is floundering and is expected to increasingly experience high levels of losses over the next several years. The question on interested minds is whether the fall-out from CRE loan failures will mimic the devastation caused by the crisis in the residential mortgage loan market. Recently, the Congressional Oversight … Continue Reading

ODOD Announces Start of “Making Efficiency Work” Funding

Posted in Green Energy Issues, Legislative Update
The Ohio Department of Development has announced the availability of $8,000,000 in grant funding for qualifying energy efficiency projects undertaken at existing multi-family, commercial, and institutional buildings. The goal of the program is to encourage the installation of energy efficiency equipment that will measurably improve the energy efficiency of existing multi-family, commercial, and institutional buildings. The program … Continue Reading

Buy Swampland in Florida? Or, just a Bad Case of Buyer’s Remorse? Discontent with Interstate Land Sales Full Disclosure Act

Posted in Conveyancing, Development Issues, Interstate Land Sales Full Disclosure Act, Legislative Update
     “I have some prime swampland in Florida to sell you” is a slang expression used to poke fun at the gullibility of a person. This saying is based on events of the 1960s and 1970s where local scammers would attempt to induce out of state purchasers to acquire “lucrative” land which, in reality, … Continue Reading

Legislation Introduced to Create Condominium “Super Lien” in Ohio

Posted in Condominiums, Legislative Update
Representatives Ken Yuko and Brian Williams recently introduced House Bill 408, which would create a condominium “super lien” in Ohio. Ohio condominium associations currently have the right to lien a condominium owner’s unit for unpaid assessments; however, that lien almost always sits behind the first mortgage lien. When the unit is foreclosed upon and sold at sheriff’s … Continue Reading

Yes, The U.S. Immigration Laws Apply to the Real Estate Industry

Posted in International, Legislative Update
The federal government recently announced several changes to U.S. immigration legislation. Two key topics involve increased enforcement efforts of the Immigration and Customs Enforcement (ICE) and changes in request for prevailing wage procedures.  Preparing for an I-9 Audit or Inspection Immigration and Customs Enforcement (ICE) has significantly increased its enforcement efforts with respect to undocumented workers and … Continue Reading
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