Category Archives: Real Estate

Roy L. Kaufmann Testifies before the D.C. City Council on proposed TOPA legislation

Roy L. Kaufmann, from the Firm's Real Estate Group, testified before the D.C. City Council's Committee on Housing and Neighborhood Revitalization on behalf of the D.C. Land Title Association.  He testified on a proposed legislation to amend the Tenant Opportunity to Purchase Act (TOPA) called the TOPA Accessory Dwelling Act of 2017. REDLINE of DCLTA-requested revisions vs. current law 9-8-17... Read More >

New Emergency and Proposed Inclusionary Zoning Regulations

The Department of Housing and Community Development (DHCD), which oversees the Inclusionary Zoning program in DC, has new proposed regulations relating to Inclusionary Zoning.  The nature of these Emergency and Proposed regulations, can be found here.  Although the regulations are called “proposed”, they are effective.  Public comment ends on September 30.  If you care to make any comments, you... Read More >

Congratulations to our Best Lawyers in America © 2018!

Jackson & Campbell would like to congratulate our Best Lawyers in America © for 2018 Arthur D. Burger, Ethics and Professional Responsibility Law David H. Cox Litigation - Real Estate; Real Estate Law William E. Davis, Litigation - Trusts & Estates; Trusts & Estates Roy L. Kaufmann, Real Estate Law James P. Schaller, Commercial Litigation; Ethics and Professional Responsibility Law... Read More >

Right of First Refusal Must Be In Writing

The United States District Court for the District of Columbia restated the fundamental principle that in order for a right of first refusal to be enforceable, it must be in writing under the Statute of Frauds.  A tenant under a restaurant lease sued its landlord when the latter sold the real property in which the leased premises was located without... Read More >

Headstrong HOA Board Member Puts Himself in Harm’s Way Over Fair Housing Issues

In a recent case decided by the D.C. Court of Appeals, the court heard a matter involving the intersection between community association governance and fair housing law.  In this case, Wilfred Welsh, a board member of the Chaplin Woods Homeowners Association (the “HOA”), sued fellow HOA members Beverly McNeil and Alvin Elliott (the “McNeils”), claiming that the McNeil’s violated the... Read More >

Court Provides Guide For Defining Property In A Takings Case

St. Croix has a regulation that prohibits the owners of two neighboring properties along the St. Croix River from being separately sold or built upon unless each property has at least an acre of developable land. The Murrs owned two such parcels, each with less than an acre available to be developed. The Murrs wanted to sell one of the... Read More >

POSTED: Murr v. Wisconsin

Court Rules That District Courts Can Hear Mixed Cases Dismissed For Lack Of Jurisdiction, Over Justice Gorsuch’s First Dissent

In Perry v. Merit Systems Protection Board, the Court had to determine which federal court could hear an appeal from the Board’s decision that it lacked jurisdiction to hear a federal employee’s case. When Perry was fired from his job with the U.S. Census Bureau, he claimed discrimination (making his case a “mixed” one), but then signed a settlement agreeing... Read More >

Emotional Support Animals in Cooperative Apartment and Condo Communities: What Every Association and Owner Should Know

An emotional support animal (commonly referred to as an “ESA”) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability. An ESA is not the same thing as a “pet”. Rather, for a resident of a Coop or Condo who is living with a mental or psychiatric disability,... Read More >

Are You Ready? DC’s Overhauled Zoning Regulations Become Effective September 6

DC’s new zoning regulations – referred to as “ZR16” – become effective September 6.  They are the product of a multi-year review by the Zoning Review Taskforce of the original zoning regulations enacted in 1958 and amended or updated through a patchwork process in the succeeding decades.  The Zoning Review Taskforce was comprised of representatives of the DC Government, the... Read More >

MD: Montgomery County Recordation Tax Changes Effective September 1

James E. Babb, Tax Operations Manager for the Montgomery County Department of Finance, issued a memorandum explaining the revisions to the law concerning recordation tax, which goes into effect on September 1, 2016. He has included 12 examples which are intended to help the public understand their interpretation of the new law as it pertains to recordation tax calculations. A copy of Bill 15-16 can... Read More >

VA: Foreclosure Purchasers Face New Potential Hurdle In Virginia

In Parrish v. Federal National Mortgage Association, the Virginia Supreme Court ruled 5-2 that when a defendant raises a bona fide question of the plaintiff's title in an unlawful detainer/ejectment action before the General District Court, that court loses subject matter over the case and the plaintiff must vindicate its title in the Circuit Court, thereby creating another... Read More >