Jay Harris

Check out my update on HUD revised floodplain management regulations!

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In a recent decision, the Virginia Court of Appeals clarified key aspects of the CARES Act as it applies to eviction actions in Virginia. This ruling impacts landlords, property managers, and tenants in properties covered by the CARES Act, helping to distinguish between filing an eviction and requiring a tenant to vacate. Learn more from Offit Kurman, P.A. attorney Anders Sleight on how this decision may affect eviction proceedings in Virginia: https://lnkd.in/emyistDR #EvictionLaw #VirginiaLandlords #TenantRights #RealEstateLaw

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USPTO issues final rule on the Director Review process, effective on October 31, 2024. The Director Review process is an important way for parties to request rehearing of certain PTAB decisions. The final rule formalizes key aspects of the interim Director Review process and provides that a party to an AIA proceeding may request Director Review in that proceeding of any: 1. decision on institution  2. final decision (defined as a final written decision in an inter partes or post grant review proceeding or a final decision in a derivation proceeding)  3. decision granting rehearing of a decision on institution or a final decision  4. other decision concluding an AIA proceeding It is also worth remembering that Director Review is a process taken in response to the 2021 Supreme Court decision in United States v. Arthrex holding that the structure of the Patent Trial and Appeal Board (PTAB) violated the Appointments Clause of the Constitution.

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**Small Business Compliance Guidance Now Available for DOJ's Final Rule on Website Accessibility for State and Local Governments: https://lnkd.in/etfWXJ6V -Advocacy is working with DOJ on an online event in July to help small governments comply with this final rule. Please send me any questions you may have on compliance, and I will forward them to DOJ in preparation for this event.  My email is: [email protected] #ADA #websites #accessibility #TitleII #smallbusiness #compliance guide

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🚨 Case Update: NELF Defends Proper Legal Process for Zoning Regulations in Massachusetts 🚨 The New England Legal Foundation (NELF) has filed an amicus brief in the Massachusetts Supreme Judicial Court, supporting the Town of Milton in Attorney General v. Town of Milton (SJC-13580). This case challenges the enforceability of zoning "guidelines" issued by the Executive Office of Housing and Livable Communities (EOHCL) under the MBTA Communities Act. Our stance? 📢 These guidelines are unenforceable because they were not properly issued under the state's Administrative Procedures Act (APA). The APA ensures that important regulations, like those affecting housing, are subject to public input and transparency. At NELF, we believe in promoting fair, transparent government processes—and this case is a crucial step in protecting those principles. Learn more about our work and this important case: https://lnkd.in/eEGbtjtG #LegalUpdate #MassachusettsLaw #HousingRegulations #ZoningLaw #FairProcess #AdministrativeLaw #AmicusBrief #NELF

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With our partners Secure Families we applaud an NC appellate court’s decision to dismiss a lawsuit that sought to block eligible overseas voters. This ruling ensures the lawful votes cast by the family members of our service members will be counted. https://lnkd.in/eEdA4Wu5 Federal and NC laws give adult US citizens with ties to North Carolina—including the adult children of US troops deployed around the world—the right to vote in state & federal elections. This lawsuit challenged a state law that has worked well for more than a decade. We’re grateful that courts rejected lawsuits targeting military and overseas voters in MI, NC, and PA. Our deployed military & families already face many hurdles when voting. Efforts to challenge their lawful votes run contrary to our national values and their service to our country. Protecting the voting rights of active duty service members & their families is a key reason we formed Count Every Hero. No American should seek to prevent them from voting. As long as any do, we will oppose those efforts. Learn more: https://lnkd.in/eFTZKJQF

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🚨 New Blog Alert 🚨 Did you know that switchblades are now legal in the state of Massachusetts? 🔗 Learn More: https://lnkd.in/eGNkgASY #legal #law #attorney #lawyer #TopazioLaw #knowyourrights

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Another big win for a TCPA defendant caught up in a DNC case here. A mortgage broker sued claiming NEXA Mortgage sent solicitation messages to his phone without consent but the court disagreed concluding the messages were sent for recruitment purposes. This is true even though a transactional fee would be charged by Nexa to the would-be loan officer in connection with subsequent transactions. Really interesting case here and one everyone should be aware of when looking for difference between marketing and informational calls under the TCPA... #dnc #marketing #sms #recruiting #smallbusiness #Compliance #deservetowi.

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Today the Federal Housing Administration and HUD Office of Housing finalized a rule that substantially narrowed its recently created cyber incident notification rule. The original rule, issued in May 2024 was extremely broad. Among other things, it required FHA notification for unlawful activity that actually or potentially threatened data or information systems, and any violation of information security policies or acceptable use policies. A notification rule this broad would lead to flood of reports and - not surprisingly - in September 2024 the FHA proposed narrowing the rule. The revised rule, which was finalized today, sets a more sensible and much higher bar for mandatory incident notification. It requires notice only for incidents that "actual[ly] harm to the confidentiality, integrity, or availability" of systems or data, and are "reasonably likely to materially disrupt or degrade" operations. This change makes the rule easier to apply and will avoid the need to report every minor and immaterial incident. https://lnkd.in/dmRMM9cF

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On November 13, New Hampshire Attorney General John Formella, alongside a bipartisan coalition of 46 Attorneys General, called on the FCC to tighten its Robocall Mitigation Database (RMD) processes to combat the rise in illegal robocalls and scams targeting U.S. consumers. Key Highlights: Why It Matters: - Over 144 million robocalls were made to the 603 area code in New Hampshire last year, with many being scams like tax debt reduction schemes and fraudulent payment reminders. Proposed Changes to the RMD: - Providers must submit accurate, validated information with clear deadlines. - Strengthened vetting to identify and block false or misleading submissions. - Penalties for non-compliance, including revocation of authorization to operate. The Problem: - Since its launch in 2021, the RMD has allowed bad actors to exploit loopholes and access the U.S. telephone network through non-vetted registrations. - Voice service providers face no significant consequences for submitting false or incomplete data, enabling fraudulent robocall traffic. Expected Outcomes: Blocking non-compliant providers and tightening the system will limit scammers' access and reduce fraudulent calls reaching U.S. consumers. This collective action underscores a nationwide commitment to curbing robocall fraud and protecting Americans from harassment. For more updates on consumer protection and regulatory actions, follow Global Regulatory Insights. Image: leadsrain #ConsumerProtection #Robocalls #FCC #ScamPrevention #TelecomRegulation #GRI

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JUST RELEASED: 4th Round Affordable Housing Obligations; 84,698 New Units Needed Notice from the New Jersey Department of Community Affairs "The Department of Community Affairs (DCA) is pleased to provide the non-binding calculations of municipalities’ present and prospective need for affordable housing using the formulas outlined in P.L 2024, Chapter 2. DCA carefully analyzed the data sources contained in the law and produced an analysis that provides a fair and accurate presentation of the affordable housing responsibilities established by the legislation that Governor Murphy signed in March 2024. The Department’s publication of the calculations by the October 20, 2024 deadline reflects DCA’s commitment to providing all 564 municipalities with the data, information, and support they need to meet their affordable housing responsibilities under the law. The calculations give municipalities and developers more certainty, which enables smarter planning around where housing should be built. Click here to view the affordable housing calculations and a description of the methodology employed to produce the numbers.

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Maryland landlords and property managers, please join us TODAY for a webinar to learn how the new Renters’ Rights and Stabilization Act of 2024 will impact your rental operations. Offit | Kurman Attorney Todd Kelting will provide actionable guidance on how to navigate the law’s new tenant purchase rights, security deposit changes, updates to the eviction process, and more. This FREE webinar will offer clear takeaways to help you stay compliant, avoid costly mistakes and adapt your leasing and property management practices with confidence in this evolving legal landscape. Follow this link to register: https://lnkd.in/egQnJYed

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The lawsuit filed by the ACLU and HSSK challenging Connecticut’s pay-to-stay law has been resolved, but not before it resulted in major reforms protecting the financial rights of formerly incarcerated individuals. Key outcomes from the case include: ➡ In response to the filing of the action, the state amended the carceral lien statute to exempt all civil recoveries and $50,000 of a former inmate’s assets from collection by the state. ➡ The state agreed to withdraw its liens and collection efforts against the inheritances of the three named plaintiffs. Because the court determined that assessing what constitutes an excessive fine under the United States Constitution requires assessing each individual’s circumstances, the resolution was limited to the three plaintiffs rather than more broadly to similarly situated individuals. This is a significant step forward for justice and financial security for those impacted by incarceration in Connecticut! #JusticeReform #ACLU #FairnessForAll #probono #Connecticut

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📚 NOW AVAILABLE! 📚 Authored by seasoned practitioners with deep-rooted experience in Maryland's real estate landscape, Residential Real Estate Transactions provides a thorough examination of essential topics, including: 💰 the beginning stages of a sale, 📝 contracts, 📁 title insurance, 🏦 lender involvement, 🏃 pre-closing hurdles, 📈 settlement intricacies, and federal tax implications!  This book serves as an indispensable resource for attorneys seeking clarity and guidance in their practice.

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#RealEstate attorneys Nellie Shipley Sullivan and Lindsey Grubbs co-authored a Law360 article on #Georgia's new #law restricting #foreign ownership of #land in the state, emphasizing the need for enhanced #duediligence by industry players. The article underscores the importance of thorough checks to prevent #violations and highlights potential impacts on #property #transactions and passive ownership.

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FHA Publishes Final Rule for Modernization of Engagement with Mortgagors in Default in the Federal Register: "*This final rule updates the Department of Housing and Urban Development’s (HUD) current regulation (24 CFR 203.604) that requires mortgagees to meet in person with borrowers who are in default on their mortgage payments." *"The final rule allows for the use of electronic and other remote methods of communication to satisfy HUD’s requirement to meet with a borrower who is in default. HUD’s updated regulation will align with advances in electronic communication technology and borrower engagement preferences while preserving necessary consumer protections." *The provisions in this final rule become effective on January 1, 2025." "FHA will soon post a draft of the Mortgagee Letter (ML) that will implement the provisions of the rule on the Single Family Housing Drafting Table for stakeholder feedback. Following the feedback period, FHA will carefully consider all feedback received before publishing a final ML."

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