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thepeoplesbasics · 3 years

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THE BASIC BRIEF – AUGUST 27TH, 2021

In this week’s Basic Brief, we highlight the Supreme Court ending the eviction moratorium, the FDA approving the vaccine, healthcare workers protest in South Florida, and more. Also linked is all the content from The People’s Basics this week.

US SUPREME COURT ENDS CDC’S PANDEMIC RESIDENTIAL EVICTION MORATORIUMBY LAWRENCE HURLEY AND JAN WOLFE – REUTERS AUGUST 26TH, 2021“THE U.S. SUPREME COURT ON THURSDAY ENDED THE PANDEMIC-RELATED FEDERAL MORATORIUM ON RESIDENTIAL EVICTIONS IMPOSED BY PRESIDENT JOE BIDEN’S ADMINISTRATION IN A CHALLENGE TO THE POLICY BROUGHT BY A COALITION OF LANDLORDS AND REAL ESTATE TRADE GROUPS.”

RESEARCH SUGGESTS UNEMPLOYMENT CUTOFFS MAINLY MADE WORKERS POORER

By Arthur Delaney – Huffpost August 20th, 2021

“Jobless workers in states that cut federal benefits early had much less money but were only slightly likelier to have found jobs.”

FDA’S VACCINE APPROVAL LEADS PENTAGON AND OTHERS TO MANDATE IT

By New York Times – August 26th, 2021

“The defense secretary will order the country’s 1.4 million active-duty service members to be vaccinated. The federal approval could also have implications for state bans on vaccine mandates.”

GROUP OF SOUTH FLORIDA DOCTORS STAGE WALKOUT IN PROTEST OF UNVACCINATED COVID PATIENTS

By Brigid Kennedy – Yahoo August 23rd, 2021

“A group of around 75 South Florida doctors staged a walkout on Monday to protest the number of unvaccinated COVID-19 patients flooding their hospital in Palm Beach Gardens, Florida, MSNBC’s Morning Joe reports.”

DENVER’S HOUSING FIRST INITIATIVE A ‘REMARKABLE SUCCESS’

By Robert Davis – Invisible People August 23rd, 2021

“A five-year evaluation of Denver’s Social Impact Bond (SIB) program by The Urban Institute found the housing first initiative is a “remarkable success” at reducing chronic homelessness.”

SUPREME COURT ORDERS ‘REMAIN IN MEXICO’ POLICY REINSTATED

By Mark Sherman – August 24th, 2021

“The Supreme Court on Tuesday said the Biden administration likely violated federal law in trying to end a Trump-era program that forces people to wait in Mexico while seeking asylum in the U.S.”

9 WOMEN NOW SERVING AS GOVERNORS IN US, TYING A RECORD

By David A Lieb – AP News August 24th, 2021

“With Kathy Hochul officially taking the reins as New York’s governor, a historic number of women are currently leading U.S. states — a push towards equality and representation that could continue into next year’s midterm elections.”

CHOCTAW NATION GIVING MEMBERS $2,000 FROM STIMULUS

By Ben Winck – Business Insider – August 23rd, 2021

“The Choctaw Nation announced last week it will use funding from the American Rescue Plan to send additional relief payments, essentially a fourth stimulus check for its members. The Choctaw Nation isn’t the only tribe to send a fourth round of checks out; at least three other tribes have announced similar payment programs.”

SCIENTIST SAY CFC BAN BOUGHT US TIME TO FIGHT CLIMATE CHANGE

By Victoria Gill – BBC August 18th, 2021

“The Montreal Protocol on Substances that Deplete the Ozone Layer, banning chemicals such as chlorofluorocarbons, has now simulated our ‘world avoided’.”

COURT RESTORES VOTING RIGHTS FOR 55K FORMER FELONS IN NORTH CAROLINA

By Julia Conley – Common Dreams August 24th, 2021

“Voting rights advocates in North Carolina on Tuesday applauded a ruling by a panel of three state Superior Court judges for taking ‘the first step’ in restoring justice to tens of thousands of formerly incarcerated people convicted of felonies in the state.”

The People's Basics is on Linktree

#The Peoples Basics #Basic Brief #Current Affairs #Current News #Democracy & Government #Federal Policies #Federal Politics #Housing #Human-Centered Economics #Justice #Law & Security #Uncategorized

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techcrunchappcom · 4 years

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New Post has been published on https://techcrunchapp.com/renters-still-evicted-despite-federal-ban-news-sports-jobs/

Renters still evicted, despite federal ban | News, Sports, Jobs

BOSTON — A nationwide eviction ban was supposed to protect tenants like Tawanda Mormon, who was forced out of her two-bedroom apartment last month in Cleveland.

The 46-year-old, who was hospitalized in August for the coronavirus and can’t work due to mental health issues, said she fell behind on her $500-a-month rent because she needed the money to pay for food. When she was evicted in October, Mormon said she was unaware of President Donald Trump’s directive, implemented in September by the Centers for Disease Control and Prevention, that broadly prevents evictions through the end of 2020.

“It was difficult. I had to leave all my stuff,” said Mormon, who has been staying with friends and relatives since her eviction. “I don’t have no furniture, no nothing.”

With most state and local eviction bans expired, the nationwide directive was seen as the best hope to prevent more than 23 million renters from being evicted amid a stalemate in Congress over tens of billions of dollars in rental assistance. It was also billed as a way to fight the coronavirus, with studies showing evictions can spread the virus and lead to an increase in infections.

The CDC order has averted a wave of evictions, housing advocates said, but tenants are increasingly falling through the cracks.

Some judges in North Carolina and Missouri refused to accept the directive, tenant advocates said.

The order has been applied inconsistently, and some tenants, who had no legal representation, knew nothing about it.

Landlords in several states also unsuccessfully sued to scrap the order, arguing it was causing them financial hardship and infringing on their property rights.

“Right now, we are seeing variations in the way courts are applying the CDC order, and we are also seeing a lack of knowledge among tenants and property owners,” said Emily Benfer, a law professor at Wake Forest University and the chair of the American Bar Association’s COVID-19 task force committee on evictions. “Advocates are working overtime to inform tenants of their rights under the CDC order and, in many places, evictions are going forward.”

In Fremont, Nebraska, Dana Imus went to court this month to avoid getting evicted for falling behind on rent. The 41-year-old mother of four lost her job as a forklift operator in March due to the pandemic and hasn’t been able to get another one — partly due to her car breaking down.

When she presented a declaration to her landlord that she qualified for the federal moratorium, she said he told her wrongly that Nebraska didn’t recognize it. She also tried to pay her landlord $400 of the $1,000 rent for October, but he refused. She used the money, instead, for a car payment and now has no money for rent.

“It’s been a struggle,” she said. “It’s stressful. But I trust God so, I mean, I’m not too worried about it. I know I am not going to be evicted because I trust God.”

Those who didn’t know about the CDC moratorium include Charlene Wojtowicz, who thought she had avoided eviction from her two-bedroom house in Cleveland after a nonprofit paid three months of her back rent and her landlord withdrew his lawsuit. This week, the landlord demanded the 33-year-old mother of three pay the $455 she owes for November.

“I’m worried that me and my kids will be out on the street,” said Wojtowicz, who lost a new housekeeping job after getting COVID-19 this summer. “I’m a single mother with three children trying my hardest. It’s not like I don’t want to pay this man.”

Eviction filings have begun creeping up in several states, with the Eviction Lab at Princeton finding cities in South Carolina, Ohio, Florida and Virginia saw big jumps during October. A factor, tenant advocates said, was the CDC’s guidance related to the order last month that allows landlords to start eviction proceedings.

“It’s pretty alarming that lots of evictions are still, at least, being filed,” said Eric Dunn, director of litigation at the National Housing Law Project in Richmond, Virginia. The act of filing an eviction, he said, can prompt tenants to move out ahead of a hearing over fears that an eviction record would prevent them from renting another apartment.

“Because tenants often value their ability to obtain other rental housing over remaining in one specific property, the fact that such cases are being filed likely has a chilling effect on tenants who would otherwise assert the moratorium,” he said. “Tenants who receive eviction notices will move out to avoid the creation of an eviction record, rather than stay in their homes.”

The CDC last month also said landlords have the right to challenge the veracity of tenants’ declarations that they qualify for the moratorium. A false claim could result in criminal charges for perjury, and lawyers for landlords have taken advantage of that language to challenge tenants in court.

To be eligible for protection, renters must earn $198,000 or less for couples filing jointly, or $99,000 for single filers; demonstrate that they’ve sought government help to pay the rent; declare that they can’t pay because of COVID-19 hardships; and affirm they are likely to become homeless if evicted.

“We now have to fight this battle every time we go into court, where it’s not enough that the tenant provides the declaration,” said Hannah Adams, an attorney for Southeast Louisiana Legal Services. “Now they have to explain where every penny of their monthly check is going or even if they are getting a check. It creates a higher burden for tenants than was intended by the original order.”

Also driving evictions is that the order only applies to nonpayment of rent.

As a result, landlords are increasingly trying to sidestep the order by evicting tenants for minor lease violations like excessive noise or trash, or they are simply not extending leases, tenant advocates said.

That is what is happening to Imus, according to Caitlin Cedfeldt, a staff attorney at Legal Aid of Nebraska. Even before a judge ruled Monday that she qualified for the federal moratorium, her landlord gave her a new notice to vacate, alleging criminal behavior at her residence.

“The landlord lost today, but I think they are going to keep coming after her with notices like these in an attempt to circumvent the federal order,” Cedfeldt said by email.

The other challenge is that any legal victory could be short-lived. The CDC order is set to expire Dec. 31, just when a spike in virus cases threatens to further undermine the economy. Many tenants owe months of back rent. The global investment bank and advisory firm Stout estimates that by January, renters will owe as much as $34 billion.

It is unclear if the moratorium will be extended as tenant advocates have demanded. In addition, a coronavirus relief package that could include tens of billions of dollars for rent and mortgage assistance appears to be going nowhere. State and local rental assistance programs provided some relief, but advocates say the funds fall far short of what is needed.

Advocates already are pressing President-elect Joe Biden to sign a broad, new national eviction moratorium on his first day in office. They want Biden to work with Congress in his first 100 days to pass a relief package that includes at least $100 billion in emergency assistance for renters and landlords and resources for the homeless.

“By the time President-elect Biden takes office on Jan. 20, we may be in the midst of a historic eviction crisis in our country if no action is taken between now and then,” said Diane Yentel, president of the National Low-Income Housing Coalition.

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#despite #evicted #federal #renters #still #Sports

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folllowthelegaladvicebiz-blog · 6 years

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Why Work with a Litigation Lawyer

In the market there are so many types of lawyers. You will get the advocated having studied different sections and specializations in law. It is more comfortable to say what a professional does than really trying to understand what it is they do. It is necessary to understand what the litigation means so that you can get hold of it. n this case, the case revolves or several proper that have a dispute that needs to be resolved. These case mostly revolve around money or situations where you deal with property. In this case, no party is considered a criminal.

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There are so many people that end up incriminating themselves in the court. A civil litigator ought to be hired due to such instances. Commercial evictions Florida lawyers spend quality time training doing coaching their clients on how and what to speak in a court of law. Proper selection of words ought to be made in this case. There are some question that you don’t answer. In court cases there are no things like speaking too honestly. It is the joy of the prosecution when you speak with emotions and honestly. If you don’t take care you might fall victim. An advocate will keep you from incriminating yourself in situations you are aware of such happening.

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anniekoh · 7 years

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Getting ready for the American Association of Geographers’ annual meeting and went galumphing through the preliminary program to compile my session wishlist. The “author meets critics” format has been a favorite - these are the ones that caught my eye (in chronological order) with book descriptions and links to publishers below.

1158 Author Meets Critics: Gautam Bhan's In the Public's Interest: Evictions, Citizenship, and Inequality in Contemporary Delhi is scheduled on Wednesday, 4/5/2017, from 8:00 AM - 9:40 AM in Gardner B, Sheraton, Third Floor

In the Public’s Interest (2016): “This book studies the recent legacy of basti “evictions” in Delhi—mass clearings of some of the city’s poorest neighborhoods—as a way to understand how the urban poor are disenfranchised in the name of “public interest” and, in the case of Delhi, by the very courts meant to empower and protect them. Studying bastis, says Gautam Bhan, provokes six clear lines of inquiry applicable to studies of urbanism across the global south.The first is the long-standing debate over urban informality and illegality: the debate’s impact on conceptions and practices of urban planning, the production of space, and the regulation of value. The second is a set of debates on “good governance,” read through their intersections with ideas of “planned development” within rapidly transforming cities. The third is the political field of urban citizenship and the possibilities of substantive rights and belonging in the city. The fourth is resistance and the ability of a city’s subaltern residents to struggle against exclusion. The two remaining inquiries both cut across and unify the first four. One of these is the role of the judiciary and the relationships between law and urbanism in cities of the global south. The other is the relationship between democracy and inequality in the city.”

1244 Author Meets Critics: Amy Trauger's We Want Land to Live: Making Political Space for Food Sovereignty is scheduled on Wednesday, 4/5/2017, from 10:00 AM - 11:40 AM in Constitution A, Sheraton, Second Floor

We Want Land to Live (2017): “First coined by La Via Campesina (a global movement whose name means “the peasant’s way”), food sovereignty is a concept that expresses the universal right to food. Amy Trauger uses research combining ethnography, participant observation, field notes, and interviews to help us understand the material and definitional struggles surrounding the decommodification of food and the transformation of the global food system’s political-economic foundations.Trauger’s work is the first of its kind to analytically and coherently link a dialogue on food sovereignty with case studies illustrating the spatial and territorial strategies by which the movement fosters its life in the margins of the corporate food regime. She discusses community gardeners in Portugal; small-scale, independent farmers in Maine; Native American wild rice gatherers in Minnesota; seed library supporters in Pennsylvania; and permaculturists in Georgia.”

2166 Author meets Critics: Rebecca Kinney's Beautiful Wasteland: The Rise of Detroit as America's Postindustrial Frontier is scheduled on Thursday, 4/6/2017, from 8:00 AM - 9:40 AM in Columbus 1, Marriott, First Floor

Beautiful Wasteland (2016): “What is the “new Detroit” that everyone keeps talking about? Rebecca J. Kinney reveals that the contemporary story of Detroit’s rebirth is an upcycled version of the American Dream, which has long imagined access to work, home, and upward mobility as race-neutral projects. She tackles key questions about the future of postindustrial America, and shows how the narratives of Detroit’s history are deeply steeped in material and ideological investments in whiteness.”

2404 Author-Meets-Critics: Brenda Parker's 'Masculinities and Markets: Raced and Gendered Urban Politics in Milwaukee' (2017) is scheduled on Thursday, 4/6/2017, from 1:20 PM - 3:00 PM in Room 104, Hynes, Plaza Level

Masculinities and Markets (2017): “Studies of urban neoliberalism have been surprisingly inattentive to gender. Brenda Parker begins to remedy this by looking at the effect of new urbanism, “creative class,” and welfare reform discourses on women in Milwaukee, a traditionally progressive city with a strong history of political organizing. Through a feminist partial political economy of place approach, Parker conducts  an intersectional analysis of urban politics that simultaneously pays attention to a number of power relations. She argues that in the 1990s and 2000s, the city’s business-friendly agenda—although couched in uplifting rhetoric—strengthened existing hierarchies not only in class and race but also in gender. Taking on municipal elites’ adoption of Richard Florida’s “creative class” thesis, for example, Parker looks at the group Young Professionals of Milwaukee, exposing the way that a “creative careers” focus advances fundamentally masculine values and interests.”

3177 Author meets the critics: The Geopolitics of Real Estate: Reconfiguring Property, Capital and Rights is scheduled on Friday, 4/7/2017, from 8:00 AM - 9:40 AM in Harvard, Marriott, Third Floor

The Geopolitics of Real Estate (2016): “Individual foreign investment in Western nation states is a long-standing geopolitical issue. The expansion of the middle class in BRICS and Asian countries, and their increased activity in Western real estate markets as foreign investors, have introduced new and revived existing cultural and geopolitical sensitivities. In this book, Dallas Rogers develops a new history of foreign real estate investment by mapping the movement of human and financial capital over more than four centuries. The book argues the reconfiguration of Asian geopolitical power has ruptured the conceptual landscape for understanding international land and real estate relations. Drawing on assemblage theories (Latour, Deleuze and Guattari), assemblage analytical tactics (Sassen and Ong) and discursive media theories (Kittler and Foucault) a series of vignettes of land and real estate crisis are presented. The book demonstrates how foreign land claimers and global real estate professionals colonise, subvert and act beyond the governance structures of settler-societies to facilitate new types of capital circulation and accumulation around the world.”

3501 Mapping Flexibly 3: Author Meets Critics, Jill Desimini and Charles Waldheim's Cartographic Grounds is scheduled on Friday, 4/7/2017, from 3:20 PM - 5:00 PM in Room 101, Hynes, Plaza Level

Cartographic Grounds (2016): “Mapping has been one of the most fertile areas of exploration for architecture and landscape in the past few decades. While documenting this shift in representation from the material and physical description toward the dpiction of the unseen and often immaterial, Cartographic Grounds takes a critical view toward the current use of data mapping and visualization and calls for a return to traditional cartographic to reimagine the manifestation and manipulation of the ground itself.”

4114 Author Meets Critics: Elizabeth Povinelli's Geontologies: A Requiem for Late Liberalism is scheduled on Saturday, 4/8/2017, from 8:00 AM - 9:40 AM in Room 203, Hynes, Second Level

Geontologies (2016): Elizabeth A. Povinelli continues her project of mapping the current conditions of late liberalism by offering a bold retheorization of power. Finding Foucauldian biopolitics unable to adequately reveal contemporary mechanisms of power and governance, Povinelli describes a mode of power she calls geontopower, which operates through the regulation of the distinction between Life and Nonlife and the figures of the Desert, the Animist, and the Virus. Geontologies examines this formation of power from the perspective of Indigenous Australian maneuvers against the settler state. And it probes how our contemporary critical languages—anthropogenic climate change, plasticity, new materialism, antinormativity—often unwittingly transform their struggles against geontopower into a deeper entwinement within it. A woman who became a river, a snakelike entity who spawns the fog, plesiosaurus fossils and vast networks of rock weirs: in asking how these different forms of existence refuse incorporation into the vocabularies of Western theory Povinelli provides a revelatory new way to understand a form of power long self-evident in certain regimes of settler late liberalism but now becoming visible much further beyond.”

4124 Author Meets Critics: Iyko Day's Alien Capital: Asian Racialization and the Logic of Settler Colonial Capitalism is scheduled on Saturday, 4/8/2017, from 8:00 AM - 9:40 AM in Room 304, Hynes, Third Level

Alien Capital (2016): Iyko Day retheorizes the history and logic of settler colonialism by examining its intersection with capitalism and the racialization of Asian immigrants to Canada and the United States. Day explores how the historical alignment of Asian bodies and labor with capital's abstract and negative dimensions became one of settler colonialism's foundational and defining features. This alignment allowed white settlers to gloss over and expunge their complicity with capitalist exploitation from their collective memory. Day reveals this process through an analysis of a diverse body of Asian North American literature and visual culture, including depictions of Chinese railroad labor in the 1880s, filmic and literary responses to Japanese internment in the 1940s, and more recent examinations of the relations between free trade, national borders, and migrant labor. In highlighting these artists' reworking and exposing of the economic modalities of Asian racialized labor, Day pushes beyond existing approaches to settler colonialism as a Native/settler binary to formulate it as a dynamic triangulation of Native, settler, and alien populations and positionalities”

#to read #AAG 2017 #geography #critical theory #colonialism #immigration #urban studies

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peterdennisslaw2-blog · 5 years

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How to Determine an Effective Civil Litigation in Fort Myers, Florida?

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#Civil Litigation Attorney #Civil Litigation lawyer #Civil Litigation Fort Myers #Civil Litigation Cape Coral #Civil Litigation Lehigh Acres

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lawofficeofryansshipp · 6 months

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Eviction Services In Martin County, Florida - Law Office of Ryan S. Shipp, PLLC

Martin County Eviction Lawyers Are you a landlord facing tenant issues in Martin County, Florida? Do you require legal assistance with residential or commercial evictions? Look no further than Law Office of Ryan S. Shipp, PLLC. Our experienced team concentrates our practice in navigating the complexities of landlord-tenant law and ensuring swift and effective resolution of your eviction…

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juditmiltz · 7 years

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The 10 juiciest real estate lawsuits of 2017

From left to right: Jason Halpern, Avra Jain, Stephen Tulloch and Gil Dezer (Credit: Dezer Development, Wikimedia Commons, Public Domain Pictures, Miami Foundation)

Accusations of backstabbing, disputes over multimillion-dollar deals, undisclosed vermin problems and many other allegations of shady behavior involving South Florida real estate developers, brokers and buyers made headlines in 2017.

Lucky for you, The Real Deal was there to document all the salaciousness. Here’s a look back at the juiciest litigation of the past year.

1.) A murderous stalker and other “extreme behavior” at Trump Palace

Fed up with a neighbor’s alleged bizarre antics, luxury condo developer Gil Dezer sued fellow Trump Palace resident Rhonda Hojandiov on Nov. 27 in Miami-Dade Circuit Court to get a permanent injunction against her. Dezer accuses Hojandiov, who owns a three-bedroom unit on the eighth floor of the Sunny Isles Beach tower he developed, of disrupting the “peaceful use and quiet enjoyment” of his Trump Palace penthouse. The complaint alleges condo property management has documented 61 reports of extreme behavior by Hojandiov, including claims that an unknown stalker had gained access to her condo and was attempting to kill her. Dezer wants an injunction prohibiting her from “acting in an inappropriate manner and otherwise interfering with the operations of the association and its employees.”

2.) Avra’s revenge

Eleven months after a judge ordered she pay an $8.2 million judgment to an ex-partner, Avra Jain went after her lawyers for nearly double that amount in damages. On Nov. 20, the developer behind the Vagabond Hotel and Bayside Motor Inn restoration projects in Miami’s MiMo District sued Buchanan Ingersoll & Rooney and shareholder Richard A. Morgan for malpractice and breach of fiduciary duty. Jain alleges Morgan failed to adequately defend her, investor Paul Cashman Murphy and H-G Investments LLC in a 2009 lawsuit brought by former business associate Abraham Cohen, who claimed he was owed more than $4 million for a planned luxury condo project in Doral they were involved in. Jain is seeking $15 million from Morgan and his firm to cover the judgment, expenses and damages from the Cohen case.

3.) Hoodwinked by Halpern

In a lawsuit filed in New York Supreme Court, investor Dhruv Piplani accused developer Jason Halpern of unfairly cutting him out of a real estate transaction for two Miami Beach properties at 2901 and 2911 Indian Creek Drive. While he was in India following his mother’s death, Piplani claims Halpern sold off the Indian Creek lots to his longtime business colleague, Gerard Longo, in a sweetheart deal. Piplani accuses Halpern of rejecting his offer of $9 million in 2016 for the properties so the latter could sell to Brooklyn-based Longo, who paid $7.75 million in January. The complaint alleges that Halpern had struck a “secret side deal with Longo, under which Halpern will become re-involved with the Indian Creek project or otherwise be kicked back benefits from the eventual development and resale” of the two properties. In a statement, JMH denied the allegations. Piplani is demanding at least $10 million in damages, to rescind the sale of the Indian Creek properties, and to restore his membership and management rights, among other requests.

4.) Ex-NFLer tackles broker’s conflict

Stephen Tulloch — a former player for the Tennessee Titans, Detroit Lions and Philadelphia Eagles — accused Fort Lauderdale broker Jaime Sturgis and his former employer, Metro 1, of failing to disclose an apparent conflict of interest when Tulloch bought a downtown Fort Lauderdale office building in January. According to a June 8 lawsuit in Miami-Dade Circuit Court, Tulloch’s company SMT Investments, which purchased the three-story building at 727 Northeast Third Avenue for $1.42 million, alleges that Metro 1 and Sturgis failed to disclose during negotiations and closing that the seller, AJAX FTL, was owned by Sturgis’ in-laws. Metro 1’s Jenny Arias represented Tulloch and AJAX was represented by Sturgis, who was employed by Metro 1 until May. The lawsuit also claims AJAX made a $500,000 profit from the sale to SMT. All parties reached a settlement agreement in November and the complaint was dismissed.

5.) Airbnb declares war on City of Miami

In April, five Miami homeowners and Airbnb sued the City of Miami to stop officials from enforcing bans on short-term rentals and for targeting Airbnb hosts who publicly identified themselves. The lawsuit was filed in response to public comments by then-Mayor Tomas Regalado and then-City Manager Daniel Alfonso that Miami code enforcers would issue notices of violations to homeowners who outed themselves as Airbnb hosts during a March city commission hearing. According to the lawsuit filed in Miami-Dade Circuit Court, cities and counties are prohibited from enacting legislation that bans or or unduly regulates vacation rentals under a 2011 state law. However, Miami government officials bowed to pressure from the hotel industry, ignored state law and without legal authority began prohibiting vacation rentals on Aug. 11, 2015. The lawsuit claims Regalado followed through on his threat in early April, when he declared several people had received notice of violations during a local television newscast.

6.) Sixty Sixty Resort’s $9.4M conundrum

Port Orange, Florida-based Schecher Group is not playing around when it comes to collecting $9.4 million in assessments allegedly owed by unit owners at the Sixty Sixty Resort condo-hotel in Miami Beach. Between December 2016 and October of this year, the company filed foreclosure lawsuits against 65 individuals and companies that own rooms at the 6060 Indian Creek Drive property. According to legal documents filed in Miami-Dade Circuit Court, Schecher is empowered to make and collect assessments for shared costs as the owner of Sixty Sixty’s hotel unit. The lawsuits and liens filed by Schecher said each of the delinquent owners owed tens of thousands of dollars in unpaid assessments. Many of the owners are fighting back and accused Schecher of attempting a hostile takeover of the units in order to sell the entire building as a hotel for a massive profit.

7.) Rundle’s rodent problem

A few days after moving into his waterfront condominium in Coral Gables, Justin Rundle began hearing noises throughout the night and noticed a noxious odor permeating his unit. He soon discovered that rodents had infiltrated his condo, along with rotting rat carcasses, urine, feces and rodent nests throughout the walls, the drop ceiling and the AC system, according to an Aug. 11 lawsuit he filed in Miami-Dade Circuit Court against the previous owner, Jeanie Fung, listing agent Francine Thomas and Coconut Grove-based brokerage Brown Harris Stevens | Avatar Real Estate Services. Rundle, the son of Miami-Dade State Attorney Katherine Fernandez Rundle, accused Fung, Thomas and the brokerage of breach of contract and several counts of fraud and negligence. He purchased the two-bedroom unit in Waters Edge of Coral Gables at 100 Edgewater Drive for $383,000 in July 2016. Rundle claims Fung and Thomas violated Florida law by not telling him about the rodent problem and that they represented that the unit was in good condition.

8.) Tenants at Bayside Marketplace strike back

Two retailers and two restaurant operators accused the owners of Bayside Marketplace of fraud, breach of contract and fraudulent inducement in attempting to kick them out of the open-air shopping mall, according to separate counterclaims and responses to eviction lawsuits filed during the first 10 months of 2017. Sporting-goods shop Miami Waves accused Bayside Marketplace LLC of inducing tenants into entering leases under “knowingly false representations” and making material and costly improvements to their spaces “under broken and avoided promises,” documents filed in Miami-Dade Circuit Court show. Sushi bar Maki’s Place claimed it signed a lease for a 671-square-foot space on Oct. 8, 2013, but was not able to open until two years later due to delays and modifications caused by Bayside Marketplace that led to the restaurant failing and being forced to vacate its space in November 2016. John Cherneski, an attorney for Bayside, said complaints by Miami Waves, Maki’s Place and other disgruntled operators are bogus, accusing them of trying to “avoid their contractual obligations.” Bayside is owned by New York City-based Ashkenazy Acquisition Corp. and General Growth Partners.

9.) Comras combats predatory lending

S&C Venture, a company controlled by commercial real estate developer Michael Comras, sued a New Jersey-based real estate financing firm that took over a loan that was the subject of a failed foreclosure action. According to a May 26 lawsuit in Miami-Dade Circuit Court, S&C Venture is suing Coconut Grove Acquisition, an affiliate of Rochelle Park, N.J.-based Case Real Estate Capital, for malicious prosecution and breach of contract for attempting to foreclose on a three-story, 36,230-square-foot retail building at 2982 Grand Avenue owned by Comras. Coconut Grove Acquisitions bought a $7.9 million promissory note from Stabilis Capital in 2014, after S&C originally took out the note in 2007. According to the complaint, Stabilis used predatory lending practices in an attempt to find S&C in default. When Coconut Grove Acquisitions took over the loan, the company continued a foreclosure lawsuit against S&C. A judge dismissed the foreclosure action, but Coconut Grove Acquisition continued to demand that S&C’s loan payoff amount was $15 million, including $10 million in default interest charges.

10.) Can’t spell Cassa using Assa

In September, New York-based Assa Properties accused Miami-based TSG Paragon Development and 18 other related companies of trademark infringement, unjust enrichment and consumer fraud, among other claims. According to its complaint in the U.S. Southern District of New York, Assa wanted to stop TSG from using “Cassa” in its branding of two residential projects in Pembroke Pines and Miami. Assa’s lawsuit states the company began using “Cassa” in 2007 as a combination of the Spanish word “casa” and the firm’s name for several of its hotels in New York. In 2012, TSG Paragon Development launched Cassa at Georgetown and Cassa Brickell using the same design as Assa’s brand in advertising and marketing materials, the lawsuit alleges. TSG and its affiliates continued using Cassa in its marketing materials despite receiving three cease-and-desist letters.

from The Real Deal Miami https://therealdeal.com/miami/2017/12/26/the-10-juiciest-real-estate-lawsuits-of-2017/ via IFTTT

#The Real Deal Miami

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nancyperez218 · 4 years

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What Rights and Responsibilities Do Landlords Have in Florida?

In Florida, landlords need a legal contract in order to rent out their house, condo, or apartment. This contract can be a written lease or it can be a verbal rental agreement if for less than a year. Landlords have specific rights and responsibilities they must adhere to. While a verbal agreement can be used, it is wise to hire a real estate attorney to help write a written lease outlining all of the terms and conditions.

Landlords must provide tenants with a habitable dwelling that meets code requriements and to allow the tenant to live on and enjoy the premises free from landlord interference. . Depending on the contract, Landlords may or may not be required to make necessary repairs. In exchange, a landlord has the right to receive rent for the use of any property and to have the property returned at the conclusion of the lease in the same condition as it was received.

Landlords must notify any applicant who is a member of the armed forces and on active duty, of approval or denial within seven days. To end a lease, landlords must give a 15 day written notice for month-to-month leases and a 7 day written notice for week-to-week leases. If a tenant has abandoned the property, this notice can be posted on the door. It is important to contact an attorney and take the proper legal steps before attempting to dispose of any property or evict a tenant. Any eviction must be handled through the courts and it is illegal for a landlord to forcibly evict a tenant other than through the judicial process.

To all landlords with interest in Florida real estate, a small but very welcome change in real estate conveyances became effective law on July 1, 2020. After June 30, 2020, it is no longer required to have witnesses join in a real property lease �� whether commercial or residential – for it to be valid.

Florida Gov. Ron DeSantis signed HB 469 on June 27, 2020. A change welcomed by Florida landlords, it removes the requirement under Section 689.01 of the Florida Statutes that a landlord must have two witnesses when signing a lease for a term of more than one year. HB 469 provides that no subscribing witnesses are required for a lease of real property, eliminating the requirement that two subscribing witnesses be present

Richard S. Weinstein

A real estate attorney can help you with all of your real estate needs, from writing a lease to eviction.. Richard S. Weinstein is an experienced real estate attorney and title agent who can help you with all of your real estate transactions. Having legal representation makes good real estate business sense. A competent and experienced attorney will protect your interests.

Real Estate Attorney Jupiter

With over 50 years of experience as an attorney, Richard S. Weinstein assists clients with the important financial situations in their lives. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including short sales, foreclosures, and title insurance), estate planning, probate, business formations, or sales or mergers, Richard S. Weinstein is the attorney with the education, experience, and knowledge you need! Call us at (561) 745-3040 or visit his website at rweinsteinlaw.com.

Law Office of Richard S. Weinstein, P.A. 250 S. Central Blvd. #101 Jupiter, FL 33458 Phone (561) 745-3040 [email protected]

The post What Rights and Responsibilities Do Landlords Have in Florida? appeared first on Richard S. Weinstein, P.A..

from http://forfloridabankruptcy.com/rights-responsibilities-landlords-florida/

from Richard S. Weinstein P. A Jupiter Bankruptcy Law Firm and Probate Attorney - Richard S Weinstein https://forfloridabankruptcy.weebly.com/richard-s-weinstein/what-rights-and-responsibilities-do-landlords-have-in-florida

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markrobert324 · 4 years

Text

What Rights and Responsibilities Do Landlords Have in Florida?

To all landlords with interest in Florida real estate, a small but very welcome change in real estate conveyances became effective law on July 1, 2020. After June 30, 2020, it is no longer required to have witnesses join in a real property lease – whether commercial or residential – for it to be valid.

Richard S. Weinstein

Real Estate Attorney Jupiter

Law Office of Richard S. Weinstein, P.A. 250 S. Central Blvd. #101 Jupiter, FL 33458 Phone (561) 745-3040 [email protected]

The post What Rights and Responsibilities Do Landlords Have in Florida? appeared first on Richard S. Weinstein, P.A..

from Richard S. Weinstein, P.A. http://forfloridabankruptcy.com/rights-responsibilities-landlords-florida/ from Richard S. Weinstein P. A Jupiter Bankruptcy Law Firm and Probat https://forfloridabankruptcy.tumblr.com/post/624265106339020800

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forfloridabankruptcy · 4 years

Text

What Rights and Responsibilities Do Landlords Have in Florida?

To all landlords with interest in Florida real estate, a small but very welcome change in real estate conveyances became effective law on July 1, 2020. After June 30, 2020, it is no longer required to have witnesses join in a real property lease – whether commercial or residential – for it to be valid.

Richard S. Weinstein

Real Estate Attorney Jupiter

Law Office of Richard S. Weinstein, P.A. 250 S. Central Blvd. #101 Jupiter, FL 33458 Phone (561) 745-3040 [email protected]

The post What Rights and Responsibilities Do Landlords Have in Florida? appeared first on Richard S. Weinstein, P.A..

from Richard S. Weinstein, P.A. http://forfloridabankruptcy.com/rights-responsibilities-landlords-florida/

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walterfrodriguez · 7 years

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The 10 juiciest real estate lawsuits of 2017

From left to right: Jason Halpern, Avra Jain, Stephen Tulloch and Gil Dezer (Credit: Dezer Development, Wikimedia Commons, Public Domain Pictures, Miami Foundation)

Lucky for you, The Real Deal was there to document all the salaciousness. Here’s a look back at the juiciest litigation of the past year.

1.) A murderous stalker and other “extreme behavior” at Trump Palace

2.) Avra’s revenge

3.) Hoodwinked by Halpern

4.) Ex-NFLer tackles broker’s conflict

5.) Airbnb declares war on City of Miami

6.) Sixty Sixty Resort’s $9.4M conundrum

7.) Rundle’s rodent problem

8.) Tenants at Bayside Marketplace strike back

9.) Comras combats predatory lending

10.) Can’t spell Cassa using Assa

from The Real Deal Miami & Real Estate News News | & Curbed Miami - All https://therealdeal.com/miami/2017/12/26/the-10-juiciest-real-estate-lawsuits-of-2017/ via IFTTT

#The Real Deal Miami & Real Estate News News | & Curbed Miami - All

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blueonerealty · 7 years

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How to file a small claims lawsuit against your landlord or renter

The one safety net both landlords and renters have against being taken advantage of is small claims court.

Knowing that you can sue your tenant or your landlord for a violation makes the whole landlord-tenant arrangement work.

Think about it. Because landlords know they can sue their tenants for nonpayment of rent, for example, they are more likely to become a landlord in the first place. If they had no recourse for lease violations, they might choose to buy an Ace Hardware franchise instead.

Or if a tenant knows they can sue a landlord for wrongly withholding a security deposit or for not providing a habitable unit, that tenant will not be too skittish about handing over security deposit money in advance and should feel more comfortable about renting property in general.

So small claims court is a good thing. The problem is that some work is involved in filing a claim, and there are no guarantees you’ll win. Even if you do win, you might not collect. The more you know, however—whether you’re a landlord or a renter—the easier filing will be and the more likely it will be that you’ll win a judgment.

1. Try to resolve the issue

If your tenant or your landlord has wronged you, your first course of action should be to try to resolve the issue before going to court. The person who owes you money is probably hoping that you’ll just forget about it and go away. You want to let them know you have not forgotten and will not go away. Here’s what to do:

Send a letter requesting what is owed to you, called a demand letter.

Start by stating the problem, such as, “You have not paid April’s rent in the amount of $1,400.” Or, “You have wrongly withheld my security deposit of $1,200. I returned the property in good condition.”

Let this person know they need to pay you (state the dollar amount they owe you) by (give a date, such as 10 days from the date you’re writing the letter).

Conclude by letting them know you’ll sue them in small claims court if you don’t receive the money by the due date.

The demand letter often works in getting your money. If not, small claims court is your next resort.

Related: 7 tips for preventing security deposit disputes

2. Look up your state laws

The procedure for suing someone in small claims court varies by state. Do an internet search such as, “file small claims in Georgia,” to find out the particulars for your state.

Related: Landlord-tenant state law guides

3. Find out Your state’s limits

There’s a limit as to how much you can sue for in small claims court. The amount varies between $2,500 and $25,000. Here’s a chart with figures from 2015.

StateDollar Limit Alabama$6,000 Alaska$10,000 Arizona$3,500 Arkansas$5,000 California$10,000, except that a plaintiff may not file a claim over $2,500 more than twice a year. Limit for local public entity or for businesses is $5,000. $6,500 is the limit in suits by an individual against a guarantor that charges for its guarantor or surety services. Colorado$7,500 Connecticut$5,000 (except in landlord-tenant security deposit claims). Delaware$15,000 District of Columbia$10,000 Florida$5,000 Georgia$15,000 (no limit in eviction cases). Hawaii$5,000; no limit in landlord-tenant residential security deposit cases. For return of leased or rented personal property, the property must not be worth more than $5,000. Idaho$5,000 Illinois$10,000 Indiana$6,000 ($8,000 in Marion County) Iowa$5,000 Kansas$4,000 Kentucky$2,500 Louisiana$5,000 (city court); $5,000 (justice of the peace, but no limit on eviction cases). Maine$6,000 Maryland$5,000 Massachusetts$7,000; no limit for property damage caused by motor vehicle. Michigan$5,500 Minnesota$15,000 ($4,000 for claims involving consumer credit transactions, $15,000 for claims involving money or personal property subject to criminal forfeiture) Mississippi$3,500 Missouri$5,000 Montana$7,000 Nebraska$3,600 from July 1, 2015 through June 30, 2020 (adjusted every five years based on the Consumer Price Index) Nevada$10,000 New Hampshire$10,000 New Jersey$3,000 ($5,000 for claims relating to security deposits); certain landlord-tenant suits cannot be brought New Mexico$10,000 New York$5,000 ($3,000 in town and village courts) North Carolina

$5,000 to $10,000 depending on county

North Dakota$15,000 Ohio$3,000 Oklahoma$7,500 Oregon$10,000 Pennsylvania$12,000 Rhode Island$2,500 South Carolina$7,500 South Dakota$12,000 Tennessee

$15,000 or $25,000 in counties with population of more than 700,000

Texas$10,000 Utah$10,000 Vermont$5,000 Virginia$5,000 Washington$5,000 West Virginia$5,000 Wisconsin$10,000; no limit in eviction suits Wyoming$6,000

Be sure to click through to your state government webpage, which will have the latest figures and dollar amounts. If you need to sue for more than the limit for your state, you need to either settle for your state’s maximum or use a different court.

4. Determine whether you can use a lawyer

You don’t need to hire a lawyer to sue someone or defend yourself in small claims court. And most people don’t. They represent themselves. In fact, in some states, you aren’t even allowed to have representation. Find this out before you file.

5. Understand the terms

Small claims court itself can have a different name depending on its location. Sometimes small claims court is called “magistrate court,” “pro se court,” or “justice of the peace court.”

When you file for small claims court, you’re the plaintiff (making a complaint). When you’re being sued, you’re the defendant (defending yourself).

6. Watch the clock

A statute of limitations applies to cases brought to small claims court, ranging from 2 to 15 years. If you wait longer than what your state allows, you can no longer file.

7. File your complaint

If you are the one suing (the plaintiff), you need to go to the courthouse in the same town as your rental property, not the town in which you live (if they differ). You will need to file a complaint with the court clerk, which describes the charges you’re making against the defendant. It’s best to bring copies of any proof you might have when you’re filing. You should keep the originals.

You typically will need to pay a filing fee. This varies by court, but it’s usually around $50.

8. Wait

Here’s what to expect after you file a complaint with the court:

The court notifies the defendant who receives a copy of your complaint and a summons to appear in court. The defendant needs to answer this complaint, typically within 30 days.

If the defendant doesn’t answer the complaint within the allotted time, you can ask the court for a default judgment. Here, you can take your case to a judge without the defendant being there.

If the defendant answers, the court sets a date for the hearing, usually within the month.

The defendant can also file a counterclaim against you, which will be heard at the hearing.

9. Bring proof

Bring to court any documents, including photos, videos, text messages, and emails, which will help prove your case. If, for example, you are a renter trying to get back your security deposit, provide photos from the day you moved in and photos from the day you moved out.

10. State Your case

You’ll need to describe to the judge why you are seeking money from the defendant. Be prepared with all the facts. State them clearly, getting to the point as fast as possible. Next, it will be the defendant’s turn to present any evidence they may have.

11. Receive the verdict

The judge decides whether the plaintiff wins a judgment against the defendant or not, and if the defendant has filed a countersuit, whether that will be granted or not.

12. Consider appealing

Either party can appeal a verdict they disagree with to a higher court. The higher court decides whether it will grant the appeal. Note that higher courts typically grant appeals only on cases where the judge made a mistake, not to simply give you a chance to retry the case.

13. Collect your judgment

If you win your case, you need to collect your judgment. If you aren’t paid immediately, you have options.

Garnish the defendant’s wages or bank account.

Put a lien on their property.

Hire a collection agency.

Bottom line

There are specific steps involved in suing someone and taking them to small claims court. And if you win, you’ll need to collect the judgment, which is sometimes hard to do, such as if you can’t find the defendant or if the defendant has little to no assets and no job. You might want to consider the defendant’s ability to pay before you file a claim. But if you are wronged, it’s great knowing that you have the option of small claims court.

How to file a small claims lawsuit against your landlord or renter published first on http://ift.tt/2lBouPc

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ownitpage · 7 years

Text

How to file a small claims lawsuit against your landlord or renter

The one safety net both landlords and renters have against being taken advantage of is small claims court.

Knowing that you can sue your tenant or your landlord for a violation makes the whole landlord-tenant arrangement work.

1. Try to resolve the issue

Send a letter requesting what is owed to you, called a demand letter.

Let this person know they need to pay you (state the dollar amount they owe you) by (give a date, such as 10 days from the date you’re writing the letter).

Conclude by letting them know you’ll sue them in small claims court if you don’t receive the money by the due date.

The demand letter often works in getting your money. If not, small claims court is your next resort.

Related: 7 tips for preventing security deposit disputes

2. Look up your state laws

The procedure for suing someone in small claims court varies by state. Do an internet search such as, “file small claims in Georgia,” to find out the particulars for your state.

Related: Landlord-tenant state law guides

3. Find out Your state’s limits

There’s a limit as to how much you can sue for in small claims court. The amount varies between $2,500 and $25,000. Here’s a chart with figures from 2015.

StateDollar LimitAlabama$6,000Alaska$10,000Arizona$3,500Arkansas$5,000California$10,000, except that a plaintiff may not file a claim over $2,500 more than twice a year. Limit for local public entity or for businesses is $5,000. $6,500 is the limit in suits by an individual against a guarantor that charges for its guarantor or surety services.Colorado$7,500Connecticut$5,000 (except in landlord-tenant security deposit claims).Delaware$15,000District of Columbia$10,000Florida$5,000Georgia$15,000 (no limit in eviction cases).Hawaii$5,000; no limit in landlord-tenant residential security deposit cases. For return of leased or rented personal property, the property must not be worth more than $5,000.Idaho$5,000Illinois$10,000Indiana$6,000 ($8,000 in Marion County)Iowa$5,000Kansas$4,000Kentucky$2,500Louisiana$5,000 (city court); $5,000 (justice of the peace, but no limit on eviction cases).Maine$6,000Maryland$5,000Massachusetts$7,000; no limit for property damage caused by motor vehicle.Michigan$5,500Minnesota$15,000 ($4,000 for claims involving consumer credit transactions, $15,000 for claims involving money or personal property subject to criminal forfeiture)Mississippi$3,500Missouri$5,000Montana$7,000Nebraska$3,600 from July 1, 2015 through June 30, 2020 (adjusted every five years based on the Consumer Price Index)Nevada$10,000New Hampshire$10,000New Jersey$3,000 ($5,000 for claims relating to security deposits); certain landlord-tenant suits cannot be broughtNew Mexico$10,000New York$5,000 ($3,000 in town and village courts)North Carolina

$5,000 to $10,000 depending on county

North Dakota$15,000Ohio$3,000Oklahoma$7,500Oregon$10,000Pennsylvania$12,000Rhode Island$2,500South Carolina$7,500South Dakota$12,000Tennessee

$15,000 or $25,000 in counties with population of more than 700,000

Texas$10,000Utah$10,000Vermont$5,000Virginia$5,000Washington$5,000West Virginia$5,000Wisconsin$10,000; no limit in eviction suitsWyoming$6,000

4. Determine whether you can use a lawyer

5. Understand the terms

Small claims court itself can have a different name depending on its location. Sometimes small claims court is called “magistrate court,” “pro se court,” or “justice of the peace court.”

When you file for small claims court, you’re the plaintiff (making a complaint). When you’re being sued, you’re the defendant (defending yourself).

6. Watch the clock

A statute of limitations applies to cases brought to small claims court, ranging from 2 to 15 years. If you wait longer than what your state allows, you can no longer file.

7. File your complaint

You typically will need to pay a filing fee. This varies by court, but it’s usually around $50.

8. Wait

Here’s what to expect after you file a complaint with the court:

The court notifies the defendant who receives a copy of your complaint and a summons to appear in court. The defendant needs to answer this complaint, typically within 30 days.

If the defendant doesn’t answer the complaint within the allotted time, you can ask the court for a default judgment. Here, you can take your case to a judge without the defendant being there.

If the defendant answers, the court sets a date for the hearing, usually within the month.

The defendant can also file a counterclaim against you, which will be heard at the hearing.

9. Bring proof

10. State Your case

11. Receive the verdict

The judge decides whether the plaintiff wins a judgment against the defendant or not, and if the defendant has filed a countersuit, whether that will be granted or not.

12. Consider appealing

13. Collect your judgment

If you win your case, you need to collect your judgment. If you aren’t paid immediately, you have options.

Garnish the defendant’s wages or bank account.

Put a lien on their property.

Hire a collection agency.

Bottom line

How to file a small claims lawsuit against your landlord or renter posted first on Ownitpage.blogspot.com

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