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Pre-existing affordable units that would render a project ineligible for a density bonus include units that “have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households . . . . [read post]
7 Jan 2015, 7:08 am by John Paul Schnapper-Casteras
For decades, federal, state, and local governments proactively enforced and subsidized systemic de jure housing segregation using tactics such as racially restrictive covenants, divisive zoning, and redlining. [read post]
  Nevertheless, the inability of companies and law firms to impose restrictive covenants on lawyers employed by the companies and firms poses practical challenges. [read post]
18 Dec 2014, 2:23 pm by Casey W. Riggs
While covenants not to compete and solicit customers and employees are common in employment generally and also in connection with venture capital transactions, their enforceability depends on the state law governing the agreement (which the parties will select, and is often the state law governing the other transaction documents). [read post]
18 Dec 2014, 9:17 am by Robert B. Milligan and Michael Wexler
Hart and Dawn Mertineit discussed the significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and pending legislation proposed in additional jurisdictions over the past year. [read post]
16 Dec 2014, 1:28 pm by Razia Begum
It is good practice to periodically review restrictive covenants, to reflect the latest UK case law and any changes to the employee’s role or the business. [read post]
7 Dec 2014, 10:09 am by David Waite and Andrew Fogg
The new density bonus law requires replacement rental units to be subject to a recorded affordability restriction for at least 55 years. [read post]
29 Nov 2014, 3:53 am by Legal Beagle
  In terms of the Share Purchase Agreement the defender bound himself for a period of three years from 16 January 2012 to abide by similar further restrictive covenants (cl.7).[3]        The defender breached the covenants in both Agreements. [read post]
17 Nov 2014, 1:11 pm by Daniel P. Hart and Erik Weibust
  Unlike laws governing physicians, accountants, engineers, and virtually all other professions, rules governing the practice of law impose a nearly absolute prohibition on lawyer non-compete agreements. [read post]
14 Nov 2014, 8:33 am
It is a longstanding principle in Indiana that covenants that restrict a person's employment opportunities are strongly disfavored as a restraint of trade. [read post]
13 Nov 2014, 8:30 am by azatty
A: Some homes are subject to covenants, conditions and restrictions (CC&Rs) that address the issue of whether short-term rentals are permitted. [read post]
13 Nov 2014, 8:30 am by azatty
A: Some homes are subject to covenants, conditions and restrictions (CC&Rs) that address the issue of whether short-term rentals are permitted. [read post]
9 Nov 2014, 2:52 pm by Carl Neff
 Recent case law has suggested that without restrictive terms in the OA, a member may potentially compete. [read post]
If sales and marketing representatives are not properly trained and monitored, they can trigger liability under securities law that could ultimately wipe out a developer’s potentially heady profits. [read post]
3 Nov 2014, 5:52 am by Rebecca Tushnet
”  So reasonable consumers, as a matter of law, read the contract—and what is the level of understanding of such consumers? [read post]
23 Oct 2014, 3:04 am by Larry Tolchinsky
These can include legal covenants found in the deeds, as well as environmental regulations from the federal level, ordinances at the local level, and the Florida condo laws. [read post]
22 Oct 2014, 6:43 pm by Adam Levitin
We're talking on the level of mandatory covenants. [read post]
22 Oct 2014, 3:45 pm by Giles Peaker
They also argued that the eviction had previously been found to be lawful and that Mr AA’s pleaded case disclosed nothing further. [read post]
20 Oct 2014, 1:11 pm by Peter Margulies
  To be lawful, a practice needs to be grounded in state law and provide those affected by the practice with general notice that they may be subject to the practice. [read post]
19 Oct 2014, 8:30 am by Andrew Delaney
Also, since the restrictive covenant had expired in 1995, the implied easement allowed access from both proposed lots. [read post]