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On March 7, 2023 the U.S. Department of Housing and Urban Development (the “HUD”) Secretary, Marcia L. Fudge, issued a public memorandum (the “Memo”) expressing concern over a lack of transparency in fees charged to residential tenants. The Memo calls on housing providers and state and local...

On February 28, 2023, the Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau (“CFPB”) issued a Request for Information (“RFI”) seeking public comment on background screening issues affecting rental housing applicants and tenants in the United States. The 10-page RFI, which the...

On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system. [1] In each case, the court determined that the owner of the hospital did not qualify as an...

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter [1] (the “DCL”) regarding the “Requirements and Responsibilities for Third-Party Servicers and Institutions.” This DCL announces additional...

On January 26, 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a letter and resolution agreement regarding a December 2020 complaint (OCR Complaint # 04-21-2060) filed against Troy University by a student alleging discrimination on the basis of pregnancy in...

On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The National College Players Association filed the ULP in February 2022 against...

On December 2, 2022, the Office for Civil Rights (“ OCR”) and the Substance Abuse and Mental Health Services Administration (“ SAMHSA”) within the U.S. Department of Health and Human Services (“ HHS”) issued a Notice of Proposed Rulemaking (“ NPRM”) to revise the Confidentiality of Substance Use...

As interest in psychedelics rises, amidst the decriminalization of psychedelic substances in various jurisdictions and the regulation of the provision of psilocybin services in Oregon, institutions of higher education may find themselves wondering how to navigate the myriad questions that come...

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain as to whether, and to what extent, institutions can be involved in the deal...

On August 4, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against Monsanto Co., Pharmacia LLC and Solutia, Inc., seeking to hold them liable for PCB contamination throughout New Jersey. ( Complaint). While the suit also addresses contamination at Monsanto’s...

New Castle County has announced that the firm conducting its countywide reassessment is now out in the field and inspecting properties, including commercial, office, and other non-residential properties. The goal is to inspect every property in the County. Most of these inspections will simply be...

New Jersey’s landmark Environmental Justice Law, N.J.S.A. 13:1D-157 (“EJ Law”), signed by Governor Murphy in September 2020, authorizes the NJDEP to deny or condition certain permits based on an assessment of a “facility’s” contribution to environmental and public health impacts in the State’s...

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