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New York Overhauls Rent Regulations as Affordable Housing Shortage Attracts National Attention
Major changes to New York City's rent regulations passed in Albany last week have drawn attention to a nationwide resurgence of rent control laws considered by cities and states across the nation. ( Wall Street Journal , June 14). The law signed by Governor Andrew Cuomo on June 14 directly impacts about 40 percent of New York City's apartment stock and expands rent stabilization to counties across the state. The law generally freezes "stabilized" NYC apartments from ever moving to market rental rates. (New York Times,June 12 and June 17).Full story: New York Overhauls Rent Regulations as Affordable Housing Shortage Attracts National Attention -
House Committee Passes Bill Extending National Flood Insurance Program for Five Years
The House Financial Services Committee on June 12 unanimously approved legislation that would reauthorize the National Flood Insurance Program (NFIP) for five years; spur the availability of private flood insurance; reduce costs for lower-income policyholders; and require updated flood zone maps for coverage. (Wall Street Journal, June 12). Next, the House of Representatives will consider the measure although the timing of a possible vote is not clear. (Section-by-Section Committee Bill Summary) The NFIP has operated under a series of temporary extensions since 2017. On June 6, President Trump signed a disaster relief bill that extended the program until Sept. 30, the end of the fiscal year.Full story: House Committee Passes Bill Extending National Flood Insurance Program for Five Years -
House Committee Passes Beneficial Ownership Bill; Senate Hearing on June 20
The House Financial Services Committee this week passed the Corporate Transparency Act of 2019 ( H.R. 2513 ), which would require corporations and limited liability companies (LLCs) to report their beneficial owners to the Treasury Department's Financial Crimes Enforcement Network (FinCEN). The bill – introduced by Reps. Carolyn Maloney (D-NY) and Peter King (R-NY) – would shift the FinCEN reporting requirements from banks to the business community, requiring every business with fewer than 20 employees to register their beneficial owners with FinCEN. ( Roundtable Weekly , May 24) H.R. 2513 would also mandate that businesses update beneficial ownership information with any changes (home or business address, driver's license change, change in ownership) within 60 days, and annually for the life of the business. Failure to comply with these reporting requirements would be a federal crime with civil penalties of up to $10,000 and criminal penalties of up to three years in prison.Full story: House Committee Passes Beneficial Ownership Bill; Senate Hearing on June 20 -
Lawmakers and Industry Leaders Discuss National Policy Challenges; Roundtable Releases Annual Report
Roundtable Chair Debra A. Cafaro (Chairman & CEO, Ventas, Inc.) launched 2019 Annual Meeting by recognizing the organization's 20th anniversary of effective industry advocacy efforts and its newly-released FY2019 Annual Report.Full story: Lawmakers and Industry Leaders Discuss National Policy Challenges; Roundtable Releases Annual Report -
House Tax Writers Air Priorities, Address Technical Correction for Qualified Improvement Property Provision
The House Ways and Means Committee on June 4 held a Members' Day Hearing to address tax legislative priorities for the remainder of the year – including technical corrections to the Tax Cuts and Jobs Act (TCJA) that would correct a drafting error affecting qualified improvement property (QIP). Numerous other tax priorities are also expected to crowd the congressional agenda, including expired or expiring tax provisions; repeal of the state and local tax deduction cap; the national debt limit; and budget spending caps. A coalition of businesses and trade groups, including The Real Estate Roundtable, urged all members of Congress in April to cosponsor the Restoring Investment in Improvements Act (H.R. 1869 / S. 803) – a bill that would correct the QIP drafting error. The legislation would give qualified improvement property a 15-year depreciation period and restore its eligibility for accelerated bonus depreciation. (QIP Policy Comment Letter and Roundtable Weekly, April 26)Full story: House Tax Writers Air Priorities, Address Technical Correction for Qualified Improvement Property Provision -
Real Estate Coalition Opposes FCC’s Notice That May Permit Broadband Equipment on Private Property Without Owner Consent
Installation of certain communications equipment on leased property to enable expansion of wireless networks should not be allowed without owner consent. That is the message submitted on June 3 to the Federal Communications Commission (FCC) by an industry coalition that includes The Real Estate Roundtable. (Joint Industry Comments to FCC). The coalition's comments come as the FCC considers whether to expand its interpretation of federal law regarding consumer home antennas, spurred by the development of 5G technology for the next generation of advanced communications equipment.Full story: Real Estate Coalition Opposes FCC’s Notice That May Permit Broadband Equipment on Private Property Without Owner Consent -
Treasury Releases Proposed Regulations on FIRPTA Foreign Pension Fund Exemption
The Treasury Department yesterday issued proposed tax regulations clarifying the scope and operation of the foreign pension fund exemption from the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). (Federal Register, June 7) The proposed rules appear to be overwhelming positive and likely to resolve most, if not all, of foreign investors' remaining concerns. FIRPTA imposes U.S. capital gains tax on the sale of a U.S. repeal property interest by a foreign investor. FIRPTA results in a discriminatory tax on foreign investment in US real estate and infrastructure that does not apply to any other asset class. The FIRPTA regime is an anti-competitive outlier that deflects global capital to other markets.Full story: Treasury Releases Proposed Regulations on FIRPTA Foreign Pension Fund Exemption -
Roundtable Urges Treasury to Clarify Tax Consequences of Transition Away from LIBOR as Reference Rate
The Real Estate Roundtable yesterday asked the U.S. Treasury Department and IRS to reduce the risk of market disruption by clarifying the tax treatment of financial contracts that replace the expiring London Inter-bank Offered Rate (LIBOR) with a substitute reference rate. Over $200 trillion of LIBOR contracts are outstanding, including roughly $1.3 trillion of commercial real estate debt. (Roundtable LIBOR letter, June 6) The United Kingdom's Financial Conduct Authority (FCA), which regulates LIBOR, announced in 2017 that it is phasing out the global borrowing index by the end of 2021. LIBOR will need to be replaced in both new agreements and innumerable existing legacy contracts.Full story: Roundtable Urges Treasury to Clarify Tax Consequences of Transition Away from LIBOR as Reference Rate -
President Trump Requests Democrats Pass USMCA Before Infrastructure Bill; House Ways and Means Member Introduces Gas-Tax Infrastructure Bill
On the eve of a May 22 White House meeting to discuss a national infrastructure improvement package, President Trump sent a letter to Democratic congressional leaders requesting they first approve his trade deal with Canada and Mexico before taking up infrastructure legislation. (Bloomberg, May 21) "Before we get to infrastructure, it is my strong view that Congress should first pass the important and popular [United States-Mexico-Canada Agreement (USMCA)] trade deal," Trump wrote. "Once Congress has passed USMCA, we should turn our attention to a bipartisan infrastructure package," he added.Full story: President Trump Requests Democrats Pass USMCA Before Infrastructure Bill; House Ways and Means Member Introduces Gas-Tax Infrastructure Bill -
2018 Ushers In Sweeping Tax Code Changes and a Loaded Congressional Agenda Under Threat of Jan. 19 Government Shutdown
With sweeping tax code changes enacted last month now in effect, both chambers of Congress are returning to a packed legislative to-do list and looming policy deadlines – including the expiration of the latest round of government funding on Jan. 19.Full story: 2018 Ushers In Sweeping Tax Code Changes and a Loaded Congressional Agenda Under Threat of Jan. 19 Government Shutdown -
Roundtable Member Joe Stettinius – Cushman & Wakefield’s CEO of Americas
The Real Estate Roundtable is saddened by the recent passing of real estate industry veteran Joe Stettinius.Full story: Roundtable Member Joe Stettinius – Cushman & Wakefield’s CEO of Americas -
Commercial Real Estate Executives Positive Despite Cautious 2019 Outlook
Commercial real estate industry leaders continue to acknowledge positive conditions in the economy and current real estate markets, while expressing some caution about 2019, according to The Real Estate Roundtable’s Q1 2018 Economic Sentiment Index released yesterday.Full story: Commercial Real Estate Executives Positive Despite Cautious 2019 Outlook -
President Trump Signs Budget Deal That Extends Government Funding Until March 23, Lifts Debt Ceiling for One Year and Sets Two-Year Budget Agreement
During a week of thousand-point gyrations in the stock market and last-minute congressional votes to keep the government open, President Trump this morning signed a budget deal into law that ended a nine-hour government shutdown.Full story: President Trump Signs Budget Deal That Extends Government Funding Until March 23, Lifts Debt Ceiling for One Year and Sets Two-Year Budget Agreement -
House Passes ADA Reform Bill to Counter “Drive-By” Lawsuits
The House of Representatives on Wednesday passed legislation (H.R. 620) to reform the American With Disabilities Act (ADA) to curb unscrupulous lawsuits alleging minor and easily correctable impediments to building access.Full story: House Passes ADA Reform Bill to Counter “Drive-By” Lawsuits -
Omnibus Spending Bill Delayed as Government Funding Deadline Looms
Lawmakers struggling over policy and program disagreements related to a $1.2 trillion “omnibus” spending bill have pushed a congressional vote to next week – closer to March 23, when current funding expires.Full story: Omnibus Spending Bill Delayed as Government Funding Deadline Looms -
Senate Passes Dodd-Frank Reform Legislation With Roundtable-Backed HVCRE Provision; Bill Faces Headwinds in House
The Senate on Wednesday passed (67-31) bipartisan Dodd-Frank reform legislation (S. 2155) that includes a Roundtable-supported measure to reform the Basel III High Volatility Commercial Real Estate (HVCRE) Rule, which would clarify specific requirements for acquisition, development, or construction (ADC) loans.Full story: Senate Passes Dodd-Frank Reform Legislation With Roundtable-Backed HVCRE Provision; Bill Faces Headwinds in House -
Fed Raises Interest Rates, Signals More Hikes, Boosts Economic Forecasts
In the Federal Reserve's first major decision under new Chairman Jerome Powell, the central bank on Wednesday raised the federal funds rate 25 basis points (to a range of 1.5 percent to 1.75 percent) and boosted its U.S. economic growth forecast for 2018 and 2019.Full story: Fed Raises Interest Rates, Signals More Hikes, Boosts Economic Forecasts -
Congress Passes Omnibus $1.3 Trillion Spending Bill Funding Government Through September; Two-Week Congressional Recess Begins
In a week of intense budget negotiations, a $1.3 trillion dollar “omnibus” spending bill (H.R. 1625) to fund the government through September 30 was introduced Wednesday night to avoid a government shutdown today. The 2,232-page measure passed both the House and Senate by comfortable margins, and President Trump signed it this afternoon.Full story: Congress Passes Omnibus $1.3 Trillion Spending Bill Funding Government Through September; Two-Week Congressional Recess Begins -
Senate Legislation Introduced to New CECL Accounting Standard Affecting Treatment of Expected Loan Losses
Legislation introduced May 21 by Sen. Thom Tillis (R-N.C.) would delay implementation of the Current Expected Credit Losses (CECL) accounting standard, which will force banks to book losses on bad loans much faster. (ABA Journal, May 22) The independent Financial Accounting Standards Board (FASB) is proceeding with its plan to implement CECL for publicly traded U.S. banks at the beginning of 2020 – and later for other financial institutions. (Roundtable Weekly, April 5)Full story: Senate Legislation Introduced to New CECL Accounting Standard Affecting Treatment of Expected Loan Losses -
Senate Hearing on Beneficial Ownership Follows House Committee Action Affecting Corporate Entity Transactions
A Senate Banking Committee hearing this week on "Combating Illicit Financing by Anonymous Shell Companies Through the Collection of Beneficial Ownership Information" followed recent approval of legislation by the House Financial Services Committee that would affect beneficial ownership requirements for commercial real estate transactions. Senate Banking Chairman Mike Crapo (R-ID) said in his opening statement that the committee seeks solutions "… to deter money laundering and the financing of terrorism through the use of front companies, shell companies, shelf companies, opaque nominees, and other means to conceal and disguise the true beneficial owners of property and other assets."Full story: Senate Hearing on Beneficial Ownership Follows House Committee Action Affecting Corporate Entity Transactions