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STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your unique
business goals.
45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that 179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 179D TAX DEDUCTION ALLOCATED FROM GOVERNMENT BUILDINGS On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. The § 179D federal tax deduction wasbrought back from
A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant NEW LEAD (PB) IN SOIL STANDARD NOW EFFECTIVE IN MARYLAND The EPA has described lead as the number one environmental public health hazard in the U.S. And despite that the CDC has in the past identified childhood lead poisoning prevention since 1971 as 1 of 10 great U.S. public health achievements which has included success in reducing human exposures on average, the amount of lead USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. A SINGLE FAMILY HOME IN MARYLAND CANNOT BE SOLD “AS IS The question this law firm is asked most often about single family home sales is whether or not a house can be sold “as is.” The answer since a dramatic change in Maryland law effective October 1, 2005, is “no” a single family home cannot legally be sold “as is.” Caveat emptor no longer exists BALTIMORE CITY MANDATES REAL ESTATE CONTRACT PROVISIONS This article identifies issues that must be addressed in an agreement of sale for real estate located within Baltimore City. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your uniquebusiness goals.
45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that 179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 179D TAX DEDUCTION ALLOCATED FROM GOVERNMENT BUILDINGS On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. The § 179D federal tax deduction wasbrought back from
A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant NEW LEAD (PB) IN SOIL STANDARD NOW EFFECTIVE IN MARYLAND The EPA has described lead as the number one environmental public health hazard in the U.S. And despite that the CDC has in the past identified childhood lead poisoning prevention since 1971 as 1 of 10 great U.S. public health achievements which has included success in reducing human exposures on average, the amount of lead USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. A SINGLE FAMILY HOME IN MARYLAND CANNOT BE SOLD “AS IS The question this law firm is asked most often about single family home sales is whether or not a house can be sold “as is.” The answer since a dramatic change in Maryland law effective October 1, 2005, is “no” a single family home cannot legally be sold “as is.” Caveat emptor no longer exists BALTIMORE CITY MANDATES REAL ESTATE CONTRACT PROVISIONS This article identifies issues that must be addressed in an agreement of sale for real estate located within Baltimore City. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, BIRD FRIENDLY BUILDING NOW THE LAW IN HOWARD COUNTY Howard County, Maryland has become the first jurisdiction in the state and one of few places in the country to pass a mandatory “bird-friendly design” law for new construction of privately owned buildings. The new law enacted on July 7, 2020 and effective on September 6, 2020 requires at the time of building permit application, USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. LEED REGIONAL PRIORITY CREDITS ARE FREE AND EASY BONUS Regional Priority Credits were introduced into the U.S. Green Building Council’s LEED® 2009 rating standards. A year after their roll-out as a major enhancement of the larger LEED v3 system, Regional Priority Credits (Regional Credits) are little utilized and arguably, little understood. The stated intent of Regional Credits is “to incentivize the achievement of credits BALTIMORE CITY MANDATES REAL ESTATE CONTRACT PROVISIONS This article identifies issues that must be addressed in an agreement of sale for real estate located within Baltimore City. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, CHECKLIST OF REQUIRED REAL ESTATE CONTRACT PROVISIONS IN The recodification of the Baltimore County Code, effective July 1, 2004, altered the language that must be contained in a contract of sale for real property. Contract forms should be updated for risk that the writing will now be voidable by a prospective purchaser. Moreover, a person who violates these several provisions of the County IT MAY LOOK LIKE A SEAL AND HONK LIKE A SEAL, BUT IT IS Maryland’s highest court recently ruled that use of the word “(Seal)” next to the attestation lines of a contract was not sufficient to constitute a “contract under seal.” In Rouse-Teachers Properties, Inc. v. Maryland Casualty Company, the Court held, despite both parties arguing that a written agreement was a “contract under seal,” such was insufficient CONVERT NOW TO AN LLC TO AVOID NEWLY ENACTED MARYLAND Legislation enacted in the 2001 Maryland General Assembly Session will narrow the ability to transfer real estate to a limited liability company without the payment of recordation and transfer taxes. In a Machiavellian twist, Senate Bill 18, as sponsored by Senator Larry Haines, sought to clarify certain existing exemptions from recordation and transfer taxes, but BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. E-SIGNATURES NOW BIND REAL ESTATE CONTRACTS ON THE WEB The new Maryland law defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”. An electronic record is defined as “a record created, generated, sent, communicated, received or restored byelectronic
STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your uniquebusiness goals.
179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant CHECKLIST OF REQUIRED REAL ESTATE CONTRACT PROVISIONS IN The recodification of the Baltimore County Code, effective July 1, 2004, altered the language that must be contained in a contract of sale for real property. Contract forms should be updated for risk that the writing will now be voidable by a prospective purchaser. Moreover, a person who violates these several provisions of the County IT MAY LOOK LIKE A SEAL AND HONK LIKE A SEAL, BUT IT IS Maryland’s highest court recently ruled that use of the word “(Seal)” next to the attestation lines of a contract was not sufficient to constitute a “contract under seal.” In Rouse-Teachers Properties, Inc. v. Maryland Casualty Company, the Court held, despite both parties arguing that a written agreement was a “contract under seal,” such was insufficient BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. CONVERT NOW TO AN LLC TO AVOID NEWLY ENACTED MARYLAND Convert Now To An LLC To Avoid Newly Enacted Maryland Transfer Tax. Legislation enacted in the 2001 Maryland General Assembly Session will narrow the ability to transfer real estate to a limited liability company without the payment of recordation and transfer taxes. In a Machiavellian twist, Senate Bill 18, as sponsored by Senator LarryHaines
STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your uniquebusiness goals.
179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant CHECKLIST OF REQUIRED REAL ESTATE CONTRACT PROVISIONS IN The recodification of the Baltimore County Code, effective July 1, 2004, altered the language that must be contained in a contract of sale for real property. Contract forms should be updated for risk that the writing will now be voidable by a prospective purchaser. Moreover, a person who violates these several provisions of the County IT MAY LOOK LIKE A SEAL AND HONK LIKE A SEAL, BUT IT IS Maryland’s highest court recently ruled that use of the word “(Seal)” next to the attestation lines of a contract was not sufficient to constitute a “contract under seal.” In Rouse-Teachers Properties, Inc. v. Maryland Casualty Company, the Court held, despite both parties arguing that a written agreement was a “contract under seal,” such was insufficient BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. CONVERT NOW TO AN LLC TO AVOID NEWLY ENACTED MARYLAND Convert Now To An LLC To Avoid Newly Enacted Maryland Transfer Tax. Legislation enacted in the 2001 Maryland General Assembly Session will narrow the ability to transfer real estate to a limited liability company without the payment of recordation and transfer taxes. In a Machiavellian twist, Senate Bill 18, as sponsored by Senator LarryHaines
45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that MOTIVATIONAL SPEAKER FOR ENVIRONMENTAL ISSUES & LAW Addressing a wide variety of topics related to the environment, green building and sustainability. S tuart Kaplow is a frequent speaker and lecturer on innovative solutions to the environmental issues of the day, including speaking to a wide variety of audiences on green building and sustainability.. More than simply a lecturer (although he was a law school professor for more than twenty years STUART D. KAPLOW P.A., AUTHOR AT STUART D. KAPLOW, P.A. About Stuart D. Kaplow P.A. Stuart Kaplow is an attorney and the principal at the eponymous law firm, Stuart D. Kaplow, P.A. 22 03, 2021. Permalink Gallery. Covid Pandemic Exposes More Children to Toxic Lead. Environmental Law. CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, 179D TAX DEDUCTION ALLOCATED FROM GOVERNMENT BUILDINGS On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. The § 179D federal tax deduction wasbrought back from
ANNE ARUNDEL COUNTY, MARYLAND REQUIRED REAL ESTATE This article, compiling the requirements for Anne Arundel County, is one in a series of compositions that identify issues that must be addressed in agreements of sale for real estate located within particular jurisdictions in Maryland. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. INTEREST RATE PAID ON RESIDENTIAL LEASE SECURITY DEPOSITS Effective October 1, 2004, the amount of interest a landlord must pay a residential tenant in Maryland upon return of the tenant’s security deposit has been altered from 4% to 3% per annum. Generally, under the prior law a landlord was required to pay 4% simple interest, accruing at six-month intervals, on a tenant’s security A SINGLE FAMILY HOME IN MARYLAND CANNOT BE SOLD “AS IS The question this law firm is asked most often about single family home sales is whether or not a house can be sold “as is.” The answer since a dramatic change in Maryland law effective October 1, 2005, is “no” a single family home cannot legally be sold “as is.” Caveat emptor no longer exists E-SIGNATURES NOW BIND REAL ESTATE CONTRACTS ON THE WEB The new Maryland law defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”. An electronic record is defined as “a record created, generated, sent, communicated, received or restored byelectronic
STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your uniquebusiness goals.
179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant CHECKLIST OF REQUIRED REAL ESTATE CONTRACT PROVISIONS IN The recodification of the Baltimore County Code, effective July 1, 2004, altered the language that must be contained in a contract of sale for real property. Contract forms should be updated for risk that the writing will now be voidable by a prospective purchaser. Moreover, a person who violates these several provisions of the County IT MAY LOOK LIKE A SEAL AND HONK LIKE A SEAL, BUT IT IS Maryland’s highest court recently ruled that use of the word “(Seal)” next to the attestation lines of a contract was not sufficient to constitute a “contract under seal.” In Rouse-Teachers Properties, Inc. v. Maryland Casualty Company, the Court held, despite both parties arguing that a written agreement was a “contract under seal,” such was insufficient BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. CONVERT NOW TO AN LLC TO AVOID NEWLY ENACTED MARYLAND Convert Now To An LLC To Avoid Newly Enacted Maryland Transfer Tax. Legislation enacted in the 2001 Maryland General Assembly Session will narrow the ability to transfer real estate to a limited liability company without the payment of recordation and transfer taxes. In a Machiavellian twist, Senate Bill 18, as sponsored by Senator LarryHaines
STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your uniquebusiness goals.
179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant CHECKLIST OF REQUIRED REAL ESTATE CONTRACT PROVISIONS IN The recodification of the Baltimore County Code, effective July 1, 2004, altered the language that must be contained in a contract of sale for real property. Contract forms should be updated for risk that the writing will now be voidable by a prospective purchaser. Moreover, a person who violates these several provisions of the County IT MAY LOOK LIKE A SEAL AND HONK LIKE A SEAL, BUT IT IS Maryland’s highest court recently ruled that use of the word “(Seal)” next to the attestation lines of a contract was not sufficient to constitute a “contract under seal.” In Rouse-Teachers Properties, Inc. v. Maryland Casualty Company, the Court held, despite both parties arguing that a written agreement was a “contract under seal,” such was insufficient BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. CONVERT NOW TO AN LLC TO AVOID NEWLY ENACTED MARYLAND Convert Now To An LLC To Avoid Newly Enacted Maryland Transfer Tax. Legislation enacted in the 2001 Maryland General Assembly Session will narrow the ability to transfer real estate to a limited liability company without the payment of recordation and transfer taxes. In a Machiavellian twist, Senate Bill 18, as sponsored by Senator LarryHaines
45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that MOTIVATIONAL SPEAKER FOR ENVIRONMENTAL ISSUES & LAW Addressing a wide variety of topics related to the environment, green building and sustainability. S tuart Kaplow is a frequent speaker and lecturer on innovative solutions to the environmental issues of the day, including speaking to a wide variety of audiences on green building and sustainability.. More than simply a lecturer (although he was a law school professor for more than twenty years STUART D. KAPLOW P.A., AUTHOR AT STUART D. KAPLOW, P.A. About Stuart D. Kaplow P.A. Stuart Kaplow is an attorney and the principal at the eponymous law firm, Stuart D. Kaplow, P.A. 22 03, 2021. Permalink Gallery. Covid Pandemic Exposes More Children to Toxic Lead. Environmental Law. CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, 179D TAX DEDUCTION ALLOCATED FROM GOVERNMENT BUILDINGS On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. The § 179D federal tax deduction wasbrought back from
ANNE ARUNDEL COUNTY, MARYLAND REQUIRED REAL ESTATE This article, compiling the requirements for Anne Arundel County, is one in a series of compositions that identify issues that must be addressed in agreements of sale for real estate located within particular jurisdictions in Maryland. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. INTEREST RATE PAID ON RESIDENTIAL LEASE SECURITY DEPOSITS Effective October 1, 2004, the amount of interest a landlord must pay a residential tenant in Maryland upon return of the tenant’s security deposit has been altered from 4% to 3% per annum. Generally, under the prior law a landlord was required to pay 4% simple interest, accruing at six-month intervals, on a tenant’s security A SINGLE FAMILY HOME IN MARYLAND CANNOT BE SOLD “AS IS The question this law firm is asked most often about single family home sales is whether or not a house can be sold “as is.” The answer since a dramatic change in Maryland law effective October 1, 2005, is “no” a single family home cannot legally be sold “as is.” Caveat emptor no longer exists E-SIGNATURES NOW BIND REAL ESTATE CONTRACTS ON THE WEB The new Maryland law defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”. An electronic record is defined as “a record created, generated, sent, communicated, received or restored byelectronic
STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your uniquebusiness goals.
45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that 179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 179D TAX DEDUCTION ALLOCATED FROM GOVERNMENT BUILDINGS On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. The § 179D federal tax deduction wasbrought back from
A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant A SINGLE FAMILY HOME IN MARYLAND CANNOT BE SOLD “AS IS The question this law firm is asked most often about single family home sales is whether or not a house can be sold “as is.” The answer since a dramatic change in Maryland law effective October 1, 2005, is “no” a single family home cannot legally be sold “as is.” Caveat emptor no longer exists USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. NEW LEAD (PB) IN SOIL STANDARD NOW EFFECTIVE IN MARYLAND The EPA has described lead as the number one environmental public health hazard in the U.S. And despite that the CDC has in the past identified childhood lead poisoning prevention since 1971 as 1 of 10 great U.S. public health achievements which has included success in reducing human exposures on average, the amount of lead BALTIMORE CITY MANDATES REAL ESTATE CONTRACT PROVISIONS This article identifies issues that must be addressed in an agreement of sale for real estate located within Baltimore City. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. STUART D. KAPLOW, P.A. With an extensive environmental law practice, we provide a sustainability oriented approach to business in Maryland. Unique to each project, we assemble teams of experienced attorneys, elite scientists, talented engineers, real estate gurus, and top-of-their-field environmental specialists to achieve your uniquebusiness goals.
45L ENERGY EFFICIENT HOME TAX CREDIT EXTENDED FOR 2021 BY The Consolidated Appropriations Act, 2021, H.R. 133, signed into law by President Trump on December 27th, extended the 45L energy efficient home $2,000 tax credit, which had been scheduled to expire last year, to cover qualified new energy efficient homes sold or leased through 2021. And yes, regular readers of this website will notice that 179D TAX DEDUCTION MADE PERMANENT BY COVID RELIEF BILL On page 4,872 of the Consolidated Appropriations Act, 2021, H.R. 133, which passed both houses of Congress on December 21st and was signed into law by President Trump on December 27th, the 179D energy efficient commercial buildings federal tax deduction, which had been scheduled to expire at year end, was instead made permanent. At a 179D TAX DEDUCTION ALLOCATED FROM GOVERNMENT BUILDINGS On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. The § 179D federal tax deduction wasbrought back from
A "DOCTOR’S NOTE" NOW TERMINATES A RESIDENTIAL LEASE A “Doctor’s Note” Now Terminates A Residential Lease. Effective October 1, 2005, Maryland law will limit the liability of a tenant for rent under a residential lease to no more than two months’ rent if the tenant provides a ‘doctor’s note’ terminating the lease before the end of the term because of a medical disability. The tenant A SINGLE FAMILY HOME IN MARYLAND CANNOT BE SOLD “AS IS The question this law firm is asked most often about single family home sales is whether or not a house can be sold “as is.” The answer since a dramatic change in Maryland law effective October 1, 2005, is “no” a single family home cannot legally be sold “as is.” Caveat emptor no longer exists USA PATRIOT ACT TO IMPOSE NEW REQUIREMENTS ON REAL ESTATE Under the USA Patriotic Act “persons involved in real estate closings and settlements” are required to establish anti-money laundering programs. Participants in residential and commercial real estate transactions now risk the imposition, by the federal government, of onerous anti-money laundering requirements that would have been unfathomable before the September 11th attacks. NEW LEAD (PB) IN SOIL STANDARD NOW EFFECTIVE IN MARYLAND The EPA has described lead as the number one environmental public health hazard in the U.S. And despite that the CDC has in the past identified childhood lead poisoning prevention since 1971 as 1 of 10 great U.S. public health achievements which has included success in reducing human exposures on average, the amount of lead BALTIMORE CITY MANDATES REAL ESTATE CONTRACT PROVISIONS This article identifies issues that must be addressed in an agreement of sale for real estate located within Baltimore City. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. CHECKLIST FOR ORDERING A PHASE II ENVIRONMENTAL SITE This checklist identifies key issues to be considered when contracting for a Phase II Environmental Site Assessment of a commercial property. When ordering a Phase II assessment, it is important to be aware of the context in which the environmental investigation is to take place. Because of the threat of liability under the Superfund laws, 2018 IGCC – A FAST PACED DEEP DIVE The 2018 International Green Construction Code was released on November 8, 2018 by the U.S. Green Building Council, International Code Council, ASHRAE and the Illuminating Engineering Society.. Make no mistake, the 203 page document unveiled by the coterie of trade group authors and available from the ICC for sale to the public (.. click here for a free read only copy of the 2018 IgCC), is COURT RULES THAT A BURRITO IS NOT A SANDWICH A Massachusetts court settled a ‘food fight’ between Panera Bread Co. and Qdoba Mexican Grill determining that a burrito is not a sandwich. This dispute arose from a 2001 lease, between Panera Bread Co. and the owners of the White City Shopping Center in Shrewsbury, Massachusetts, that restricted the shopping center from renting toanother
LEED REGIONAL PRIORITY CREDITS ARE FREE AND EASY BONUS Regional Priority Credits were introduced into the U.S. Green Building Council’s LEED® 2009 rating standards. A year after their roll-out as a major enhancement of the larger LEED v3 system, Regional Priority Credits (Regional Credits) are little utilized and arguably, little understood. The stated intent of Regional Credits is “to incentivize the achievement of credits BALTIMORE CITY MANDATES REAL ESTATE CONTRACT PROVISIONS This article identifies issues that must be addressed in an agreement of sale for real estate located within Baltimore City. Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, INTEREST RATE PAID ON RESIDENTIAL LEASE SECURITY DEPOSITS Effective October 1, 2004, the amount of interest a landlord must pay a residential tenant in Maryland upon return of the tenant’s security deposit has been altered from 4% to 3% per annum. Generally, under the prior law a landlord was required to pay 4% simple interest, accruing at six-month intervals, on a tenant’s security IT MAY LOOK LIKE A SEAL AND HONK LIKE A SEAL, BUT IT IS Maryland’s highest court recently ruled that use of the word “(Seal)” next to the attestation lines of a contract was not sufficient to constitute a “contract under seal.” In Rouse-Teachers Properties, Inc. v. Maryland Casualty Company, the Court held, despite both parties arguing that a written agreement was a “contract under seal,” such was insufficient CHECKLIST OF REQUIRED REAL ESTATE CONTRACT PROVISIONS IN The recodification of the Baltimore County Code, effective July 1, 2004, altered the language that must be contained in a contract of sale for real property. Contract forms should be updated for risk that the writing will now be voidable by a prospective purchaser. Moreover, a person who violates these several provisions of the County BALTIMORE COUNTY POISED TO CREATE NEW RC 6 AND RC 7 ZONES Baltimore County is expected to enact legislation next month creating two new resource preservation zoning districts. RC 7 Zone The proposed RC 7 zone is intended to protect “valuable cultural, historic, recreational, and environmental resources” through significantly lowering residential densities and reducing the scale of non-residential building. E-SIGNATURES NOW BIND REAL ESTATE CONTRACTS ON THE WEB The new Maryland law defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”. An electronic record is defined as “a record created, generated, sent, communicated, received or restored byelectronic
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PFOA Contamination is Now Found in 49 States FROM THE LEGAL LIBRARYREAD ARTICLE
November 17, 2019
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Real Estate Law
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What You Can Say about RECs is Regulated by the FTC FROM THE LEGAL LIBRARYREAD ARTICLE
November 11, 2019
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Sustainability Law
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An HREC is Not a REC in a Phase I Environmental Site Assessment FROM THE LEGAL LIBRARYREAD ARTICLE
November 4, 2019
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Environmental Law
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FTC Finds Truly Organic is Not FROM THE LEGAL LIBRARYREAD ARTICLE
October 27, 2019
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Stuart D. Kaplow, P.A. is an innovative law firm representing a wide array of business interests in a boutique real estate practice providing the full range of real estate services. VIEW ENTIRE LIBRARY >>*
Government to Allow Less Lead in Drinking Water FROM THE LEGAL LIBRARYREAD ARTICLE
October 20, 2019
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Stuart D. Kaplow, P.A. has an broad environmental law practice with focused experience in sustainability including green building. VIEW ENTIRE LIBRARY >>*
ESG Disclosure Simplification Act Passes Committee But Will Fail FROM THE LEGAL LIBRARYREAD ARTICLE
October 13, 2019
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Environmental Law
Stuart D. Kaplow, P.A. provides comprehensive environmental and unique sustainable legal solutions to critical business issues from A to Z. VIEW ENTIRE LIBRARY >>Environmental Law
PFOA Contamination is Now Found in 49 StatesEnvironmental Law
What You Can Say about RECs is Regulated by the FTCEnvironmental Law
An HREC is Not a REC in a Phase I Environmental Site AssessmentEnvironmental Law
FTC Finds Truly Organic is NotEnvironmental Law
Government to Allow Less Lead in Drinking WaterEnvironmental Law
ESG Disclosure Simplification Act Passes Committee But Will Fail Maryland Environmental, Real Estate & Sustainability Law FirmStuartD. Kaplow P.A.
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