Right of First Refusal Tag Archives

Washington State Report Details the Threat of LIHTC Nonprofit Transfer Disputes

The Washington State Housing Finance Commission released Nonprofit Transfer Disputes in the Low Income Housing Tax Credit Program: An Emerging Threat to Affordable Housing. In Washington and other states, nonprofit housing developers are struggling with legal challenges to statutory ownership transfers, draining resources away from affordable housing. The report defines the emerging threat and shares a clear interpretive framework that courts can follow when resolving these disputes.

Nixon Peabody: Update of ROFR Cases

In this article, Louis Dolan and Juan García with Nixon Peabody describe the implications of a recent decision out of the Eastern District of New York concerning rights of first refusal (ROFR). The decision provides a very effective roadmap for litigating these disputes in federal court and suggests some arguments that property developers and investors may advocate in favor of an ordinary, state-law definition of rights of first refusal to protect their property rights.