Blogs

Construction

Fairfax Circuit Court Limits Homeowners’ Ability to Challenge Zoning Administrator

Contentious land use approvals often result in lawsuits, which, even when unsuccessful, can lead to costly delays for developers. In the recent case styled In Re: November 20, 2013 Decision of the Board of Zoning Appeals of Fairfax County, the Fairfax County Circuit Court threw out one such legal challenge by homeowners to a controversial…

January 28, 2015

Construction

The City of Fairfax and Affordable Housing

Legislation proposed in the Virginia House of Delegates would give the City of Fairfax specific authority to adopt an affordable housing ordinance offering bonus development density in projects that provide an affordable housing component. Legislation at the state level is necessary, because under Virginia’s Dillon Rule a locality has only those powers that are expressly…

January 22, 2015

Employment Law

Does the Pregnancy Discrimination Act Require Employers to Provide Light Duty Accommodations to Pregnant Employees?

Thirty-five years ago, the Pregnancy Discrimination Act (“PDA”) established that it is unlawful for employers with fifteen or more employees to discriminate against pregnant workers “because of or on the basis of pregnancy, childbirth or related medical conditions.” That remains the basic law of the land today. What has remained unclear, however, is whether Congress,…

January 16, 2015

Intellectual Property

Privacy Policies for Mobile Apps: One Size Does Not Fit All

Online privacy is a growing concern for us all. As a mobile app owner or developer, you must include a privacy policy in your app that details the information you collect from users and the manner in which that information is stored and used. Although borrowing a privacy policy from a similar app or purchasing a template online may be tempting, doing so can potentially create huge legal and financial liability for your company, and ultimately carries more risk than benefits. The key to your…

January 15, 2015

Construction

Arlington’s Expanding Technology Zones

Arlington’s County Board is set to expand the number of properties eligible for its Technology Zone tax incentive program. On December 13, the County Board will consider adding properties zoned Commercial/Mixed Use or Industrial to the list of qualifying properties. Currently, only properties located within one of the County’s four Technology Zones qualify for the…

December 10, 2014

Construction

Amendment to the Interstate Land Sales Full Disclosure Act

Changes to the Interstate Land Sales Full Disclosure Act will be effective March 29, 2015. These changes will exempt condominium developers from the filing and registration requirements of the Interstate Land Sales Act. This amendment will eliminate the need for condominium developers to register condominium projects with the Consumer Financial Protection Bureau and to provide condominium unit purchasers with the property reports and contractual protections required under the Interstate Land…

December 5, 2014

Construction

Arlington’s New LEED Standards

On November 15th, the County Board of Arlington County voted 4-1 to adopt a revised incentives policy for its green building standards. While technically a “voluntary” component of 4.1 Site Plan applications, the County has long encouraged and planned for new buildings to be LEED certified. The revised policy includes the following changes: Projects must propose to achieve LEED Version 4 Silver certification, or above Commercial and Residential projects will receive the same base bonus…

December 5, 2014

Land Use & Zoning

­Changes are Coming to ISD

Changes may be on their way to Arlington County Inspection Services Division, according to Shahriar Amiri. Early this month, Mr. Amiri, director of Inspection Services for Arlington County, addressed NAIOP-Arlington and explained his plans to change the way permits are issued in Arlington County. In the next 6-9 months, a cashier will be added to the 10th floor of the Arlington County building at Courthouse, allowing for more convenient payment for permitting and zoning applications.…

December 5, 2014

Estate Planning

Estate Planning Questions: Naming a Beneficiary to your Accounts

Why not just add a child or loved one to your accounts? We often see instances where an elderly parent has added the name of a child or other loved one to their bank accounts, CDs or brokerage accounts. Normally the elderly individual is looking for a simple way to allow someone else to help manage their finances. When pressed, we often determine that it was not the intent of the older individual that the account would pass to a single individual, but rather that the person would manage the…

December 3, 2014

Estate Planning

Looking for a New Acronym? Try QLAC

What’s a QLAC? Effectively, it is a Qualified Longevity Annuity Contract that’s owned by a traditional IRA or 401K plan. Why is this important and what is a “Qualified Longevity Annuity Contract”? Longevity annuities provide income starting at a future date. As a number of commentators have pointed out, most retirees are not worried about retirement in their early years because they will have assets in their retirement account, but they’re often worried about whether or not their traditional…

December 3, 2014