Legal
What are the current and future legal issues for the coliving industry
In order for the global coliving movement to be successful, coliving companies must function within the laws and policies that exist in the cities and countries where they operate. Legal challenges from city planning boards and/or outdated real estate regulations have thus far been some of the major hurdles to the coliving industry’s growth. It’s essential that coliving companies are not only aware of the local and country level laws that currently exist, but also educate policy makers and local residents on the advantages of shared living models. While there is not yet an abundance of legal resources dedicated to coliving, the below publications and podcasts are a great place to start to understand coliving legal matters.
Top Resources
Lawyers for International Coliving Expansion
The Coliving Code Show
Coliving guru Christine McDannell interviews international law attorney Tim Rezendes and real estate lawyer Jonathan Mills on her podcast show. If you’re a coliving company thinking about expanding across borders, this is definitely a must watch.
Co-Living: Defined and Dissected
Michelle Maratto Itkowitz
An in-depth paper from a tenant/landlord litigation lawyer Michelle Marratto Itkowitz about several legal issues pertaining to coliving including compliance with rent stabilization and anti-discrimination laws.
'She Wants Well-Qualified People': 88 Landlords Accused of Housing Bias
The New York Times
For coliving operators, finding the right tenants is extremely important since part of the coliving value proposition is a robust community of friends. Even more important, however, is for coliving operators to ensure their renting practices abide by local laws and regulations. This New York Times piece covers New York City landlords showing bias against renters on housing assistance and can be a valuable warning for coliving operators to ensure their tenant selection process is legal.
Burning Down the Housing Market: Communal Living in New York
France Svistovski
A very in-depth paper published in the Fordham Urban Law Journal about the legal issues faced by communal living arrangements such as coliving. The paper specifically examines the outdated zoning and landlord laws in New York City that make it difficult for concepts like coliving to reach their full potential.
Understanding the legal issues of co-living: 3 ways to protect yourself
Emily Myers
This article from Brick Underground examines the legal issues for tenants to keep in mind when thinking about living in coliving environments. While the focus of the article is specific to the notoriously difficult rental market in New York City, the three tips should be taken into account for all potential coliving tenants.
Managing Your Coliving Property post Covid-19 - a Legal Perspective
Jonathan Mills and Andrew McCormack
This piece from coliving legal experts Jonathan Mills and Andrew McCormack covers the important legal differences between the Master Lease and Property Management Agreement. As coliving operators have learned through the covid-19 pandemic, the legal language in rental agreements is extremely important, particularly when there are market downturns. This article is a great place to start to learn the basics.
Coliving: A Nontraditional Affordable Housing Option
PD&R
Summing up some of the key takeaways from the 2019 National Alliance to End Homelessness conference, this piece recounts the legal history of shared living in the US and the many regulatory restrictions that are still in place today.
Recession proof, but can co-living be pandemic proof?
Osborne Clarke
This 17-minute video podcast features Jonathan Mills and Matt Kyle from Osborne Clarke as they discuss the legal issues for coliving operators with respect to health and safety during the pandemic.
Transforming the way we live
Osborne Clarke
It’s no secret that the Real Estate industry is a very risk averse industry and therefore is often slower than other industries to innovate and adapt to new trends. This 24 page report from Osborne Clarke digs into the rapid pace of change in the way people live and provides a roadmap for the future success in the Alternative Residential market (which includes coliving).
Co-living in the UK - Market and Legal Issues
Herbert Smith Freehills
This article from Herbert Smith Freehills covers the different legal categories of how coliving can be classified by laws across the UK as well as the planning law repercussions depending on which category buildings are classified under.
Renters Insurance for Co-Living
Forbes
For any real estate business, making sure the company and customers are properly insured is extremely important. In this piece Forbes Editor Jason Metz covers the basics of renters insurance and why it’s a good idea for coliving residents to consider it.
India: Model Tenancy Law 2020: Need And Implications
Alpha Partners
India has one of the fastest growing real estate markets in the world and laws around tenancy will play a big part in how the sector is shaped over the coming decades. This piece from Alpha Partners provides a brief overview of the Indian real estate sector as well as the Model Tenancy Act of 2020.
Zoning for Co-Living in Alexandria
Virginia Tech
Urban Planning master’s students Melissa Cameron, Alex Wilkerson, Dinah Girma, and Jenn Burch, compiled a fascinating 50 page report on coliving zoning laws in the US. After presenting case studies from Denver and Salt Lake City, the authors give policy recommendations for creating coliving zoning in Alexandria, Virginia.
‘She Wants Well-Qualified People’: 88 Landlords Accused of Housing Bias
The New York Times
For coliving operators, finding the right tenants is extremely important since part of the coliving value proposition is a robust community of friends. Even more important, however, is for coliving operators to ensure their renting practices abide by local laws and regulations. This New York Times piece covers New York City landlords showing bias against renters on housing assistance and can be a valuable warning for coliving operators to ensure their tenant selection process is legal.
Housing for All - Cohousing/Co-living in Alexandria
The City of Alexandria
This 2021 presentation from the City of Alexandria provides a rare look inside the process of creating public policy to facilitate coliving developments. The city’s proposed Coliving Initiative is proposing to change certain zoning laws in order to incentivize higher density living units to combat the housing affordability crisis in the city.
Co-living apartments get green light from Planning Commission
Jesica Ryzenberg
A September 2021 article out of Los Angeles describes the approval process for two coliving developments in West Hollywood. A quick but valuable read for those looking to see behind the curtain of how city planners think about the advantages and disadvantages of coliving.
Draft Housing SEPP released, reducing housing opportunities
Mills Oakley
Aaron Gadiel, a Partner at Australian law firm Mills Oakley, provides an in-depth analysis of proposed housing legislation in New South Wales called State Environmental Planning Policy (Housing) 2021. In this article Gadiel makes the argument that the proposed policy aimed at increasing housing supply would actually reduce housing opportunities without significant changes.
Coliving Resources by Co-Liv © 2021
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