The Second Circuit has voted against rehearing en banc a decision deferring to a federal agency’s interpretation of its powers to regulate single-floor condominium units in multi-story buildings as “lots of land,” subject to certain disclosures under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §1701.
On Thursday, the court said it would not rehear a panel ruling on May 6, 2013 in Berlin v. Renaissance Rental Partners, 12-2213, that deferred to the interpretation of the department of Housing and Urban Development and its successor on the regulation, the Consumer Protection Financial Bureau, that the term “land” applies to “realty.”
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