“Real estate is a little bit unique in that it’s predominantly very localized, you have mostly contract issues and zoning issues, so it’s really looking for where there is real estate impacted by a federal statute. There could be many, many different avenues that are not necessarily specific to real estate, but the impact is still on real estate,” she said. “The most specific one likely to impact real estate directly is in the multifamily context because they’re living under the Fair Housing Act, and that statue is very broad and ambiguous, and HUD in particular has had a great deal of latitude in setting guidance and bringing enforcement as to what they believe should be the law even though it’s not congressionally written as such.”
Source: How Real Estate Attys Should Prep for Possible Chevron Shift | News | Holland & Knight