The 2023 California Legislative session, like the last several, saw the enactment of a large number of significant new housing production laws. (See Holland & Knight's previous annual recaps of California Housing Laws in the...more
11/6/2023
/ Accessory Dwelling Units (ADUs) ,
Affordable Housing ,
CEQA ,
Density Bonus ,
Environmental Impact Report (EIR) ,
Housing Developers ,
Housing Market ,
Low Income Housing ,
New Legislation ,
Prevailing Wages ,
Real Estate Development ,
Urban Planning & Development
One of the key problems contributing to California's housing crisis is that it is relatively easy for housing opponents to file litigation challenging housing approvals, and even a completely meritless lawsuit can cause years...more
O'Brien Land Company's more than a decade-long odyssey to build 315 zoning-compliant homes – chronicled in Conor Dougherty's book Golden Gates: Fighting for Housing in America – has become the stuff of housing law legend,...more
As in previous years, the California Legislature enacted a large volume of housing production laws in the 2022 session, some of which may have a significant effect on housing production in 2023. ...more
10/11/2022
/ Accessory Dwelling Units (ADUs) ,
Affordable Housing ,
CEQA ,
Colleges ,
Density Bonus ,
Governor Newsom ,
Housing Developers ,
Housing Market ,
LEED Certified ,
Mixed-Use Zoning ,
Parking Lots ,
Proposed Legislation ,
Real Estate Development ,
Student Housing ,
Universities ,
Urban Planning & Development ,
Zoning Laws
The California Legislature passed Assembly Bill (AB) 2011 (Wicks), the Affordable Housing and High Road Jobs Act of 2022, and Senate Bill (SB) 6 (Caballero), the Middle Class Housing Act of 2022, on Aug. 29, 2022. Both pieces...more
Recent decisions from two court cases – Schreiber v. City of Los Angeles1 and Bankers Hill 150 v. City of San Diego2 – make California's Density Bonus Law a powerful tool not just for accessing increased density, but also for...more
6/2/2022
/ Affordable Housing ,
Amended Legislation ,
Density Bonus ,
General Plan ,
Housing Developers ,
Housing Market ,
Incentives ,
Market Rate ,
Mixed-Use Zoning ,
Real Estate Development ,
Urban Planning & Development ,
Waivers
As in previous years, the California Legislature passed a large volume of laws related to housing in the 2021 legislative session. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section...more
10/13/2021
/ Accessory Dwelling Units (ADUs) ,
Affordable Housing ,
CC&Rs ,
CEQA ,
Density Bonus ,
Equity Sharing Agreements ,
Housing Developers ,
Housing Market ,
Market Rate ,
Multi-Family Development ,
New Legislation ,
Nonprofits ,
Parking Lots ,
Single Family Housing ,
Urban Planning & Development ,
Zoning Laws
As California's housing supply and homelessness crisis continues to worsen, the state Legislature has for the past several years passed numerous pieces of housing legislation in each legislative session. ...more
9/23/2020
/ Affordable Housing ,
Coronavirus/COVID-19 ,
Forbearance Agreements ,
Housing Market ,
Landlords ,
Legislative Agendas ,
Mortgages ,
Real Estate Development ,
Residential Leases ,
State and Local Government ,
Tenants ,
Urban Planning & Development
For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more
12/5/2019
/ Affordable Housing ,
Appeals ,
City Charters ,
Legislative History ,
Low Income Housing ,
Municipalities ,
Public Land ,
Real Estate Development ,
Reversal ,
State and Local Government ,
State Constitutions ,
Urban Planning & Development ,
Zoning Laws
California Gov. Gavin Newsom announced during his campaign that one of the ways in which he intended to deliver on his ambitious housing goals was to make state and local surplus properties more available for affordable...more
11/6/2019
/ Affordable Housing ,
Amended Legislation ,
Community Development ,
Construction Industry ,
Databases ,
Governor Newsom ,
Housing Developers ,
New Legislation ,
Public Agencies ,
Public Property ,
Request for Proposals ,
Urban Planning & Development ,
Zoning Maps
A handful of important state laws related to housing have been passed by the California legislature, including the Housing Crisis Act of 2019 (SB 330), which provides a set of limited reforms to the Housing Accountability Act...more
11/6/2019
/ Affordable Housing ,
Amended Legislation ,
Density Bonus ,
Homeless Issues ,
Housing Developers ,
Housing Market ,
Legislative Agendas ,
Multi-Family Development ,
Notice Requirements ,
Pending Legislation ,
Rent Control ,
State and Local Government ,
Tenants ,
Urban Planning & Development ,
Zoning Laws
As California's housing supply and homelessness crisis continues, the State Legislature has for the past several years passed numerous pieces of housing legislation in each legislative session. This year was no exception,...more
10/21/2019
/ Accessory Dwelling Units (ADUs) ,
Affordable Housing ,
Agricultural Sector ,
Building Permits ,
CEQA ,
Common-Interest Communities ,
Community Development ,
Governor Newsom ,
Homeowners Association (HOA) ,
Housing Developers ,
Housing Market ,
Infrastructure Financing ,
Land Trusts ,
Multi-Family Development ,
Pending Legislation ,
Proposed Amendments ,
Rent Control ,
Residential Real Estate Contracts ,
Residential Real Estate Market ,
State and Local Government ,
Urban Planning & Development ,
Wildfires ,
Zoning Laws
The California Department of Housing and Community Development (HCD) on Nov. 29, 2018, issued its final Guidelines for the implementation of Senate Bill 35 of 2017 (SB 35).
SB 35 requires most local governments to issue...more
• After the California Legislature passed a high-profile package of 15 new housing laws in 2017, it has continued to focus on housing laws in 2018 to address the state's epic housing shortage.
• As Gov. Jerry Brown winds...more
10/8/2018
/ Affordable Housing ,
Bay Area ,
CEQA ,
CEQA Reform ,
Comment Period ,
Density Bonus ,
Governor Brown ,
Housing Market ,
Low Income Housing ,
Low-Income Issues ,
Multi-Family Development ,
New Legislation ,
Public Comment ,
Real Estate Development ,
State and Local Government ,
Urban Planning & Development
• One of the most notable laws in California's package of housing laws passed by the State Legislature and signed by Gov. Jerry Brown in 2017 is SB 35, which requires most local governments to issue housing developers...more
2/16/2018
/ Affordable Housing ,
Approval Requirements ,
CEQA ,
Construction Workers ,
Environmental Review ,
Governor Brown ,
Housing Developers ,
Jurisdiction ,
Local Ordinance ,
Multi-Family Development ,
New Guidance ,
Project Labor Agreements ,
Wage and Hour
• California Gov. Jerry Brown has signed into law two bills that significantly reform California's Housing Accountability Act (HAA).
• Effective Jan. 1, 2018, these laws will significantly increase the ability of housing...more
10/2/2017
/ Administrative Fines ,
Affordable Housing ,
Approval Requirements ,
Attorney's Fees ,
Governor Brown ,
Housing Developers ,
Housing Market ,
Low Income Housing ,
Mixed-Use Zoning ,
New Legislation ,
Objective Standard ,
Real Estate Development ,
Reformation ,
Regulatory Burden ,
Urban Planning & Development
This is the fourth edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more