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Density Bonus Comes to San Francisco

In the face of runaway housing costs, San Francisco is proposing to implement the state “density bonus” law. First adopted by the California legislature thirty-six years ago, the state law (California Government Code Section...more

Tax Increment Financing Implementation Changes Coming Soon

As many of you who are involved in developing projects in urban renewal or downtown development areas know, the principal method for financing such projects is tax increment financing (TIF). Tax increment financing is...more

Flushing Out the Safe Harbor: “General Land Area Minimum” Offers Newton No 40B Shelter

Municipalities long unable to achieve ten percent affordable housing are now turning more frequently to a different Safe Harbor to block development of low and moderate income housing – compliance with the “General Land Area...more

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

Major Changes to District of Columbia Zoning Regulations

Effective in early 2016, the District of Columbia Zoning Commission will adopt a major overhaul of the zoning regulations. Although the overhaul is intended to simplify and update the 1958 zoning regulations, the new...more

(UK) UK Government Policy Reversal on Small Developments Affordable Housing and the Vacant Building Credit

The recently introduced vacant building credit, and policy exemption for small developments from affordable housing contributions have been swiftly removed from national planning guidance this morning following a High Court...more

Abu Dhabi Global Markets: New Regulations: Strata

The ADGM Strata Title Regulations 2015 (the “Strata Regulations”) introduce a set of strata specific laws which deal with the stratification of real estate interests situated within the Abu Dhabi Global Market (“ADGM”), which...more

Real News - Summer 2015

Welcome to the summer edition of Real News, DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this edition:- - Jon Gaskell looks at recent changes made to the CDM...more

Practical questions persist on zonal planning proposal

This month's Fixing the Foundations 'productivity plan' commits the government to 'an urban planning revolution on brownfield sites'. Ministers have already pledged to create a register of brownfield land suitable for...more

Recent Developments in Retrofit Liability of Publicly Accessible Properties

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more

Lujo y cultura detrás del crecimiento de Miami como un destino para los más ricos

La ciudad de Miami sigue figurando como uno de los destinos mundiales principales para los extremadamente ricos. Según el Informe anual sobre la riqueza (The Wealth Report) de Knight Frank de 2015, Miami ocupa el sexto lugar...more

Real World: An Update from Dechert's London Finance and Real Estate Group - July 2015: Enforcement of Restrictive Covenants Under...

Under a building scheme, where restrictive covenants are imposed on the original plot owners within a development for the mutual benefit of the plots, subsequent owners may enforce those covenants against each other. In...more

Owners and Developers Should Review Permits Now Before Time Runs Out

At the end of June, Governor Raimondo signed into law legislation that suspends the running and expiration of all development permits until June 30, 2016. This suspension further expands a permit toll that has been in place,...more

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

California Supreme Court Upholds San Jose’s Inclusionary Housing Ordinance

In California Building Industry Association v. City of San Jose (Case No. S212072, filed June 15, 2015), the California Supreme Court upheld an inclusionary housing ordinance imposing affordable housing requirements as a...more

California's Highest Court Upholds San Jose's Affordable Housing Ordinance

Requirement to construct or provide affordable housing is permissible under California Constitution police powers - This week, in a long awaited decision, California Building Industry Association v. City of San Jose,...more

Action Needed – FY 2016 Appropriations Bill may cut HOME program funding by 93%

The Fiscal Year 2016 Transportation, Housing and Urban Development, and Related Agencies (THUD) Subcommittee has proposed critical markups to the Year 2016 Appropriations Bill. One of the most dramatic funding cuts all but...more

Government & Regulatory Law Update June 2015: California Supreme Court Holds That the City of San Jose’s Inclusionary Housing...

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, addressing the legal standards to be used in determining the constitutionality of ordinances...more

Mutual Water Companies: A Water Supply Option for Multifamily and Residential Developments

With the ongoing drought in California, multifamily and residential subdivision developers who encounter difficulties in obtaining water service commitments for their projects from existing water suppliers may consider...more

California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated...

In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s...more

California Supreme Court Upholds Validity of Inclusionary Housing Ordinances

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, No. S212072, unanimously upholding the validity of inclusionary housing programs in...more

California Supreme Court Holds Inclusionary Zoning Subject to Rational Basis Review

2013 was a banner year for developers under the takings clause, as both the U.S. Supreme Court and California Supreme Court issued decisions expanding the developers’ ability to challenge exactions as unconstitutional. In...more

California Supreme Court Holds Facial Challenge to Inclusionary Zoning Ordinance Subject to Deferential Standard of Review

In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more

Proposed Extensions for Boston's Expiring Urban Renewal Plans

The Boston Redevelopment Authority (BRA) is considering 10-year extensions for 14 urban renewal plans, originally adopted in the 1960s and early 1970s, that cover approximately 10% of Boston’s land area. If the proposed...more

CEQA Categorical Exemption Case Opinion Ordered Slightly Modified By Supreme Court; Berkeley Hillside Preservation Judgment Is...

On May 27, 2015, the California Supreme Court filed a 4-page order modifying portions of the majority and concurring opinions previously filed March 2, 2015, in Berkeley Hillside Preservation v. City of Berkeley (2015) 60...more

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