News & Analysis as of

Housing Developers

Newark Residential Developers: New Affordable Housing Requirement May Cost You

by McCarter & English, LLP on

Developers of new residential projects in Newark may need to factor in affordable housing following the Newark City Council’s recent adoption of a zoning ordinance requiring most future residential development projects...more

City Passes New Affordable Housing Requirements in Three Pilot Zones

by Foley & Lardner LLP on

On October 11th, the Chicago City Council passed two ordinances creating three new Affordable Requirements Ordinance zones. The new requirements eliminate the option to pay an in-lieu fee in the pilot zones, and require...more

State Authorizes Rental Inclusionary Housing Requirements

by Perkins Coie on

One of the 15 housing-related bills signed recently by Governor Brown could have especially significant implications for market-rate, residential rental projects in many jurisdictions, as the new legislation, AB 1505, will...more

Fairfax County Accepting Site-Specific Plan Amendment Proposals for North County Properties

by McGuireWoods LLP on

Fairfax County recently announced it will accept site-specific Comprehensive Plan Amendments for the northern portion of the County. The deadline for such nominations is Dec. 5, 2017. This opportunity applies to property...more

Governor Signs Package of Bills to Tackle California Housing Crisis

by Allen Matkins on

On September 29, 2017, Governor Brown signed a package of 15 housing bills to address California’s ongoing housing crisis. The suite of bills creates a variety of tools to address the crisis from authorizing bond funding for...more

Expanded ARO pilot program poised for Chicago City Council approval

by Thompson Coburn LLP on

Earlier this week, after a four-hour hearing, the Chicago City Council’s Committee on Housing and Real Estate recommended approval of a three-year pilot initiative to expand and modify the City of Chicago’s Affordable...more

California Governor Signs into Law Major Reforms to Housing Accountability Act - New Law Increases Developers' Ability to Secure...

by Holland & Knight LLP on

• 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

New California Law Streamlines Local Approval Process for Affordable Housing Units

by Alston & Bird on

Our Land Use Team reviews new California laws that affect affordable housing programs and allow some projects to avoid California Environmental Quality Act review. Today, California Governor Jerry Brown signed a package of...more

California Legislature Responds to the State’s Housing Crisis With Increased Funding, Streamlining, and Enforcement

On the final day of the legislative session, California’s legislature approved 15 separate housing bills, taking a big step toward addressing California’s ongoing housing crisis. The collection of bills comes after months of...more

The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging...

by Miller Starr Regalia on

AB 890 (Medina – D), recently sent to Governor Brown for action by October 15, seeks to amend Government Code § 65867.5 and to add §§ 65363 and 65850.10 to prevent development agreements and certain types of land use planning...more

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

by Perkins Coie on

The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor...more

Land Use Matters, Alston & Bird LLP, September 2017

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional...

In Pulte Home Corp. v. American Safety Indemnity Co. (No. D070478; filed 8/30/17), a California appeals court found that manuscript additional insured endorsements on construction subcontractors’ policies were ambiguous...more

Issues, challenges and opportunities in the real estate and housing sector in Côte d’Ivoire

by Dentons on

For many years, population growth, combined with sustained urbanisation, has created enormous needs in all sectors, including the housing sector, in Côte d'Ivoire....more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

Court Dismisses Developer’s Claim Against Township For Damages

by Fox Rothschild LLP on

In the case of Cardinal Crossing v. Marple Township, the PA Commonwealth Court was faced with the issue of whether a developer, who spends substantial funds on a development, in reliance on statements of support from a...more

How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions

It is important for design professionals to understand and consider the impact of proposed construction upon adjacent properties and the obligations project owners have to adjacent property owners. All parties should...more

Philadelphia Reorganizes Development-Related Agencies

by Fox Rothschild LLP on

Effective July 1, 2017, the City of Philadelphia established a single Department of Planning and Development. The Department will have three divisions. The Division of Planning and Zoning will include the Art Commission,...more

City of Charleston Changes Workforce Housing Zoning Rules

by McNair Law Firm, P.A. on

The City of Charleston has changed the rules governing the Mixed Use Workforce Housing District Zoning Ordinance in an effort to further diversify housing opportunities for residents....more

What You Need to Know About San Francisco’s Inclusionary Affordable Housing Program

On July 11, 2017, the San Francisco Board of Supervisors finally voted to adopt sweeping (and complex) changes to the City’s Inclusionary Affordable Housing program.....more

Update – City of Los Angeles Affordable Housing Linkage Fee

The City of Los Angeles continues to move toward the adoption of an ordinance that establishes an Affordable Housing Linkage Fee (Ordinance). As currently proposed, the key provisions of the Ordinance are as follows...more

Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision...

by Sherman & Howard L.L.C. on

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio...more

Courts Will Not Second-Guess Development Decisions When the Findings are Supported by Substantial Evidence

by Miller Starr Regalia on

On May 23,2017, the Court of Appeal for the Fourth Appellate District granted a request to publish Kutzke v. City of San Diego, __ Cal. App. 5th __ (2017) (Case No. D070288), another opinion that shows the deference courts...more

Federal Court Halts Lawsuit Consideration over Obama’s Clean Water Rule; Pruitt Recruits Governors to Shape New EPA Water...

One of President Trump’s early campaign promises was to dismantle the 2015 Clean Water Rule, the Obama administration’s regulation asserting federal power over navigable bodies of water and aiming to replace polluting...more

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