The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more
4/17/2024
/ CEQA ,
Constitutional Challenges ,
Dolan v City of Tigard ,
Fifth Amendment ,
Impact Fees ,
Land Use Fees ,
Land Use Restrictions ,
Land-Use Permits ,
Multi-Factor Test ,
Nexus ,
Nollan v California Coastal Commission ,
Private Property ,
Property Owners ,
Proportionality ,
Real Estate Development ,
Rough Proportionality Test ,
SCOTUS ,
Takings Clause
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
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
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
California Senate Bill (SB) 10, which Gov. Gavin Newsom signed into law on Sept. 16, 2021, and will take effect on Jan. 1, 2022, provides that local agencies may adopt an ordinance to allow up to 10 dwelling units on any...more
Signed into law by California Gov. Gavin Newsom on May 20, 2021, and taking immediate effect as an "urgency statute," Senate Bill (SB) 7 revives and expands the previously enacted Environmental Leadership Development Project...more
6/1/2021
/ CEQA ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Housing Developers ,
HUD ,
LEED Certified ,
LEED Rules ,
Net Zero ,
New Legislation ,
Real Estate Development ,
State and Local Government
In a closely watched case, Protecting Our Water & Environmental Resources v. County of Stanislaus (POWER), Case No. S251708 (Aug. 27, 2020), the California Supreme Court has issued its first significant decision about the...more
The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended...more
In response to the COVID-19 pandemic, the California Judicial Council on April 6, 2020, introduced amendments to the California Rules of Court, which are effective immediately and impact a broad suite of criminal and civil...more
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
The California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21000 et seq., imposes significant procedural and substantive requirements on private and public projects throughout the state. However, even a state law...more
8/8/2017
/ CA Supreme Court ,
CEQA ,
Federal v State Law Application ,
High-Speed Rail ,
High-Speed Rail Authority ,
ICCTA ,
Preemption ,
Public Projects ,
Railroads ,
State and Local Government ,
Surface Transportation Board
In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require...more
The California Department of Fish & Wildlife (CDFW) published draft regulations interpreting California laws that protect birds of prey, and the nests and eggs of birds generally. These draft regulations, released on Aug. 14,...more
This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or...more