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Construction Zoning, Planning & Land Use Residential Real Estate

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Developer-Buyer Beware: Calling Assumed Improvement Bonds In North Carolina Can Be Complex

by Womble Bond Dickinson on

In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more

Podcast Episode 13 - Penn Central and the Loft by Central Park

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 13, Professor Jamila Jefferson-Jones joins us to discuss the sharing economy, regulations on short-term rentals, and how such regulations...more

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

by Womble Bond Dickinson on

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

From Red to Black: Using Tax Credit Programs to Complete the Project

Similar to other industries in today’s economy, our contractor and developer clients deal in a highly competitive marketplace. As contractors and developers seek opportunities to expand business, they should consider some...more

Massachusetts Appeals Court Holds that Restrictive Covenants Created as Part of a Common Scheme May Be Extended Beyond Thirty...

by Mintz Levin on

On December 5, 2017, the Massachusetts Appeals Court issued an important decision in Berger v. 2 Wyndcliff, LLC, No. 16-P-336 (Mass. App. Ct. Dec. 5, 2017), clarifying the extent to which land owners in a common-scheme...more

Trendy Building Material May Cause Future Problems

We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured...more

Podcast Episode 12 - When the Government Pays for the Moving Van with Ms. Lisa Harrison

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. ...more

Podcast Episode 11 - Damaging Clauses with Professor Maureen "Molly" Brady

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 11, Professor Molly Brady from the University of Virginia joins us to discuss damaging clauses and her recent law review article. She has...more

Denver Green Roof Initiative Passed by Denver Voters

By a narrow margin, on Nov. 7, 2017, Denver voters approved a Citizen Ballot Initiative (“Initiative”) that mandates green roofs on all new buildings with over 25,000 square feet of floor area. The Initiative also requires...more

Micro Units: The Latest Trend in High Density Housing

by Miles & Stockbridge P.C. on

In my previous article “The Tiny House Craze: Zoning Laws Could Be a Tiny Impediment” I discussed the popular new “tiny house” trend in residential housing options. Along with the “tiny house” craze, another new and growing...more

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

by Holland & Knight LLP on

The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

Podcast Episode 10 - Negotiating for Project Change and the National Environmental Policy Act

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 10, I share some thoughts around negotiating for a change in a project to benefit the utility of the remainder property. I also discuss the...more

Proposed Changes to HVCRE Open for Comment

by Dechert LLP on

At long last (at least for those of us who have been checking the Federal Register daily), the proposed HVADC rule has been published in the Federal Register and is open for comment...more

The 2017 Amendments to the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g (Public Act 17-170)

by Shipman & Goodwin LLP on

Every year since 1990, when the Connecticut General Assembly first enacted the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g, legislators have filed bills to repeal it, gut it, or substantially amend it. ...more

Bellevue’s Downtown Livability Initiative

Nearly five years after the Bellevue City Council commenced the Downtown Livability Initiative, the Council brought the initiative full circle by unanimously adopting a substantially revised, 190-page downtown land use code....more

The Governor’s Housing Package - Affordable Housing Production in California Gets a Boost from Sacramento

by Best Best & Krieger LLP on

A package of 15 new housing bills will have far-reaching implications for every city in California. Collectively, these new laws are meant to significantly boost affordable housing production by removing local land use...more

Osceola County Proposes Development Moratorium of Three to Six Months to Implement Changes to Land Use Standards

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to...more

9th Edition Massachusetts State Building Code Approved With Concurrency Period

by Goulston & Storrs PC on

The long-awaited 9th Edition of the Massachusetts State Building Code has been approved by the Massachusetts State Board of Building Regulations and Standards and filed with the Secretary of State, to become effective on...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

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

by Holland & Knight LLP on

In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

Podcast Episode 9 - Special Use Properties and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 9, I share a recent presentation regarding valuation of special use properties. During that presentation, I also touched upon the little...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

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

Land Use Update: Los Angeles Approves Density Increases for Transit Oriented Communities

by Ervin Cohen & Jessup LLP on

The Los Angeles’ Department of City Planning has just released the final guidelines for the Transit Oriented Communities Affordable Housing Incentive Program (“TOC Guidelines”). These guidelines were required under the...more

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