Critical state housing laws go into effect January 1, 2024

Allen Matkins – January 5

We previously published a legal alert on October 12, 2023, about the extensive housing package that Governor Gavin Newsom signed on October 11, 2023, consisting of 56 bills to help address California’s decades-in-the-making housing crisis by simplifying and expediting the construction of new housing, protecting tenants, and keeping housing affordable. These new and amended laws are expected to benefit multi-family mixed-income housing developers state-wide. As most of them went into effect January 1, 2024, we provide again a link to our legal alert analyzing the highlights of this wide-ranging housing package.

News

Challenge to San Francisco’s ‘Empty Homes Tax’ moves forward

San Francisco Standard – January 2

The San Francisco City Attorney’s Office will have to go to court this year to defend a voter-approved tax on vacant homes, a judge recently ruled. Prop. M, also known as The Empty Homes Tax, was approved by 54.5% of San Francisco voters in 2022, but it immediately faced a legal challenge from a group of property owners who argue that the measure violates their constitutional rights to keep properties vacant. The opponents of the new tax, who include the San Francisco Apartment Association and the San Francisco Association of Realtors have since been engaged in a year-long back-and-forth with the City Attorney’s Office.

Beverly Hills appeals judgment in housing element lawsuit

Beverly Hills Courier – December 28

Beverly Hills is appealing a Los Angeles County Superior Court judgment that would restrict the city’s ability to approve new building permits until it meets the state’s ambitious housing requirements. The judgment and writ of mandate was entered by the Hon. Curtis A. Kin on December 21 in a lawsuit filed by Californians for Homeownership, a nonprofit sponsored by the California Association of Realtors, which alleges that the city has failed its legal duty to plan for future housing needs. If the ruling takes effect, it will temporarily suspend Beverly Hills’ ability to issue building permits—except for permits that create new residential bedrooms or units—until the city’s housing element plan is deemed substantially compliant with state law.

Who should represent San Diego neighborhoods? With new rules coming, planning groups brace for power struggles

The San Diego Union-Tribune – December 30

The new year will bring big changes to San Diego’s four dozen neighborhood planning groups, which must adapt to controversial new city rules that aim to make them better organized and more diverse. The sweeping new rules have prompted some planning groups to merge, forced others to search aggressively for new members, and encouraged rival groups to try to oust existing planning groups they call out of touch. Input from neighborhood groups could be especially crucial as San Diego continues to encourage ambitious development with new housing incentives and softer regulations.

Council advances Santa Monica Airport closure process with Sasaki Inc. agreement

Santa Monica Mirror – December 21

In a significant move towards closing the Santa Monica Airport, the City Council approved a pivotal agreement with Sasaki Inc. to evaluate current site conditions, gather public input, and propose future options for the airport land, centered around a “Great Park” aligned with Measure LC. The 227-acre airport property, representing nearly 5% of the city’s land area, falls under the guidelines of Measure LC, permitting development solely for parks, public spaces, recreational facilities, and maintenance of existing cultural, arts, and educational uses.

California tech founder relinquishes nearly 1,000 acres of private land for public use

SFGate – January 3

Nearly 1,000 acres of private land have been transferred to the Mendocino National Forest for public use, opening a “critical wildlife corridor” for the forest’s sprawling ecosystem, according to a news release from the Wilderness Land Trust. The property, known as the Thomas Creek project, marks a victory for conservationists seeking to protect U.S. forests from future development. Nestled between the Sanhedrin Wilderness and Eel River, the wooded Northern California region is home to spotted owls, martens, mountain lions, and deer, as well as the Anthony Peak lupine, a “critically imperiled” rare plant species.