News & Analysis as of

Housing Developers

After Turnover Do A Developer’s Actions (Or Inaction) Affect An Association’s Construction Defect Claims? YES

by Husch Blackwell LLP on

Yes, developers can be lazy, greedy good for nothing con-artists. Developers can also adversely affect the rights of an association by simply doing nothing. Specifically, a developer (owner of the property and declarant of...more

California Energy Commission Unanimously Approves Solar Panel Mandate for Homes

by Holland & Knight LLP on

• The California Energy Commission voted unanimously on May 9, 2018, to require solar panels on all new single-family homes and apartment buildings that are three stories or less starting in 2020. • The new regulations...more

CDFI Fund Issues $3.5 Billion Notice of Allocation for New Markets Tax Credits

The annual application period has opened for businesses and other organizations that want to invest in distressed communities with the help of federal tax credits. This week, the Community Development Financial...more

Lien on Me (When Your Priority’s Gone) #2

Imagine this scenario. You are the developer for a new mixed-used facility. Months went into clearing all of the zoning and financing hurdles, but now everything is in place. All that remains is for the lender to finish the...more

“Transit-Rich” Housing Bill Dies in Committee

In our blog post of just one month ago — New California Bill Promotes “Transit-Rich” Housing Development — we provided an update on California Senate Bill 827, legislation that aimed to promote the development of...more

Portland Poised to Adopt Strict Limits on House Size

Portland planning staff is proposing strict new limits on the size of houses that can be built or remodeled in most areas of the City. Included in the latest draft of its “Residential Infill Project” code amendments, the...more

Conforming the 421-a and MIH Programs

Many of our clients have asked us how they can avail themselves of the state’s revamped 421-a tax exemption program — the Affordable New York Housing Program — on a project that is also subject to the city’s Mandatory...more

Apartment and Condo Developers in California Take Note: Court Clarifies Calculation of School Impact Fees

Under California’s Education Code (section 17620), a school district can levy a fee on new residential construction for the purpose of funding new or improved school facilities to help meet the demand created by the new...more

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

by Perkins Coie on

The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more

Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable

by Payne & Fears on

In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more

Comments Due Soon on Latest Proposed Changes to DC Water System Availability Fees - Public Comments Also Sought on Proposed Sewer...

by Holland & Knight LLP on

• Proposed changes to the District of Columbia Water and Sewer Authority's System Availability Fee (SAF) regulations would provide developers credits for providing new affordable housing units. • Proposed sewer service...more

EPA’s OIG Investigates Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule

by Holland & Knight LLP on

On March 28, 2018, the Office of the Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) issued a Project Notification indicating its plans to begin preliminary research to evaluate the EPA’s...more

Bipartisan Budget Bill Improves LIHTC Program

by Miles & Stockbridge P.C. on

The corporate rate reductions included in the Tax Cuts and Jobs Act decreased the value of the Low-Income Housing Tax Credit (“LIHTC”) projects because a significant portion of an investor’s return is composed of federal...more

Las microunidades de Miami son la solución para la asequibilidad del inquilino y la rentabilidad del urbanizador

by Bilzin Sumberg on

Las ciudades de los Estados Unidos enfrentan una crisis de asequibilidad y no es distinto lo que sucede con las viviendas en Miami. ...more

House and Senate Pass Bills To Prevent Condo Developers From Limiting Construction Defect Claims

by Baker Donelson on

Both houses of the Maryland General Assembly have passed legislation that would prevent condominium developers from including provisions in the project’s governing documents that limit the ability of unit owners to bring...more

New California Bill Promotes “Transit-Rich” Housing Development

California Senate Bill 827, introduced by Senator Scott Wiener, continues to draw attention as the State struggles to address an under-supply of housing that has not kept up with demand driven by strong job growth....more

Land Use Showdown: Battle Lines Are Drawn in SB 827 Housing Density and Height Debate

Building on the state’s major housing legislation from 2017, Senator Scott Wiener’s SB 827 proposes major increases in height and density for qualifying housing developments....more

Farewell to Costa-Hawkins Agreements for On-Site Affordable Rental Units in SF

San Francisco wasted no time implementing AB 1505, which authorizes localities to adopt ordinances requiring developers to provide on-site inclusionary affordable housing units in rental projects, provided that there is an...more

California Legislation Guide for Developers

Last fall, Governor Jerry Brown signed into law a package of 15 bills in response to the state’s housing shortage and affordability crisis. These bills came into effect on January 1st, 2018. The bills have important...more

In Protracted Dispute Over Modest Residential Development, Court Orders Lafayette to Place Referendum Petition on Ballot

by Miller Starr Regalia on

On February 21, 2018, in Save Lafayette v. City of Lafayette, __ Cal.5th __ (2018) (Case No. A149342), the First District Court of Appeal overturned the City of Lafayette’s decision to not place a referendum petition on the...more

Massachusetts Outlook: The Remainder of the 2017-2018 Legislative Session

With the end of the 2017-2018 legislative cycle fast approaching, Beacon Hill’s agenda for the coming months has begun to take shape. All major policymaking will need to be concluded by the end of formal sessions on July 31,...more

Coastal Commission Approval

by Cozen O'Connor on

We are pleased to announce that Cozen O’Connor has obtained approval from the California Coastal Commission on behalf of Dan Guggenheim’s Rancho Mobile Estates in Goleta for the subdivision/conversion of the 150 space park....more

California Issues Initial Implementation Guidance on 2017 Housing Laws - HCD Identifies Jurisdictions Where Local Governments Must...

by Holland & Knight LLP on

• 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

New Carried Interest Rules of Interest to Real Estate Developers and Asset Managers

by McNair Law Firm, P.A. on

Prior to the passage of the Tax Cuts and Jobs Act (the “Act”), one of the more controversial and hotly-debated tax benefits was the so-called “carried interest,” which allowed certain fund managers and venture capital firms...more

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

by Downey Brand LLP on

On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

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