News & Analysis as of

Housing Developers

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

Builders' Right To Repair Pre-Litigation Affirmed as Exclusive Remedy By Supreme Court

by Selman Breitman LLP on

On January 18, 2018, the Supreme Court of California in McMillin Albany LLC et al., v. The Superior Court of Kern County (Supreme Court Case No. S229762, California Official Reports citation pending) unanimously held that the...more

Real Estate Aspects of Tax Reform

On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act (TCJA), the most extensive overhaul of the United States tax regime in over thirty years. The new tax laws will have a significant impact upon...more

Helping Handbook for Those Affected by Northern California Wildfires 2017-2018

by Morrison & Foerster LLP on

This handbook provides an overview of some issues that individuals, families, and small businesses may face as a result of the wildfires, mudslides, and related disasters that hit Southern California in December 2017 and...more

California Supreme Court Holds the Right to Repair Act Provides Exclusive Remedy for Construction Defect Claims

by Wilson Elser on

On January 18, 2018, the California Supreme Court resolved 15 years of debate when it issued McMillin Albany LLC v. Superior Court, S229762 (2018) __ Cal.4th __. In a broadly worded decision, the Court unequivocally held that...more

A New Maryland Ruling on Development Rights and Responsibility Agreements- Score Another Round for the Developer

by Miles & Stockbridge P.C. on

The Maryland Court of Appeals recently heard and decided a case involving Development Rights and Responsibility Agreements. In my first blog post on this topic, “Development Rights and Responsibility Agreements: The Give and...more

Tax Reform Actualized and the Impact on Affordable Housing and Community Development

by Ballard Spahr LLP on

As we know, the President has signed what was originally titled Tax Cuts and Jobs Act, the most significant overhaul to the U.S. Tax Code since 1986. The President signed the Act into law after the first of the year in order...more

EPA Does Have a Duty to Update Its Lead Paint Standards: Cass Sunstein Agrees With Me

As a follow-up to my post last week about the 9th Circuit decision requiring EPA to propose new lead paint standards under TSCA within 90 days, I was encouraged to see Cass Sunstein support the decision in a BloombergView...more

Ambitious “Housing-First Policy” for “Transit-Rich Housing” Would Require Greater Density and Height for Housing Near Transit,...

by Miller Starr Regalia on

First term California State Senator Scott Wiener has quickly become a state leader on housing policy. Last year the San Francisco-based senator sponsored Senate Bill 35, which creates a streamlined approval process, in...more

Alternative On-Lot Sewer Systems For New Subdivisions In Pennsylvania

by Fox Rothschild LLP on

As a supplement to my blog back on August 23, 2017, as to the use of alternate on-lot sewer systems for planning new subdivisions, attached is the PA Builders Association information sheet on the new legislation. ...more

Tiny Houses Gain Momentum in Florida

We have previously discussed on our blog the tiny house movement and the possibility of this growing trend ameliorating the shortage of affordable housing in the Sunshine State. The second annual Florida Tiny House Festival...more

Lead Based Paint Enforcement: U.S. Environmental Protection Agency and Missouri Company Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and R S Dearing Construction (“RSDC”) entered into a December 6th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Toxic Substance...more

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

Housing Choice Initiative

by Bowditch & Dewey on

Housing Choices, Housing Development On Monday, December 11, 2017, the Baker Administration announced the Housing Choice Initiative, which is intended to increase housing development in Massachusetts. The Initiative intends...more

NYC Property Owners: Neighbors Who Are Renovating Might Use Your Property For Free.

by Cole Schotz on

The New York City Building Code, Chapter 33, requires a developer to safeguard adjoining property during the conduct of all construction and demolition operations. Accordingly, a developer and an adjoining property owner may...more

Year-End CEQA Legislative And Regulatory Roundup – December 2017

by Miller Starr Regalia on

As another year draws near its close, a number of notable recent CEQA developments in both the legislative and regulatory arenas have occurred that bear mention. SB 35 (Wiener), perhaps the “poster child” of the numerous...more

Charter City Exempt From General Plan Consistency Requirement

by Perkins Coie on

A charter city is exempt from the statutory requirement that its specific plans and zoning ordinances be consistent with its general plan absent an express, unequivocal statement of intent in the city charter to adopt the...more

Portland's Neighborhood Associations Going Strong After 40 Years

by Tonkon Torp LLP on

Portland's neighborhood associations have generated news lately, from Montavilla's resolution resisting the City's efforts to clear homeless camps, to controversy over whether transient persons can vote in Overlook's...more

Residential Developments: Purchasers to pay GST to ATO after 1 July 2018

by K&L Gates LLP on

Treasury has released consultation draft legislation on GST for sales of "new residential premises" and "potential residential land" (subdivided residential lots). As explained in detail further below, if enacted, the...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

Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC

by Goulston & Storrs PC on

In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more

Embark Richmond Presents Substantial Redevelopment Opportunity

by McGuireWoods LLP on

Fairfax County is close to finishing its comprehensive plan amendment for the Richmond Highway Corridor in northern Virginia. The amendment will create a substantial amount of new density — much of it residential — along the...more

Proposed Mandatory Inclusionary Zoning In Philadelphia

by Fox Rothschild LLP on

In June of this year, Councilwoman Maria Quinones-Sanchez of Philadelphia’s City Council introduced Ordinance No. 170678 to require all new and renovated residential development projects in the City of over 10 units to...more

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