News & Analysis as of

Real Estate Development

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

SB 2 Recording Fees: State Clarifies Exemptions - California and its Cities, Counties and Other Political Subdivisions May be Due...

by Best Best & Krieger LLP on

The State of California, as well as cities, counties and other political subdivisions in the State, are officially exempt from paying a recently enacted $75 fee for document recording. This clarification came with the passage...more

Supreme Court provides guidance on new protections for off-the-plan purchasers

by Dentons on

In its first substantive decision on recently-introduced protections afforded to purchasers of off-the-plan developments, the Supreme Court of NSW has provided valuable guidance on when, and on what terms, it will permit...more

New Ordinance Proposed to Facilitate Mass Transit in South Florida

by Bilzin Sumberg on

Regional mass-transit systems are often plagued by the permitting challenges associated with construction in multiple cities, each with its own priorities, regulations, and permitting processes. For example, the cost of the...more

The State Of Buy America: Changes To New York’s Domestic Preference Regime For Public Works And Infrastructure Projects

by Seyfarth Shaw LLP on

The state of New York has adopted legislation tightening the regulatory regime governing the use of steel in construction and infrastructure projects, including structural steel, structural iron, reinforcing steel, and the...more

2018 Legislation Allows Greater Flexibility For Large Developments And Existing Developments Of Regional Impact

by Akerman LLP on

Chapter 2018-158, Laws of Florida (HB 1151), signed by the Governor on April 6, further reduces the scope and significance of Florida’s Development of Regional Impact (DRI) review process. The legislation is effective...more

New Legislation Gives Florida Local Governments Sole Authority To Review DRIs

by Carlton Fields on

For over 40 years, Developments of Regional Impact (DRIs) have been a staple of large-scale real estate development in Florida, necessitating state and regional review to approve even the smallest changes to the 700-plus...more

Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

by Snell & Wilmer on

Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279....more

UPDATED: List of Potential Ballot Measures for November Election Starts to Come Into Focus

(Note: The information below is an update to a previous client alert regarding the status of ballot initiatives with approved petition formats and current appeals before the Colorado Supreme Court.) With the deadline to...more

Transportation Public-Private Partnerships in Arkansas: The Road to P3s in the Natural State

Over the last several years, the federal government has promoted public-private partnerships (“P3s”) as one way to address the dire need for American infrastructure investment. States agree. For example, last year in...more

Comparative analysis of the provisions of Federal Law No. 214-FZ in light of recent amendments

by Dentons on

The adoption of Federal Law No. 218-FZ on the Public Law Company for the Protection of Rights of Individuals Who are Shared Construction Participants in the Event of Insolvency (Bankruptcy) of Developers and on Amendments to...more

Despite DOI policy reversal on incidental takes, project developers still face risk of criminal liability under MBTA

At the end of 2017, the Department of the Interior (DOI) announced that it will no longer pursue criminal enforcement for “incidental takes” under the Migratory Bird Treaty Act (MBTA). The change in legal interpretation of...more

Following An Evolving Retail Scene In New York City

by Goulston & Storrs PC on

New York City, one of the world’s premier shopping destinations is about to get over one and a half million square feet of new retail space. ...more

Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are...

by Miller Starr Regalia on

SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act...more

Court Holds that for Purposes of Calculating Level 1 School Impact Fees, “All Interior Space is Assessable”

by Miller Starr Regalia on

On March 29, 2018, in 1901 First Street Owner, LLC v. Tustin Unified School District, __ Cal.App.5th __ (2018) (Case No. G054086), the Fourth District Court of Appeal addressed an important case of first impression regarding...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

El Tribunal de Apelaciones del Cuarto Distrito de Florida determina que el gobierno infringió los derechos del urbanizador...

by Bilzin Sumberg on

En un fallo significativo, el Tribunal de Apelaciones del Cuarto Distrito de Florida en el caso de Ocean Concrete, Inc. contra Indian River County determinó que el gobierno infringió los derechos establecidos en la Ley Bert...more

List of Potential Ballot Measures for November Election Starts to Come Into Focus

With the deadline to submit proposed ballot measures for the November election passing last Friday, Colorado voters and policymakers can now see the full range of potential measures—and topics—that voters might see when they...more

“Frivolous” Town Complaint Results in Attorney’s Fees Award for Affordable Housing Developer

by Beveridge & Diamond PC on

The Massachusetts Land Court’s recent award of attorney’s fees to an affordable housing developer serves as a warning to municipalities opposed to affordable housing projects under the Massachusetts affordable housing...more

Could graffiti art prevent your redevelopment project?

by Thompson Coburn LLP on

To a real estate developer, spray paint on a building can be a nuisance. To an artist, the painted image may be cherished art. And to one real estate developer’s rude awakening, a little-known aspect of copyright law can...more

Real Estate Tax Help for Vertical Subdivisions

by Bilzin Sumberg on

For many years we have sought to address the problems faced by mixed-use developments where different uses in a single structure are carved up into separate fee simple parcels. ...more

LIHTC Bulletin

by Sullivan & Worcester on

On Friday, March 23, 2018, the President signed a $1.3 trillion Omnibus Spending bill that had been passed by Congress. Two (2) provisions of the bill are important to those involved in the Low-Income Housing Tax Credit...more

Proposed Legislation Would Require Condo Developers To Provide a Reserve Study and Reserve Account

by Baker Donelson on

House Bill 997 in the Maryland General Assembly would require a developer, upon transfer of control of the project, to provide the council of unit owners with a reserve study prepared by a “certified” engineer. The bill...more

Assemblyman Chiu Unveils AB 3037 Community Redevelopment Proposal

Assemblyman David Chiu has unveiled his long-promised legislation to establish a modified version of the state’s former redevelopment program, aimed at creating major state funding for affordable housing, transit, and other...more

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