News & Analysis as of

Urban Planning & Development Housing Developers

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

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

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

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

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

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

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

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

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

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

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

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

Unique, But Not Unusual: First District Affirms CEQA Exemptions and General Plan Consistency Finding For Three-Unit Infill Condo...

by Miller Starr Regalia on

While “agree[ing] with appellant that Telegraph Hill is outstanding and unique in a city of outstanding and unique places[,]” the First District Court of Appeal nonetheless affirmed the trial court’s order denying...more

Federal Court Holds That Under Louisiana Law, Actual Notice Of Cause Of Delay Satisfies Contractual Notice Requirement Despite...

by Pepper Hamilton LLP on

Parkcrest Builders, LLC v. Hous. Auth. of New Orleans, 2017 U.S. Dist. LEXIS 125012 (E.D. La. August 8, 2017) - The Housing Authority of New Orleans (“the Authority”) contracted with Parkcrest Builders, LLC (“Parkcrest”)...more

Newark Residential Developers: New Affordable Housing Requirement May Cost You

by McCarter & English, LLP on

Developers of new residential projects in Newark may need to factor in affordable housing following the Newark City Council’s recent adoption of a zoning ordinance requiring most future residential development projects...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

State Authorizes Rental Inclusionary Housing Requirements

by Perkins Coie on

One of the 15 housing-related bills signed recently by Governor Brown could have especially significant implications for market-rate, residential rental projects in many jurisdictions, as the new legislation, AB 1505, will...more

Fairfax County Accepting Site-Specific Plan Amendment Proposals for North County Properties

by McGuireWoods LLP on

Fairfax County recently announced it will accept site-specific Comprehensive Plan Amendments for the northern portion of the County. The deadline for such nominations is Dec. 5, 2017. This opportunity applies to property...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

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