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Constitutional Challenges Affordable Housing

K&L Gates LLP

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

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Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,...more

Otten Johnson Robinson Neff + Ragonetti PC

Colorado Cities Sue State Over 2024 Housing Density and Parking Reforms

Several Colorado municipalities have sued the state challenging the constitutionality of landmark zoning reforms enacted in 2024.  The lawsuit specifically concerns two new laws passed by the legislature and one executive...more

Otten Johnson Robinson Neff + Ragonetti PC

Governor and Municipalities in Dispute over Implementation of Strategic Growth Legislation

On May 16, 2025, Governor Jared Polis signed Executive Order D 2025 005 (“Order 005”) to address implementation of recently-passed strategic growth legislation.  As discussed below, Governor Polis has ordered certain state...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

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In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Whiteford

Client Alert: Updates on Developments in “Missing Middle” Housing Policies - UPDATED 4/30/25

Whiteford on

Recent legal and policy developments continue to shape the landscape for “Missing Middle” housing initiatives, impacting developers, municipalities, and communities alike. Arlington County's Expanded Housing Option (EHO)...more

Buchalter

Vacancy Tax on Commercial Property Proposed in California

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A recent bill introduced in the California State Senate would impose a tax on commercial buildings that have prolonged vacancies. Authored by California State Senator Caroline Menjivar, SB 789 is intended to discourage...more

Bowditch & Dewey

EOHLC Files Emergency Regulations to Implement the MBTA Communities Law

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On January 8, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Attorney General v. Town of Milton, SJC-13580, affirming the constitutionality of the Massachusetts Bay Transportation...more

Verrill

Balancing Local Control and State Mandates: The Implications of the MBTA Communities Act Ruling

Verrill on

The state’s highest court has affirmed the Legislature’s power to force towns to adopt denser, transit-friendly zoning. In 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (G. L. c. 40A, § 3A)...more

Cozen O'Connor

Housing Energy Efficiency Standards Face GOP Challenge

Cozen O'Connor on

A coalition of 15 Republican AGs, joined by the National Association of Home Builders, has filed a lawsuit challenging new minimum energy standards for federally funded housing issued by the Department of Housing and Urban...more

Nutter McClennen & Fish LLP

SJC Upholds MBTA Communities Act

On January 8, 2025, the Massachusetts Supreme Judicial Court issued its much-anticipated opinion in Attorney General v. Town of Milton, et al. The SJC upheld the MBTA Communities Act as constitutional and found that the...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

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Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

Allen Matkins

Sustainable Development and Land Use Update - March 2021

Allen Matkins on

Justice Department to appeal judge’s order on eviction moratorium - Los Angeles Times – February 27 - The Justice Department will appeal a judge’s ruling that found the federal government’s eviction moratorium to be...more

WilmerHale

A Constitutional Analysis of the Affordable Housing Credit Improvement Act of 2019

WilmerHale on

This article considers the constitutionality of certain provisions of proposed legislation, the Affordable Housing Credit Improvement Act of 2019. One provision of the bill - apparently offered in legislative response to a...more

Best Best & Krieger LLP

The Revolution That Wasn’t: Us Supreme Court Refuses to Hear California Court of Appeal Case Upholding Inclusionary Zoning in West...

Best Best & Krieger LLP on

Against the backdrop of a deepening affordable housing crisis in California, the U.S. Supreme Court recently declined to review a decision of the California Court of Appeal upholding the City of West Hollywood’s inclusionary...more

Holland & Knight LLP

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

Holland & Knight LLP on

The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

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