California’s housing crisis has necessitated innovative legislative solutions at the state and local level to increase the supply of affordable housing across the state. Cities are required by state law to plan for a...more
Various state housing bills are currently making their way through the California State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the...more
AB 1893 (Wicks) significantly modified the so-called “Builder’s Remedy” under the Housing Accountability Act (Gov. Code § 65589.5) (HAA) effective January 1, 2025. As explained in our prior legal alert, the Builder’s Remedy...more
AB 2243 (Wicks) amended AB 2011 effective January 1, 2025. As explained in our prior legal alert, AB 2011 provides for “by right” streamlined ministerial (i.e., no CEQA) approval of qualifying mixed-income and affordable...more
Office Use Conversions in Arlington County got a step closer as the county released draft amendments to its zoning ordinance to implement the next phase of the county's Commercial Market Resiliency Initiative (CMRI). This...more
New York state has enacted changes in the housing laws that will have a significant impact on the development and operation of multifamily housing in New York City and the state, and will also ameliorate the effects of...more
San Francisco - Can Free Rent Jump-Start a Downtown San Francisco Revival? Pop-Up Retailers Say Maybe (SF Standard): Nearly halfway into the three-month program, called Vacant to Vibrant, stakeholders say it has breathed...more
The 2023 California Legislative session, like the last several, saw the enactment of a large number of significant new housing production laws. (See Holland & Knight's previous annual recaps of California Housing Laws in the...more
BB&K’s New Law Guidance for a Well-Informed Start to 2023 - At the top of each new year, Best Best & Krieger LLP provides critical legal updates for public agencies and businesses based on new laws and court decisions from...more
Supporters of the Yes In God’s Back Yard (YIGBY) movement made a joyful noise this week when California State Sen. Scott Wiener (D-San Francisco) announced that he was reintroducing legislation to allow by-right development...more
The City did not abuse its discretion in finding a residential project to be consistent with the City’s development standards since the project qualified for exemption from those standards under the Density Bonus Law. Bankers...more
As in previous years, the California Legislature enacted a large volume of housing production laws in the 2022 session, some of which may have a significant effect on housing production in 2023. ...more
In what has become a near-annual ritual, California Governor Gavin Newsom has signed into law a large package of bills aimed at addressing the state’s glaring housing shortage. This Update summarizes two key bills in this...more
The 2021–2022 California Legislative Session closed on August 31 and was dominated by further efforts to address the state’s continued housing crisis. The flurry of major legislation passed by the Legislature and now on the...more
Recent decisions from two court cases – Schreiber v. City of Los Angeles1 and Bankers Hill 150 v. City of San Diego2 – make California's Density Bonus Law a powerful tool not just for accessing increased density, but also for...more
On February 2, 2022, in Bankers Hill 150 v. City of San Diego, __ Cal.App.5th __ (Case No. D077963), the Fourth District Court of Appeal relied on fundamental provisions of California’s Density Bonus Law in rejecting a...more
Two affordable housing bills introduced by Assemblymember Marc Berman San Mateo - Daily Journal – February 17 - Two bills introduced this week aim to promote affordable housing production. Assembly Bill 2063 would strengthen...more
Appellate court orders publication of recent win for California’s Density Bonus Law in San Diego - Allen Matkins – January 25 - Last week we reported that, on January 7, 2022, California’s Fourth District Court of Appeal in...more
California's Density Bonus Law prevails with recent win in San Diego - Allen Matkins – January 25 - A January 7, 2022 decision from California’s Fourth District Court of Appeal in Bankers Hill 150 v. City of San Diego...more
Government Code section 65915, commonly referred to as the “Density Bonus Law,” (DBL) was first enacted in 1979 with the aim to address a housing shortage in California. Among other benefits, the DBL provides that developers...more
BB&K's New Law Guidance for a Happy New Year - At the start of each new year, Best Best & Krieger LLP provides critical legal updates for public agencies and businesses based on new laws and court decisions from the...more
A Court of Appeal held that the state’s density bonus law (Gov’t Code § 65915) does not require applicants to submit financial information to support requests for incentives or waivers and preempted a city ordinance that...more
As in previous years, the California Legislature passed a large volume of laws related to housing in the 2021 legislative session. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section...more
Governor Newsom signs State Density Bonus Law clean up legislation - Allen Matkins – September 29 - On September 28, Governor Newsom signed SB 290, which amends certain provisions of the Density Bonus Law (Gov. Code §...more
On September 28, 2021, Governor Newsom signed SB 290, which amends certain provisions of the Density Bonus Law (Gov. Code § 65915). Senator Skinner’s SB 290 essentially replicates SB 1085 from 2020, which died, along with...more