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
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
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
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
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
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
While the 2020-2021 California Legislative Session was dominated by the ongoing COVID-19 health crisis and the ultimately unsuccessful Gubernatorial recall election, there were significant efforts made to change statewide...more
Draft building code urges more electric, less gas - The Bakersfield Californian – May 9 - A newly released draft of California's 2022 building code proposes the most ambitious electrification policies in the country...more
Despite limited success for housing bills in the 2020 legislative session, 2021 should present opportunities for developers - Bullet Allen Matkins – December 21 - During the 2020 legislative session, many housing...more
For the past five years or so, two words have become commonplace in Sacramento and throughout California: “housing crisis.” Everyone seems to acknowledge that we have one. Most people agree that we should try to address it....more
Like so much of this unprecedented year, the 2019-2020 California Legislative Session ended with unexpected twists and pointed disappointments as the Assembly and Senate wrestled with the coronavirus pandemic, social...more
In 2019, the California legislature passed, and Governor Newsom approved, new legislation impacting the development industry. Effective January 1, 2020, the laws summarized in the link below will impact the development...more
Part 1: New California Housing Laws - The California Department of Housing and Community Development was given more tools to hold cities accountable for housing-element compliance. Spanning 140 pages, Assembly Bill 101,...more
California’s ongoing housing crisis has many causes, including, as prominently noted in the Housing Accountability Act, the “activities and policies of many local governments that limit the approval of housing, increase the...more