Articles

We write on targeted topics to provide more in-depth treatment.

Sep 25
2018

DIANNE JACKSON MCLEAN CELEBRATING DIVERSITY WITH THE REAL PROPERTY EXECUTIVE COMMITTEE

Dianne Jackson McLean, a Partner at the firm, and a Diversity Committee Chairperson of the California Lawyers Association’s Real Property Section, was a featured speaker at the CLA Annual Meeting discussing importance and efforts to involve more minority bar attorneys in the real property section.  Click here to read more.
Jun 08
2018

Despite Rising Rents, Nonprofit Creates Affordable Manufacturing Space in San Francisco

The Novogradac Journal of Tax Credits (Vol. 9, Issue 6) features an article on the San Francisco manufacturing facility where Goldfarb & Lipman Attorneys assisted the developer with the New Markets Tax Credit closing using the Targeted Populations qualifying method. Click here to read the article.
May 21
2018

37TH REAL PROPERTY LAW SECTION RETREAT: A REVIEW BY DIANNE JACKSON McLEAN

The 37th Annual Real Property Law Section Retreat of the California Lawyers Association, held April 19-22, 2018 at the Hyatt Regency Embarcadero in San Francisco was refreshing and enjoyable. Click here to read more.
Feb 08
2016

THE 2016 GOLDFARB & LIPMAN LEGISLATIVE UPDATE

The 2016 Goldfarb & Lipman Annual Legislative Update provides a summary of recently enacted legislation that will impact areas of concern to our clients, including: real estate transactions, affordable housing, land use, municipal law, community economic development, public finance, tax exempt organizations, property taxes, and employment.
Jan 04
2016

LAW ALERT - LIKELY MAJOR CHANGES IN CEQA PRACTICE IN RESPONSE TO SUPREME COURT'S 'CEQA IN REVERSE' DECISION

In California Building Industry Association v. Bay Area Air Quality Management District, the California Supreme Court unanimously held that the California Environmental Quality Act (CEQA) does not require a public agency to consider the impact of existing environmental conditions on future project users except in limited circumstances. Click here to read more.
Dec 21
2015

LAW ALERT - FIVE YEAR EXTENSION OF THE NEW MARKETS TAX CREDIT PROGRAM

On December 18, President Obama signed into law H.R. 2029, a $1.1 trillion spending bill which contained a $680 billion tax package. Click here to read more.
Dec 18
2015

LAW ALERT - SUPREME COURT ISSUES CBIA V. BAY AREA AIR QUALITY MANAGEMENT DISTRICT OPINION - 12-17-15

Today the California Supreme Court issued a unanimous opinion holding that the California Environmental Quality Act (CEQA) does not require a public agency to consider the impact of existing environmental conditions on future project users except in limited circumstances. Click here to read more.
Dec 05
2015

LAW ALERT - NOT EASY BEING GREEN: CALIFORNIA SUPREME COURT WEIGHS IN ON ANALYZING GHG EMISSIONS UNDER CEQA

In Center for Biological Diversity v. California Department of Fish and Wildlife ("DFW"), the California Supreme Court found that a 2010 environmental impact report (“EIR”) prepared by DFW for a large-scale new town called Newhall Ranch failed to comply with the California Environmental Quality Act. Click here to read more.
Nov 24
2015

LAW ALERT - SUMMARY OF SB 107: REDEVELOPMENT DISSOLUTION-TAKE 3

SB 107, once more, requires Successor Agency staff and others involved in the unwind of dissolved redevelopment agencies to learn and implement significant changes to the dissolution process. The attached memorandum identifies the key elements of the legislation and its impacts on the redevelopment unwind process and identifies major implementation deadlines introduced with the adoption of SB 107. Please feel free to contact Lynn Hutchins, Karen Tiedemann, Thomas Webber or Rafael Yaquian at Goldfarb & Lipman for more information regarding the effects of this new legislation and its applicability to your organization or projects.  
Oct 16
2015

LAW ALERT - STATE SLASHES PARKING REQUIREMENTS FOR HOUSING NEAR TRANSIT

As of January 1, 2016, developments containing affordable housing and located near transit will be entitled to greatly reduced parking requirements in most communities. Click here to read more.
Oct 05
2015

LAW ALERT - HOMEBUYER LENDING REFORM: LOCAL GOVERNMENTS AND NON-PROFITS MUST ABIDE BY THE NEW TRID RULE

Public agencies and non-profits making affordable homeownership loans may be subject to the new TILA-RESPA Integrated Disclosure Rule, often referred to as the "TRID Rule". Click here to read more.
Sep 25
2015

LAW ALERT - AB 2: THE RISING COMMUNITY REVITALIZATION PHOENIX

Simply put, AB 2 reintroduces tax increment financing to the economic development toolkit of California's communities, by a different name. This law alert provides a brief summary of AB 2 and the opportunities it may bring. Click here to read more.
Sep 03
2015

LAW ALERT - YOU CAN’T ALWAYS GET (OR KEEP) WHAT YOU WANT: COURT UPHOLDS MASSIVE MITIGATION FEE REFUND

In Walker v. City of San Clemente, a California court of appeal upheld a judgment against San Clemente requiring it to refund more than $10 million in unspent mitigation fees to homeowners because the City failed to follow the precise requirements contained in the Mitigation Fee Act. Click here to read more.
Aug 11
2015

LAW ALERT - THE (SOMETIMES) SLEEPING GIANT STIRS… HUD PUBLISHES FINAL RULE ON AFFIRMATIVELY FURTHERING FAIR HOUSING

HUD released its final rule last month for the implementation of the Fair Housing Act’s Affirmatively Furthering Fair Housing (AFFH) provisions. Click here to read more.
Aug 07
2015

LAW ALERT - FAIR IS FAIR: STATE AGENCIES MUST CONSIDER FAIR SHARE MITIGATION PAYMENTS APART FROM LEGISLATIVE EARMARKS

In City of San Diego v. Board of Trustees of the California State University (San Diego v. CSU), the California Supreme Court rejected CSU's contention that the University could not pay off-site environmental mitigation costs unless the Legislature specifically earmarked funds for that purpose. Click here to read more.
Jul 01
2015

LAW ALERT - FEDERAL FAIR HOUSING DISPARATE IMPACT CLAIMS SURVIVE SCOTUS

In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the U.S. Supreme Court held that disparate impact claims are a valid basis for lawsuits under the Federal Fair Housing Act (the "FHA"). Click here for more information.
Jun 22
2015

LAW ALERT - HUD UPDATES RAD PROGRAM RULES

On June 15, 2015, the U.S. Department of Housing and Urban Development updated and clarified the rules governing the Rental Assistance Demonstration ("RAD") program. Click here for more information.
Jun 19
2015

LAW ALERT - CALIFORNIA SUPREME COURT GIVES THE GREEN LIGHT TO AFFORDABLE HOUSING ORDINANCES

The California Supreme Court on June 15, 2015, in California Building Industry Ass’n (“BIA”) v. City of San Jose, held that local ordinances requiring a proportion of new housing to be affordable may be justified so long as they bear a reasonable relationship to the public welfare. Click here for more information.
Jun 16
2015

LAW ALERT - TREASURY ANNOUNCES NEW MARKETS TAX CREDIT ALLOCATION AWARDS

On June 15, 2015, the United States Department of Treasury ("Treasury") announced the awardees of New Markets Tax Credits ("NMTC") for the 2014 NMTC round. The Treasury awarded a total of $3.5 billion of NMTC to 76 community development entities ("CDEs") this round. Click here for more information.
Jan 30
2015

LAW ALERT - 2015 GOLDFARB & LIPMAN ANNUAL LEGISLATIVE UPDATE

The 2015 Goldfarb & Lipman Annual Legislative Update provides a summary of recently enacted legislation that will impact areas of concern to our clients, including: real estate transactions, affordable housing, land use, municipal law, community economic development, fair housing, construction, property taxes, and employment.
 
Please feel free to contact any attorney at Goldfarb & Lipman for more information regarding the effects of these new laws and their applicability to your organization or projects.
Dec 22
2014

LAW ALERT - EXTENSION OF THE NEW MARKETS TAX CREDIT PROGRAM - 12-22-14

On December 19, President Obama signed into law H.R. 5571, which provides for the one-year extension of a number of different federal tax programs, including the New Markets Tax Credit ("NMTC") program. Click here to read more.
Dec 11
2014

LAW ALERT - DON'T FORGET – HOUSING SUCCESSOR REPORTS DUE - 12-11-14

Although redevelopment agencies have been dissolved, obligations to report on housing activities by housing successors continue. Housing successors (those entities that assumed the housing assets and functions of the former redevelopment agency) must report annually on their housing activities. Click here to read more.
Oct 01
2014

LAW ALERT - CALIFORNIA BANS PILOT (PAYMENT IN LIEU OF TAXES) AGREEMENTS

On September 29, 2014, Governor Jerry Brown signed into law SB 1203 and AB 1760, effective January 1, 2015, which ban payment in lieu of taxes (PILOT) agreements between local governments and owners of low income housing developments. Click here to read more.
Aug 14
2014

LAW ALERT - MONEY, MONEY, MONEY: NEW STATE FUNDING FOR AFFORDABLE HOUSING

ABBA may have sung "it is a rich-man's world," but recent efforts by affordable housing advocates have resulted in significant new state funding for affordable housing. Now that the funds have been dedicated, the next steps and challenges this Fall are creating program guidelines and expending the funds quickly in early 2015. Click here to read more.
Aug 11
2014

LAW ALERT - CEQA EXEMPTION APPLIES TO THE DIRECT ADOPTION OF VOTER-SPONSORED INITIATIVES - 8-11-14

On August 7, 2014, in Tuolumne Jobs & Small Business Alliance v. Superior Court ("Tuolumne"), the California Supreme Court unanimously agreed that the California Environmental Quality Act ("CEQA") does not apply to voter-sponsored initiatives that a local governing body chooses to directly adopt. Click here to read more.
Jul 23
2014

LAW ALERT - AB 1963: REDEVELOPMENT DISSOLUTION CLEAN-UP CONTINUES

On July 18, 2014, the Governor signed AB 1963, urgency legislation which immediately repeals the requirement for the State Controller’s audits of successor agency transfers made after June 30, 2012. Click here to read more.
Jun 09
2014

LAW ALERT - TREASURY ANNOUNCES NEW MARKETS TAX CREDIT ALLOCATION AWARDS

On June 5, 2014, the United States Department of Treasury announced the awardees of New Markets Tax Credits for the 2013 NMTC round.  The Treasury awarded a total $3.5 billion of NMTC to eighty-seven community development entities this round. Click here to read more.
Jun 03
2014

LAW ALERT - SB 1129: A POSITIVE STEP TOWARD SIMPLIFYING THE REDEVELOPMENT DISSOLUTION PROCESS

On May 28, 2014 the California State Senate approved SB 1129 (Steinberg) on a 27-8 vote.  SB 1129 was drafted to address policy challenges and frustrations and is aimed at improving the redevelopment dissolution. Click here to read more.
Feb 20
2014

LAW ALERT - BUT WAIT, THERE'S MORE! AB 471'S POTENTIAL EFFECTS ON YOUR SUCCESSOR AGENCY

AB 471, urgency legislation which took immediate effect upon signature by the Governor on February 18, 2014, provides some housing successors with temporary financial support, provides guidance for the preparation of Recognized Obligation Payment Schedules (ROPSs) and Long-Range Property Management Plans (LRPMPs), and amends infrastructure financing district laws to potentially increase their use by local governments. Click here to read more.
Feb 19
2014

LAW ALERT - 2014 GOLDFARB & LIPMAN ANNUAL LEGISLATIVE UPDATE

The 2014 Goldfarb & Lipman Annual Legislative Update provides a summary of recently enacted legislation that will impact areas of concern to our clients, including: real estate transactions, affordable housing, land use, municipal law, community economic development, public finance, fair housing, tax exempt organizations, property taxes, and employment. Please feel free to contact any attorney at Goldfarb & Lipman for more information regarding the effects of these new laws and their applicability to your organization or projects.
Oct 23
2013

LAW ALERT - EXACTLY WHAT IS AN EXACTION? AFFORDABLE HOUSING MAY BE CHALLENGED UNDER THE MITIGATION FEE ACT

In Sterling Park, L.P. v. City of Palo Alto ("Sterling Park"), the California Supreme Court held on October 17, 2013 that local affordable housing requirements are "other exactions" that may be challenged using the protest provisions of the Mitigation Fee Act (Government Code Section 66000 et seq.). Download the PDF here.
Aug 15
2013

LAW ALERT - SAME HOME PROGRAM, NEW HOME RULES

The changes to the HOME Investment Partnerships Program ("HOME") regulations (24 C.F.R. 92), published in a federal register final rule on July 24, 2013 (the "Final Rule") Final Rule (Changes Only), represent what HUD has called the most significant change to the HOME program in 17 years. Download the PDF here.
Jul 19
2013

LAW ALERT - LOCAL DENSITY BONUS ORDINANCES MUST OFFER A DENSITY BONUS FOR REQUIRED AFFORDABLE UNITS

On July 11, 2013, in Latinos Unidos del Valle de Napa y Solano v. County of Napa ("LUNA"), the First District Court of Appeal held that cities and counties must provide a State-required density bonus and other incentives for affordable units required by local inclusionary, or "below market rate" ("BMR"), ordinances. Download the PDF here.
Jul 08
2013

LAW ALERT - FEDERAL FAIR HOUSING DISPARATE IMPACT CLAIMS UNDER REVIEW

On June 17, 2013, the US Supreme Court agreed to review Mount Holly v. Mt. Holly Gardens Citizens, Inc., to decide whether disparate impact claims may be brought under the federal Fair Housing Act ("FHA"). Download the PDF: Disparate Impact Claims
Jun 28
2013

LAW ALERT - U.S. SUPREME COURT HEIGHTENS CONSTITUTIONAL SCRUTINY OF PROJECT DENIALS BASED ON DEMANDS FOR MONEY

On June 25, 2013, in Koontz v. St. Johns River Water Management District, the United States Supreme Court held in a 5-4 decision that a landowner could challenge a project denial based on a government's unconstitutional demands for either money or property and that, to satisfy constitutional requirements, there must be an "essential nexus" and "rough proportionality" between the government's demands and the impacts of the development. Download the PDF: LAW ALERT U.S. SUPREME COURT HEIGHTENS CONSTITUTIONAL SCRUTINY OF PROJECT DENIALS BASED ON DEMANDS FOR MONEY
Jun 17
2013

LAW ALERT - COURT OF APPEAL GIVES THE GREEN LIGHT TO INCLUSIONARY HOUSING ORDINANCES

On June 6, 2013, in California Building Industry Ass’n (“CBIA”) v. City of San Jose, the Court of Appeal held that inclusionary housing ordinances are valid if they are “reasonably related” to a “legitimate public purpose.” Download the PDF: Law-Alert-CBIA-v.-San-Jose-Inclusionary-Case-6-17-13
Apr 26
2013

LAW ALERT – TREASURY ANNOUNCES 2012 NEW MARKETS TAX CREDIT ALLOCATION AWARDS

On April 24, 2013, the United States Department of Treasury ("Treasury") announced the awardees of New Markets Tax Credits ("NMTC") for the 2012 NMTC round.  Treasury awarded a total $3.5 billion of NMTC to eighty-five community development entities ("CDEs") this round. Download the PDF: Treasury Announces 2012 New Markets Tax Credit Allocation Awards  
Apr 15
2013

LAW ALERT - HOLD HARMLESS POLICIES - HELP OR HINDRANCE?

HUD, the IRS and HCD have all adopted (and sometimes abandoned) "hold harmless" policies that are meant to insulate owners and lenders from lowering rents due to HUD’s calculations that median incomes have fallen.  This Law Alert provides an overview of these hold harmless policies and how they apply to affordable housing developments.  Download the PDF: Hold Harmless Policies
Apr 10
2013

Xochitl Carrion featured in Spring 2013 UC Hastings Alumni Magazine

Xochitl Carrion, Associate, is featured in the Spring 2013 UC Hastings Alumni Magazine.  Read Xochitl’s inspiring story here:  http://uchastings.edu/news/hastings-magazine/flipbook/2013-Spring-Hastings-Alumni/index.html#/28/
Apr 04
2013

LAW ALERT - BOE CLARIFIES ITS POSITION ON PILOT AGREEMENTS ENTERED INTO BY LOW INCOME HOUSING DEVELOPERS

The State Board of Equalization (the “BOE”) issued a memo on March 20, 2013 (the “BOE Memo”) which clarifies its position on eligibility for the "welfare" property tax exemption when low income housing developers have entered into Payment in Lieu of Taxes (“PILOT”) Agreements.  Download the PDF: BOE PILOT Memo
Apr 01
2013

Ethical Considerations in Joint Representation, by Dianne Jackson McLean, Partner

Ethical Considerations in Joint Representation, by Dianne Jackson McLean, Partner
Feb 01
2013

A New Era for Housing Elements? by Barbara Kautz, Partner, and Pete Parkinson

A New Era for Housing Elements? by Barbara Kautz, Partner, and Pete Parkinson
Jan 31
2013

LAW ALERT - 2013 ANNUAL LEGISLATIVE UPDATE

In 2013, various laws unrelated to the on-going dissolution of redevelopment agencies have been signed into law that will have an impact on real estate, affordable housing, land use, municipal law, community economic development, public finance, fair housing, real estate tax, and employment.  The 2013 Annual Legislative Update provides a summary of these new laws.  Please feel free to contact any attorney at Goldfarb & Lipman regarding these laws.   In addition, the Legislature passed AB 1484, making technical and substantive amendments to ABx1 26, the bill enacted in late June 2011 that directed the dissolution and unwinding of the affairs of California’s 400 redevelopment agencies.  Goldfarb & Lipman invites you to visit our website for the most up-to-date information regarding the implementation of AB 1484 and our continuing expert analysis of AB 1484, including a summary highlighting key provisions of AB 1484 and outlining upcoming actions necessary to comply with AB 1484.
Jan 24
2013

LAW ALERT - ROUND 4: PREPARING, DOCUMENTING AND DEFENDING ROPS 13-14A

As successor agencies complete their due diligence review (the "DDR") procedures for determining unobligated assets of their former redevelopment agencies available for distribution to taxing entities, attention must quickly turn to the preparation of their next Recognized Obligation Payment Schedule (ROPS). Download the PDF: Round 4: Preparing, Documenting and Defending ROPS 13-14A
Jan 08
2013

LAW ALERT - HCD PROPOSES NEW CALIFORNIA HOLD HARMLESS POLICY FOR AFFORDABLE HOUSING INCOME LIMITS AND RENT

On December 20, 2012, the California Department of Housing and Community Development (HCD) published a proposed Hold Harmless policy that would protect affordable housing operators from having to lower rents because HUD has published decreases in the HUD calculation of area median incomes.  Download the PDF: HCD Proposes New CA Hold Harmless Policy
Jan 04
2013

LAW ALERT - A.B. 2674 - EMPLOYEES' RIGHT TO INSPECT PERSONNEL RECORDS; WAGE STATEMENT RETENTION (EFFECTIVE JANUARY 1, 2013)

A.B. 2674 significantly changes the obligations of California employers, and the rights of current and former employees, regarding employees' personnel files.   Previously, Labor Code section 1198.5 allowed employees to inspect their personnel records at reasonable intervals and times.  As amended, the section now more closely resembles another law spelling out employees' rights to review and obtain copies of their payroll records, California Labor Code section 226.  Download the PDF: AB 2674 - Employees' Right to Inspect Personnel Records
Jan 03
2013

LAW ALERT - EXTENSION OF THE NEW MARKETS TAX CREDIT PROGRAM

On January 1, 2013, Congress voted to extend the New Markets Tax Credit (“NMTC”) Program for two additional years.  The NMTC Program had expired on December 31, 2011.  The extension of the NMTC Program is one component of the American Taxpayer Relief Act of 2012, which helped address the nation’s “fiscal cliff” dilemma.  Download the PDF: Extension of the NMTC Program
Oct 12
2012

LAW ALERT - DISILLUSIONED WITH DISSOLUTION: A LOOK AHEAD TO UPCOMING ELEMENTS AND MILESTONES IN THE REDEVELOPMENT DISSOLUTION PROCESS

AB 1x 26 (enacted on June 28, 2011) and AB 1484 (enacted on June 27, 2012) provide the administrative and procedural requirements for winding-down the affairs of a dissolved redevelopment agency ("Dissolved RDA") by its Successor Agency.  Download the PDF: Disillusioned with Dissolution
Sep 26
2012

LAW ALERT - HOMEOWNERS BILL OF RIGHTS CHANGES THE FORECLOSURE PROCESS

Pursuant to SB 900 and AB 278, commonly referred to as the Homeowners Bill of Rights (the "Bill"), lenders and servicers of first lien mortgages on owner-occupied residential homes (with 4 or fewer dwelling units) must take several new steps prior to commencing foreclosure proceedings (recording the notice of default) and/or conducting a trustee's sale.  Download the PDF: Homeowners Bill of Rights
Jul 20
2012

Law Alert - August 1st Deadline to Submit the Housing Assets List to the State Department of Finance

Under AB 1484, the successor to the housing assets and functions ("Housing Successor") of a dissolved redevelopment agency ("Dissolved RDA") must submit a list of housing assets to the State Department of Finance ("DOF") by August 1, 2012.  Download the PDF: August 1st Deadline to Submit the Housing Assets List to the State DOF

Jul 18
2012

Law Alert - Treasury Announces 2012 New Markets Tax Credit Round

On July 13, 2012, the Community Development Financial Institutions Fund (“CDFI Fund”) announced the opening of the 2012 round for the New Markets Tax Credit (“NMTC”) program. This 2012 round is conditioned on the passage of pending legislation which would extend the NMTC program for this current year and the following year.  Download the PDF: Treasury Announces 2012 NMTC Round
Jun 29
2012

Law Alert - Summary of AB 1484: Redevelopment Dissolution / Unwind Trailer Bill

On June 27, 2012, the Legislature passed and the Governor signed AB 1484, an FY 2012-13 budget trailer bill.  AB 1484 makes technical and substantive amendments to ABx1 26, the bill enacted in late June 2011 that directed the dissolution and unwinding of the affairs of California’s 400 redevelopment agencies.  AB 1484 took immediate effect upon signature by the Governor.   AB 1484 will require those involved in the redevelopment unwind process to learn and implement significant new rules of conduct just as they were beginning to adapt to and implement the already complex rules mandated by last year’s ABx1 26.   In particular, AB 1484 has added many new or modified actions and deadlines, with major compliance consequences, that need to be implemented in the very near future and throughout the Summer and Fall of 2012.   Click here for our Summary of AB 1484, highlighting key provisions of the bill and outlining upcoming milestone actions to implement its terms.
May 22
2012

San Joaquin Housing Summit 2012 Presentation - Where Do We Go From Here? - Affordable Housing and the Loss of Redevelopment

Goldfarb & Lipman attorney Dave Kroot participated in a panel presentation at San Joaquin Affordable Housing Summit 2012 (along with Mike Dozier, Fresno State, Jose Antonio Ramirez, City of Livingston, and Craig Scharton, City of Fresno) on the topic entitled "Where Do We Go From Here? - Affordable Housing and the Loss of Redevelopment." Download the PowerPoint PDF: San Joaquin Housing Summit 2012 Presentation - "Where Do We Go From Here?"
Apr 17
2012

Tools for Economic Development After Redevelopment

Local government entities have always needed tools for community economic development work, and with the demise of redevelopment agencies and the ongoing employment and public budget shortfalls,  this need has only increased.  As a service for our clients, Goldfarb & Lipman published a brochure that summarizes remaining federal and state financing and land use tools that can be used to support economic development activities and provides case studies that illustrate how these programs can be layered together to finance new projects.  We are pleased to make this publication available to a broader audience and hope that you will find it to be a useful resource.  Download the PDF: "Development Beyond Redevelopment Brochure"
Apr 12
2012

Housing California 2012 Presentation - Redevelopment: What's Been Lost, What's Been Gained?

Goldfarb & Lipman attorneys Josh Mukhopadhyay and Dave Kroot participated in a panel presentation at Housing California 2012 (along with Libby Seifel of Seifel Consulting and Nancy Conk, CEO of Cabrillo Economic Development Corporation).  The presentation, entitled "Redevelopment: What's Been Lost, What's Been Gained?", provides information on processes and issues presented by the abolition of California redevelopment agencies and possibilities for alternative funding sources for affordable housing. Download the PowerPoint PDF: Housing California 2012 Presentation - Redevelopment: What's Been Lost, What's Been Gained?
Mar 23
2012

Law Alert - Documenting Asset/Obligation Transfers of Former RDAs: Exit Memos and Joint MOUs

Goldfarb and Lipman’s January 19, 2012 law alert (“The Final Actions of Redevelopment Agencies and the Set-Up of Successor Agencies,” available at this link, recommended that, by the end of January 2012, redevelopment agency staff prepare two internal memoranda to provide guidance to the entities that would assume agency assets and obligations after the February 1 dissolution event. Download the PDF: "Exit Memos and Joint MOUs"
Mar 16
2012

Law Alert - Redevelopment Dissolution: Successor Agency Next Steps For March - May 2012

By now, the successor agency ("Successor Agency") for each former redevelopment agency ("Former RDA") has likely prepared, obtained its governing board's (typically the city council or board of supervisors) approval, and posted on its website the draft first recognized obligation payment schedule ("First ROPS") providing specified information about the Former RDA's enforceable obligations for the period of January through June 2012 (and over the duration of such obligations), in accordance with the provisions of ABx1 26 ("Dissolution Act"). Download the PDF: "Redevelopment Dissolution: Successor Agency Actions"
Mar 05
2012

Law Alert - FHFA Begins First Phase of REO-To-Rental Program

On Monday February 27th the Federal Housing Finance Agency (FHFA) issued a notice inviting interested parties to submit applications to demonstrate financial capacity, experience, and specific plans for purchasing Fannie Mae foreclosed/real estate owned (REO) properties in the hardest hit metropolitan areas including Los Angeles/Riverside in California. Download the PDF: "FHFA Begins First Phase of REO-To-Rental Program"
Feb 24
2012

Law Alert - Treasury Announces 2011 New Markets Tax Credit Awards

On February 23, 2012, the United States Department of Treasury ("Treasury") announced the awardees of New Markets Tax Credits ("NMTC") for the 2011 NMTC round.  Seventy community development entities ("CDEs") were awarded NMTC.  Treasury awarded a total of $3.6 billion of NMTC for this 2011 round. Download the PDF: "Treasury Announces 2011 NMTC Awards"
Feb 22
2012

Law Alert - 2012 Annual Legislative Update - New Laws Affecting Real Estate and Community Economic Development

On February 1, 2012, all California redevelopment agencies were dissolved.  Goldfarb & Lipman invites you to visit our website for the most up-to-date information related to this historic turning point for California real estate development, including expert analysis on the dissolution of redevelopment agencies.  In addition to that fundamental change, other important legislation, unrelated to the dissolution of redevelopment agencies, has been signed into law that will have significant impacts on the real estate development community.  The 2012 Annual Legislative Update provides a summary of these new laws.  Please feel free to contact any attorney at Goldfarb & Lipman with questions regarding these laws.
Feb 16
2012

Law Alert - What’s New With The New Markets Tax Credit Program

On February 13, 2012, President Obama introduced his 2013 budget, which proposes to extend the New Markets Tax Credit (“NMTC”) program until December 31, 2013.  Under the President’s proposal there would be a NMTC allocation of $5 billion for 2012 and another $5 billion allocation for 2013, with $250 million set aside each year to help finance healthy food options in distressed communities.  The President also proposes that NMTC be used to offset Alternative Minimum Tax liability.  These proposed changes to the NMTC program would take effect upon the enactment of the budget bill. Download the PDF: “What’s New with the New Markets Tax Credit Program”
Feb 10
2012

Law Alert - The New Era: Successor Agencies and Next Steps

On February 1, 2012, every California redevelopment agency was dissolved and its assets and functions transferred to a successor agency and a successor to the redevelopment agency’s housing functions. Please click here for a detailed list of actions and other consideration items to be addressed in the next couple of weeks by the former redevelopment agency’s successor agency, including detailed advice regarding the preparation of the Recognized Obligation Payment Schedule, to be completed by March 1, 2012. Download the PDF “The New Era: Successor Agencies and Next Steps
Feb 03
2012

Law Alert - HOME Is Being Remodeled – New Requirements For 2012

HUD has published significant proposed regulations for the HOME Investment Partnerships Program (HOME) affecting both rental and homeownership projects.  In addition, Congress has added a number of new statutory requirements that already apply to fiscal year 2012 HOME funds, and which are included in the proposed regulations as well. Download the PDF: “HOME Is Being Remodeled – New Requirements for 2012"
Jan 19
2012

Webinar - What The End of Redevelopment Means For Affordable Housing

G&L presented a webinar on January 19, 2012 on the affordable housing aspects of the post-February 1st era.  The dissolution of Redevelopment Agencies and implementation of ABx1 26 pose numerous questions for affordable housing developers. Under ABx1 26, the housing functions of a former redevelopment agency are treated in a fundamentally different manner than the non-housing functions.  This is a challenging time and a new era for affordable housing.  We know many of you have questions about how ABx1 26 will be implemented with respect to affordable housing and what the dissolution of redevelopment agencies will mean for your affordable housing projects.  To listen to the recording.
Jan 19
2012

Law Alert - The Final Actions Of Redevelopment Agencies And The Set-Up Of Successor Agencies

As of February 1, 2012, all California redevelopment agencies will dissolve and their assets and functions will transfer to a successor agency and a successor to the agency’s housing functions.  Following is a list of actions and other consideration items to be addressed in the next few weeks by a dissolving redevelopment agency (“RDA”), as well as by the community that formed the RDA (“Sponsoring Community”) and that has chosen to act as its RDA’s successor agency (“Successor Agency”) and/or as the successor to the RDA’s housing functions: Download the PDF: “The Final Actions of Redevelopment Agencies and the Set-Up of Successor Agencies
Jan 18
2012

Law Alert - Detailed Analysis of Supreme Court Decision in CRA v. Matosantos and Related Implementation Actions

This analysis summarizes the California Supreme Court’s (the “Court”) decision announced on December 29, 2011, in theCalifornia Redevelopment Association v. Matosantos case (Part A), outlines the key provisions of AB x1 26 (the “Dissolution Act) that the Court found constitutional and that will now control the dissolution and winding down of every California redevelopment agency (Part B), and provides upcoming milestones for implementation of the Dissolution Act (Part C). Download the PDF:  ”Detailed Analysis of the California Supreme Court’s Decision
Jan 10
2012

Law Alert - Amending An Agency’s Enforceable Obligation Payment Schedule to Assure Continued Payment Of Enforceable Obligations

In August 2011, each California redevelopment agency adopted an enforceable obligation payment schedule (the “EOPS”) listing all of the agency’s enforceable obligations (as defined in Section 34167(d) of the California Health and Safety Code) for payments required to be made by the redevelopment agency through December 31, 2011.  As a result of the implementation of AB x1 26 and the associated California Supreme Court decision in the California Redevelopment Association v. Matosantos litigation, all California redevelopment agencies will now be dissolved effective February 1, 2012. Download the PDF:  “Amending an Agency’s Enforceable Obligation . . .
Jan 05
2012

Law Alert - Immediate Actions For Developers After CRA V. Matosantos

As you know, on December 29, 2011, the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos.  The court upheld the constitutionality of AB1x 26, the bill dissolving redevelopment agencies, and declared unconstitutional AB1x 27, the bill that would have allowed redevelopment agencies to continue to exist through an alternative redevelopment program.  Pursuant to the California Supreme Court’s opinion upholding AB1x 26, redevelopment agencies will be dissolved effective February 1, 2012 and all housing functions of the redevelopment agency will be transferred to either (a) the city, county or city and county that authorized the creation of the redevelopment agency; (b) the local housing authority; or (c) the California Department of Housing and Community Development. Download the PDF:  “Immediate Actions For Developers After CRA v. Matosantos
Jan 05
2012

Law Alert - What Does The Dissolution of Redevelopment Agencies Mean For Housing Authorities?

On December 29, 2011, the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos case, finding ABx1 26 (the “Dissolution Act”) constitutional and ABx1 27 (the “Alternative Redevelopment Program Act”) unconstitutional. Dowload the PDF:  “What Does The Dissolution of Redevelopment Agencies Mean For Housing Authorities?
Dec 29
2011

Law Alert - California Supreme Court Upholds Dissolution of Redevelopment Agencies; Invalidates Voluntary Redevelopment Program

Today the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos case, finding AB1x 26 (the “Dissolution Act”) constitutional and AB1x 27 (the “Voluntary Redevelopment Program Act”) unconstitutional. Download the PDF:  “Law Alert: California Supreme Court . . .”
Dec 21
2011

Law Alert - The “Other” New Redevelopment Laws

While the redevelopment community anxiously awaits the California Supreme Court’s decision regarding the constitutionality of ABx1 26 and 27 (the “Redevelopment Restructuring Acts”), two other independent redevelopment laws are slated to become effective on January 1, 2012. Download the PDF:  “Law Alert:  The “Other” New Redevevelopment Laws”
Nov 22
2011

Detailed Analysis of Supreme Court Decision in CRA v. Matosantos and Related Implementation Actions

Goldfarb & Lipman has prepared a detailed analysis of the California Supreme Court Decision which upholds the dissolution of Redevelopment Agencies in the State and overturns AB1x 27, the Alternative Redevelopment Program Act (California Redevelopment Association v. Matosantos).  Our analysis also discusses certain decisions and actions that must be taken in January 2012 by each city or county with a Redevelopment Agency. To read the rest, download the PDF:  “Detailed Analysis of the California Supreme Court’s Decision
Sep 14
2011

Law Alert - What’s Next? Agency Administration During Uncertain Times

Does my agency really have to do that?  When? and Why? These questions have come to pervade the minds of redevelopment agency staff throughout the State as a result of the adoption of AB x1 26 and AB x1 27, which fundamentally altered the activities and obligations of redevelopment agencies. Download the PDF: “Law Alert: “What’s Next?”
Aug 22
2011

Law Alert - CA Supreme Court Issues Partial Stay and Agrees to Review Constitutionality of Redevelopment Restructuring Acts

Win, Lose, or Draw?  California Supreme Court Issues Partial Stay and Agrees to review CRA/League of California Cities’ Petition Challenging Redevelopment Restructuring Acts. Download the PDF: “Law Alert: Win, Lose, or Draw?”
Jul 20
2011

Law Alert - Summary of Enacted State Budget Legislation Regarding Redevelopment

Among the trailer bills are two addressing redevelopment that significantly modify the California Community Redevelopment Law:  ABx1 26 (the “Dissolution Act”) and ABx1 27 (the “Voluntary Program Act”; and together with the Dissolution Act, the “Redevelopment Restructuring Acts”). You can download a copy of a comprehensive summary of the Dissolution Act and the Voluntary Program Act, along with a schedule of key implementation milestones for the each Act.  The summary also describes potential litigation and possible subsequent legislation related to the Redevelopment Restructuring Acts. Goldfarb & Lipman will continue to monitor the Redevelopment Restructuring Acts and will update this summary as appropriate.  Please contact us to get the most up-to-date information on the status and content of these Acts, including discussion of the financial and policy considerations resulting from RDA dissolution under the Dissolution Act or opt-in under the Voluntary Program Act. To read the rest, download the PDF: Enacted State Budget Redevelopment Legislation Summary, Updated July 20, 2011
May 04
2011

Life After Palmer: What's Next? -- Local Responses to Palmer and Patterson

In 2009, two published Court of Appeal decisions, Building Industry Ass’n of Cent. California v. City of Patterson (“Patterson”)[1] and Palmer/Sixth Street Properties L.P. v. City of Los Angeles (“Palmer”)[2] together upended previous understandings about the validity of, and appropriate analysis applied to, inclusionary housing ordinances -- ordinances requiring that a portion of new homes in a development be affordable to lower or moderate-income households. While most communities in the state have adopted inclusionary ordinances as land use controls, Patterson found an inclusionary in-lieu fee to be a type of impact fee, and Palmer found that restricting rents in new developments violates State rent control laws. As a result, city attorneys are left wondering what, if anything, should be done about a city's inclusionary ordinance. To read the rest, download the PDF: Life After Palmer: What's Next?
Apr 22
2011

Select California Laws Relating to Residential Recovery Facilities and Group Homes

This paper summarizes California statutes and case law regarding planning and zoning requirements applicable to group homes and supportive housing that impose limitations on local governments beyond those imposed by the federal Fair Housing Act and state Fair Employment and Housing Act. The paper first reviews state statutes that protect certain licensed group homes and describes provisions of State Planning and Zoning Law that are applicable more generally to both licensed and unlicensed homes. It then explains California case law relating to the right of privacy, which prevents local governments from discriminating between households containing related persons and those comprised of unrelated individuals. It concludes by discussing local regulations that appear to be permissible under State law and fair housing law. To read the rest, download the PDF: Select California Laws Relating to Residential Recovery Facilities and Group Homes
Mar 18
2011

Law Alert - New ADA Regs & Design Standards in Effect; Notable Changes

In September of 2010 the U.S. Department of Justice revised the regulations implementing the Americans with Disabilities Act (ADA) for Title II (State and Local Government Entities) and Title III (Public Accommodations and Commercial Facilities) Download the PDF: “Law Alert: New ADA Regs & Design Standards in Effect; Notable Changes”
Jan 14
2011

Law Alert - Section 202 Reform Bill Signed Into Law

With surprisingly little controversy, Congress passed legislation to reform the Section 202 and 811 supportive housing programs for very low income elderly and disabled persons.  President Obama signed the bill into law last week. Download the PDF: “Law Alert: Section 202 Reform Bill Signed Into Law”
Nov 22
2010

Law Alert - HCD Adopts Annual Housing Element Reporting Regulations

In March, the California Department of Housing and Community Development finally adopted Housing Element regulations that specify to citities and counties how to complete annual reports on housing element progress required by Section 65400 of the Government Code. Download the PDF: “HCD Adopts Annual Housing Element Reporting Regulations
Aug 22
2010

Law Alert - Is Your Homeownership Program SAFE?

If you or your organization operates a homeownership program that markets, offers, or packages loans for homebuyers, you may be subject to SB 36 and SAFE Act Requirements. Download the PDF: “Is Your Homeownership Program SAFE?”
Jun 22
2010

Law Alert - Bay Area Air District Adopts New Guidelines for Greenhouse Gases and Health Risk; More Projects Likely to Require Air Quality Analysis

The new Guidelines adopted on June 2, 2010, by the Bay Area Air District, contain new criteria for analyzing the air quality impacts of development projects under CEQA, in particular related to greehouse gas emissions and the health risks of projects. Download the PDF: “Bay Area Air District Adopts New Guidelines for Greenhouse Gases and Health Risk; . . .
Mar 05
2010

Law Alert - Cities and Counties Need to Amend Local Inclusionary Ordinances to Address Palmer V. City of Los Angeles

The Palmer decision has significant implications for local inclusionary ordinances.  While the case only affects rental housing, communities should amend their local inclusionary ordinances to address Palmer. Download the PDF: “Cities and Counties Need to Amend Local Inclusionary Ordinances to Address Palmer V. City of Los Angeles
Dec 15
2009

Law Alert - Redevelopment: Challenges to Redevelopment Agency Funding of Public Improvements

On January 1, 2010, SB 93 will take effect, making it more difficult for redevelopment agencies to fund public improvements located entirely outside of and not contiguousto a redevelopment project area. Download the PDF: “Redevelopment: SB 93 – Challenges to Redevelopment Agency Funding of Public Improvements
Oct 22
2009

Preserving Affordability of NSP Funded Foreclosed Properties

Published 2009.  Created for NCB Capital Impact by Heather Gould and Barbara Kautz, Goldfarb & Lipman LLP with Rick Jacobus, Burlington Associates. The NSP report developed by Goldfarb & Lipman LLP and Burlington Associates for NCB Capital Impact outlines federal requirements for preserving affordability of NSP assisted homeownership units. The report describes specific legal and financial structures that jurisdictions might use to meet HUD requirements and preserve long term affordability.  Several examples of NSP programs are profiled showing the steps communities are taking to ensure that assisted homes remain affordable over time. To read the rest, download the PDF: “Preserving Affordability of NSP Funded Foreclosed Properties” Click on the following links to access the Recording of the Webinar, broadcasted on January 14, 2010 and the Webinar Slides.
Sep 17
2009

Home Sweet Home? Legal Challenges to Inclusionary Ordinances and Housing Elements – Inclusionary Ordinances After Palmer & Patterson

September 2009, Barbara E. Kautz, Attorney, Goldfarb & Lipman LLP “Home Sweet Home?” was presented at the League of California Cities Annual Conference in San Jose, California, September 2009. The paper discusses the impact on inclusionary housing ordinances – and, thus, the production of affordable housing — of two 2009 published Court of Appeal decisions, Building Industry Ass’n of Cent. California v. City of Patterson (“Patterson”) and Palmer/Sixth Street Properties L.P. v. City of Los Angeles (“Palmer”). For the nearly one-third of all cities in California that had adopted inclusionary ordinances of some type by 2007, complying withPatterson and Palmer while still producing affordable housing has become more challenging To read the rest, download the PDF: “Home Sweet Home? Legal Challenges to Inclusionary Ordinances and Housing Elements
Aug 04
2009

Law Alert - Redevelopment: Passthrough Reports Due Oct 1st

Health and Safety Code section 33684 was added to the Community Redevelopment Law (the “CRL”) by AB 1389 on September 30, 2008. Download the PDF: “Redevelopment: Passthrough Reports Due Oct 1st
Jul 23
2009

Law Alert - Requiring Affordable Rental Units Violates State Rent Control Laws

In Palmer/Sixth Street Properties LP v. City of Los Angeles, decided on July 22, 2009, the California Court of Appeal for the Second District held that a condition of approval requiring 60 affordable units in a 350-unit rental project violated the Costa-Hawkins Act, which allows landlords to establish the initial rental rate for a new unit. Download the PDF: “Requiring Affordable Rental Units Violates State Rent Control Laws
Jul 05
2009

Law Alert - Real Estate License Numbers Must Be Posted on Business Materials

California real estate brokers and salespersons must include their Department of Real Estate (“DRE”) license numbers on promotional materials as a result of a new state law which became effective earlier this month. Download the PDF: “Real Estate License Numbers Must Be Posted on Business Materials
Jun 01
2009

Law Alert - Labor Law: EEOC Can Investigate Discrimination After Right-to-Sue Notice Issued

In a ruling that directly conflicts with a ruling of the federal Fifth Circuit Court of Appeals, the Ninth Circuit in EEOC v. Federal Express Corp., 558 F.3d 842 (9th Cir. 2009), held that the Equal Employment Opportunity Commission (“EEOC”) retains the power to enforce subpoenas and investigate charges of discrimination even after it has issued a right-to-sue notice to an employee that grants the employee the right to file a lawsuit against the employer. Download the PDF: “Labor Law: EEOC Can Investigate Discrimination After Right-to-Sue Notice Issued
Mar 22
2009

Knowing Your Limits: Time & Financial Limits of Redevelopment Plans

March 2009, published under the auspices of the California Redevelopment Association. “Knowing Your Limits, grew out of a six-part series featured in Redevelopment: Building Better Communities magazine, published from September 2008 through February 2009. This series explored the key time limits under the California Community Redevelopment Law. Knowing these limits and their implications will provide redevelopment agencies with a road map to financial and program planning and to eventually winding down a redevelopment project area plan in a conscientious and responsible manner. To read the rest, download the PDF:  “Knowing Your Limits
Feb 11
2009

Law Alert - ARRA – Economic Development Opportunities

The American Recovery and Reinvestment Act of 2009 (“ARRA”) was signed into law on February 17, 2009 and includes several provisions that may directly benefit economic development and redevelopment efforts in California. Below is a brief summary of provisions in ARRA that may be available to stimulate local economic development and redevelopment. Download the PDF: “Economic Development Opportunities
Feb 10
2009

Law Alert - ARRA – Low Income Housing Tax Credits

The American Reinvestment and Recovery Act of 2009 (“ARRA”) was signed into law on February 17, 2009 and includes several provisions meant to jumpstart the flagging Low Income Housing Tax Credit (“LIHTC”) program. This alert discusses ARRA’s most important LIHTC-related funding provisions, namely the HOME Gap program and the Exchange Funding program, plus related labor standards issues. Download the PDF: “ARRA Low Income Housing
Feb 03
2009

Law Alert - ARRA – Public & Subsidized Housing Opportunities

The American Reinvestment and Recovery Act of 2009 (“ARRA”) was signed into law February 17, 2009, and contains several provisions that directly benefit public and subsidized housing. Download the PDF: “Public & Subsidized Housing Opportunities
Feb 02
2009

Law Alert - ARRA – City & County Housing Opportunities

The American Recovery and Reinvestment Act (ARRA), enacted on February 17, 2009, includes several provisions that create additional housing opportunities at the local government level. Major provisions affecting city and county housing programs are summarized below. Download the PDF: “City & County Housing Opportunities
Feb 01
2009

Law Alert - Housing Elements & Density Bonuses: Law To Reduce Greenhouse Gas Through Land Use Planning

Last year’s passage of Senate Bill 375 (Chapter 728, Statutes of 2008) was heralded as the first statewide legislative effort to reduce greenhouse gas emissions through land use planning. Download the PDF: “Housing Elements & Density Bonuses: Law To Reduce Greenhouse Gas Through Land Use Planning"