Latest News
LAW ALERT – Supreme Court Clarifies “Parcel as a Whole” Analysis in Murr v. Wisconsin
Last week the U.S. Supreme Court issued its decision in Murr v. Wisconsin, a significant regulatory takings case addressing the so-called "denominator problem. Click here to read more.
LAW ALERT – Court of Appeal Applies San Mateo Gardens and Clarifies Subsequent Environmental Review Standard for Negative Declarations
In September 2016, the California Supreme Court decided Friends of the College of San Mateo Gardens v. San Mateo Community College District (2016) 1 Cal.5th 937, which addressed standards for...
LAW ALERT – Supreme Court Finds City Standing Against Banks’ Predatory Lending Practices Against Residents
In a 5-3 decision, the U.S. Supreme Court concluded that the City of Miami, Florida was an "aggrieved person" for purposes of the federal Fair Housing Act (FHA), and so its complaint against Bank of...
Law Alert – 4-27-17 – CA Supreme Court Rejects EIR for Failure to Integrate Coastal Act Analysis
A unanimous decision of the California Supreme Court concluded that the City of Newport Beach abused its discretion by approving an environmental impact report for the development of coastal zone...
LAW ALERT – The Personal Could be Public: California Supreme Court Holds that E-Communications About Public Business on Private Devices and Accounts May Be Subject to Disclosure Under the California Public Records Act
The California Supreme Court has weighed in on a closely watched case involving the scope of the California Public Records Act (the CPRA) and its applicability to communications on personal accounts...
LAW ALERT – No Dirty Laundry! BOE Finds Welfare Exemption Applies to Laundry Rooms with For-Profit Operators and Introduces BOE Form 267-O
3131The State Board of Equalization (BOE) recently provided a legal determination in response to issues raised by Mutual Housing California, assisted by Goldfarb & Lipman, regarding certain...
LAW ALERT – HUD Giveth (to Preservation Projects) and Taketh Away (from other HUD-Assisted Projects)
Two new directives have been issued recently by the United States Department of Housing and Urban Development ("HUD") which affect certain HUD-assisted affordable housing projects. Click here to...
LAW ALERT – A Divided California Supreme Court Balances Government Transparency with the Attorney-Client Privilege
In a significant decision involving the scope of the attorney-client privilege applicable to public agencies, the California Supreme Court offered a nuanced approach to determine when local agencies...
LAW ALERT – Density Bonus Bonanza! State Quadruples Down with Four New Density Bonus Bills
On January 1, 2017, four laws went into effect that amend California's mandatory density bonus program (Government Code sections 65915–65918). Click here to read more.
LAW ALERT – California Supreme Court: City Cannot Thwart Referendum Vote by “Correcting” its General Plan
The California Supreme Court has unanimously rejected an attempt by the City of Orange to "correct" its general plan to allow a residential project on property previously designated as open space,...
LAW ALERT – Treasury Announces New Markets Tax Credit Allocation Awards
On November 17, 2016, the United States Department of Treasury announced the awardees of New Markets Tax Credits ("NMTC") for the 2015-2016 NMTC rounds. Click here to read more.
“Is the Representation Over? Can I Accept A New Client Adverse to a Former Client?” by Dianne Jackson McLean
"Is the Representation Over? Can I Accept A New Client Adverse to a Former Client?" by Dianne Jackson McLean was published in Legal by the Bay, the blog of the Bar Association of San Francisco....
LAW ALERT – California Supreme Court Mostly Sets the Record Straight Regarding Subsequent Environmental Review
After a project is approved with an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA), Public Resources Code section 21166 provides that later project changes...
LAW ALERT – Resident Managers in LIHTC Properties – Full-time Status Not Required
The Internal Revenue Service ("IRS") has addressed concerns regarding requirements for an onsite Resident Manager's unit to be included in the eligible basis of Low-Income Housing Tax Credit...
LAW ALERT – Montebello v. Vasquez: Montebello’s Corruption Suit Against Former City Officials Gets SLAPPed
Last week, in Montebello v. Vasquez, the California Supreme Court held that former city council members' votes to approve a waste-hauling contract were protected activity within the meaning of the...