Publications
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...
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...
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...
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....
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...
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...
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...
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,...
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...
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),...
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...
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...
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...
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...
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...