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Latest from Real Estate, Land Use & Environmental Law Blog

On March 31, 2022, the California legislature approved Assembly Bill (AB) 2179, extending the state’s eviction moratorium through June 30, 2022 for certain tenants who have applied for rental assistance on or before March 31, 2022.  This latest extension was passed in response to significant delays reported by both the state and local jurisdictions related to the…

As current supply chain issues continue to threaten the U.S. photovoltaic solar industry, solar module suppliers, manufacturers, renewable energy developers and utilities alike face great uncertainty surrounding the immediate future of the solar module supply market. The bottom-line is that supply chain issues are increasing shipping and equipment costs for solar cells and panels, however,…

Effective February 1, 2021, the California Legislature and Governor Gavin Newsom approved  Senate Bill (“SB”) 91 – Eviction Protection and Relief Act in further response to the ongoing COVID-19 pandemic.  In essence, SB 91 extends core tenant protections established by August 2020’s Assembly Bill (“AB”) 3088,[1] but also establishes the State Rental Assistance Program,…

The California Legislature made modest gains on housing production and stimulus bills in 2020, and there are several notable bills that took effect on January 1, 2021.  The new laws tackle COVID-19, project permit streamlining and planning, residential density bonus, and the California Environmental Quality Act (“CEQA”).  Below is a summary of these new laws.…

On November 25, 2020, Justice Ronnie Abrams of the United States District Court for the Southern District of New York issued a decision in Melendez, et al. v. The City of New York, et al. (No. 20-CV-5301 (RA) upholding amendments to certain New York City Council ordinances prohibiting landlords from harassing residential and commercial tenants…

City of Los Angeles apartment owners recently lost their bid in Federal Court to halt the application of Mayor Eric Garcetti’s eviction moratorium[1] and rent freeze ordinance[2] (the “City Moratorium”). Senior United States District Judge Dean D. Pregerson ruled on November 13, 2020 that the apartment owners had failed to show “irreparable harm”…

Due to the recent surge in COVID-19 cases, the Los Angeles County Department of Public Health (“L.A. Public Health”) announced that all outdoor and indoor dining at restaurants, breweries and wineries will be restricted, effective November 25, 2020 at 10:00 p.m., while take-out, drive thru, and delivery services may continue (“Order”).…

Two significant changes to California Environmental Quality Act (“CEQA”) noticing and filing requirements and procedures recently took effect.  First, on September 23, 2020, Governor Gavin Newsom signed Executive Order N-80-20 (“Order“), which conditionally suspends certain requirements for filing, noticing, and posting of CEQA documents with county clerk offices.  The Order provides an alternate…

At the end of the 2020 legislative session, Governor Newsom signed Senate Bill 288 (Wiener)[1] (SB 288) into law.  SB 288, which amends the California Environmental Quality Act (CEQA), streamlines the environmental review process for: (i) specific transportation-related projects, including bus rapid transit projects, light rail service projects, construction or maintenance of charging or…

During the eleventh hour of the 2020 legislative session, the State legislature approved 2 significant bills in response to the COVID-19 pandemic with the potential to have far-reaching ramifications for mortgage servicers.

Assembly Bill 3088
The first of the bills this article discusses is Assembly Bill (AB) 3088,[1] which temporarily prevents evictions due…

This article originally appeared in the California Lawyers Association’s Real Property, Environmental and Public Law Journals Joint Issue.

As society responds to the COVID-19 pandemic, states and local governments across the United States, including the State of California, issued shelter-in place (“SIP”) orders[i] to prevent its spread. While intended to benefit Americans in the…

California’s Proposition 13 prevents the assessed value of California real property from increasing by more than 2% per year, unless there is a change of ownership or completion of new construction.  On November 3, 2020, California voters will decide whether most commercial and industrial property should be removed from the protections of Proposition 13, with…

The California legislature is gearing up to adopt major real estate development incentives intended to boost the economy in the wake of COVID-19.  The recent outbreaks and general constraints on travel have compressed the state’s legislative Fall calendar.  Thus, leaders from both chambers have directed their members to prioritize policy proposals.  Finding ways to increase…

On March 22, 2020, Governor Cuomo issued an executive order that closed all non-essential businesses in New York State (the “Order”).  In connection with the Order, New York City restaurants were forced to reduce their operations to pick-up and delivery only.  On June 8, 2020, New York City entered into Phase I of the New…

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