On September 23, 2016, the Court of Appeal for the Second Appellate District affirmed a trial court decision denying a petition for writ of mandate filed by a developer challenging various fees—totaling nearly $600,000—in connection with an 11-unit subdivision and condominium complex in West Hollywood.  616 Croft Ave., LLC v. City of West Hollywood, __ Cal.App.5th __ (2016) (Case No. BC498004).

The case is the first reported appellate decision to rely upon the broad holding of the California Supreme Court’s blockbuster 2015 affordable housing case, California Building Industry Assn. v. City of San Jose, and it boldly highlights the far reaching implications of that ruling.  In my opinion, it also underscores the ongoing need for the United States Supreme Court to finally address whether the heightened scrutiny of the Nollan, Dolan, and Koontz Fifth Amendment takings cases applies to legislatively imposed permit conditions.  We wrote about that issue earlier this year after the U.S. Supreme Court denied certiorari in the CBIA case, and we note that the Court will soon have another opportunity to grant certiorari on this important issue.


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On May 13, 2016, Brown administration released the administration’s “May Revision” budget, which contains a bold proposal in a trailer bill to address California’s long-standing and consequential housing affordability problem, one that has been documented extensively by the Legislative Analyst’s Office.

In particular, the administration has proposed legislation—entitled Streamlining Affordable Housing Proposals—that would provide ministerial, or “by‑right,” land use entitlement provisions for multi-family infill housing developments that include an affordable housing component. The laudable goal of this important bill is to restrain development costs, improve the pace of housing production by increasing certainty and shortening the local approval process, and encourage an increase in housing supply.


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The federal Fair Housing Act is one of the most important pieces of Congressional legislation in the last half-century or more.  It was enacted in the 1960s after the assassination of Dr. Martin Luther King, Jr., at a time of considerable social unrest.  In that era, governmental entities at all levels had explicit or implicit policies that prevented integration even when developers had an economic rationale for wanting to build more dense or more affordable housing.  Congress thus enacted the FHA “to eradicate discriminatory practices within a sector of our Nation’s economy.”

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February 29, 2016 was a notable leap year day for the United States Supreme Court. To the surprise of most in the courtroom that day, Justice Clarence Thomas asked his first question from the bench in more than 10 years. The Court also issued its first round of orders since the February 13 death of Justice Antonin Scalia, including a denial of certiorari in California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015).

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