The Supreme Court of California is slated to review a 2014 decision by the California Court of Appeal for the Second District, which held in 926 North Ardmore Avenue, LLC v. County of Los Angeles that a change in ownership of...more
Jury Trial Waiver Undone by a Fundamental California Policy -
It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more
2/22/2017
/ Apartments ,
Appeals ,
Choice-of-Law ,
Commercial Contracts ,
Contract Terms ,
EB-5 ,
Executive Orders ,
Foreclosure ,
Foreign Investment ,
Foreign Nationals ,
Green Cards ,
Job Creation ,
Jury Trial ,
Loan Agreements ,
Loans ,
Parking Lots ,
Real Estate Market ,
Refugees ,
Travel Ban ,
Trump Administration ,
Visas ,
Waivers ,
Zoning Laws
President Donald Trump on Feb. 3, 2017, signed an executive order entitled "Core Principles for Regulating the United States Financial System," which directed the Treasury Secretary to consult with financial regulators,...more
2/14/2017
/ Disclosure Requirements ,
Dodd-Frank ,
Executive Orders ,
Financial Institutions ,
Financial Markets ,
Financial Regulatory Reform ,
MCDC ,
MSRB ,
Municipal Bonds ,
Public Financing ,
Regulatory Standards ,
Rule 15c2-12 ,
Securities ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
U.S. Treasury
Los Angeles, Seattle Top List of Best Markets for Multifamily Investment -
Marcus & Millichap's 2017 National Multifamily Index (NMI) ranks Los Angeles and Seattle first and second, respectively, among 46 major domestic...more
California Prepares for Possible Rollback of Federal Water, Wetlands Regulations -
Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more
1/24/2017
/ Airports ,
City of Los Angeles ,
Clean Water Act ,
Construction Industry ,
Critical Infrastructure Sectors ,
Department of Homeland Security (DHS) ,
EB-5 ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Foreign Investment ,
Green Cards ,
Job Creation ,
Land Developers ,
Public Comment ,
Real Estate Development ,
Real Estate Market ,
Regulatory Oversight ,
State Department of Fish and Wildlife ,
State Water Boards ,
Transportation Industry ,
Trump Administration ,
Visas ,
Water ,
Water Quality ,
Wetlands
Proposed Landmark Rules Could Make LA Redevelopment More Difficult -
Los Angeles City Council Member Jose Huizar has proposed a new set of rules that could make it more difficult for owners of historic properties in Los...more
1/18/2017
/ Affordable Housing ,
Campaign Contributions ,
City of Los Angeles ,
Construction Industry ,
Construction Project ,
Elder Issues ,
Historic Preservation ,
Historical Landmarks ,
Land Use Restrictions ,
LIHTC ,
Low-Income Issues ,
Proposed Legislation ,
Real Estate Development ,
Real Estate Market ,
Redevelopment ,
Residential Real Estate Market ,
Senate Finance Committee ,
Tax Credits
Unlawful Detainer Appeals Process Creates Uncertainty for Landlords -
The California Court of Appeal decided the case of Beach Break Equities, LLC v. Martin Lowell on Nov. 22, 2016, and released it for publication on...more
12/30/2016
/ EB-5 ,
Eviction ,
Foreign Investment ,
Green Cards ,
Job Creation ,
Landlords ,
Real Estate Investments ,
Real Estate Market ,
Rental Property ,
Section 1031 Exchange ,
Summary Judgment ,
Tenants ,
Unlawful Detainer
Owners, Developers Face Challenges Converting Parking to E-Commerce Delivery Space -
Because millennials make up an increasing number of urban residents, owners and developers of apartment and condominium buildings are...more
11/28/2016
/ Affordable Housing ,
Apartments ,
CMBS ,
Commercial Real Estate Market ,
Condominiums ,
Construction Industry ,
Dodd-Frank ,
Financial Institutions ,
Housing Developers ,
Housing Market ,
IRS ,
Parking Lots ,
Real Estate Development ,
REIT ,
Residential Real Estate Market ,
Securities ,
Tax Deferral ,
Transfer Taxes ,
U.S. Treasury ,
Zoning Laws
California Appellate Court Overturns “Sham Guaranty” Defense -
The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California. Lenders increasingly require...more
11/22/2016
/ Appeals ,
Banking Sector ,
Commercial Real Estate Market ,
Community Reinvestment Act ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Homeless Issues ,
HTC ,
Investment Funds ,
Lenders ,
Local Ordinance ,
OCC ,
Residential Real Estate Market ,
Sham Guaranty Defense ,
SPEs
New Study Finds $6.7 Billion of Private Investment Along Foothill Gold Line -
According to a new study, the extension of the light rail line east of Los Angeles, known as the Foothill Gold Line, has attracted billions...more
11/14/2016
/ American Recovery and Reinvestment Act ,
Environmental Impact Report (EIR) ,
Federal Grants ,
Light Rail ,
Private Investment Funds ,
Public Projects ,
Railways ,
Real Estate Development ,
Renewable Energy ,
Residential Real Estate Market ,
Transportation Industry ,
Wind Power ,
Zoning Laws
This is the fourth edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more
California Legislature Revises De Minimis Exemption of Finance Lenders Law -
Real estate projects that utilize federal New Markets Tax Credit (NMTC) financing recently received a reprieve from a state licensing...more
10/18/2016
/ Affordable Housing ,
Commercial Loans ,
EB-5 ,
Foreign Investment ,
Green Cards ,
Housing Market ,
Immigrant Investor Program ,
Job Creation ,
Licensing Rules ,
New Market Tax Credits ,
Real Estate Development ,
Real Estate Market ,
Time Extensions ,
Zoning Laws
California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals -
Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more
10/10/2016
/ Affordable Housing ,
Apartments ,
Appeals ,
City of Los Angeles ,
Construction Industry ,
Construction Project ,
Earthquakes ,
Foreclosure ,
Governor Brown ,
Housing Developers ,
Housing Market ,
Local Ordinance ,
Low-Income Issues ,
Mortgages ,
New Legislation ,
Popular ,
Property Ownership ,
Real Estate Development ,
Real Estate Market ,
Seismic Retrofitting ,
Single Family Housing ,
Spouses ,
Surviving Spouse ,
Variances
LACMTA Approves Tax Ballot Measure to Fund $120 Billion Transit Plan -
The Los Angeles County Metropolitan Transportation Authority (LACTMA) on June 24, 2016, approved a sales tax ballot measure to help fund $120 billion...more
6/29/2016
/ Ballot Measures ,
CEQA ,
City of Los Angeles ,
EU ,
Mortgage REITS ,
Public Transit ,
Real Estate Investments ,
Real Estate Market ,
Referendums ,
Renewable Energy ,
Retail Market ,
Sales Tax ,
Solar Energy ,
Transit Authority ,
Transportation Industry ,
UK ,
UK Brexit
California Governor Proposes "Build By Right" Approval Process for Affordable Housing -
Recognizing the extreme need throughout California for construction of new affordable housing units, on May 13, 2016, Gov. Jerry...more
6/14/2016
/ Affordable Housing ,
Ballot Measures ,
CA Supreme Court ,
CEQA ,
Community Development ,
Construction Industry ,
Customer Due Diligence (CDD) ,
Financial Crimes ,
FinCEN ,
Housing Developers ,
Money Laundering ,
Proposed Legislation ,
Real Estate Development ,
Real Estate Market
California Adopts ADA Relief for Small Businesses -
Gov. Jerry Brown signed California Senate Bill 269 into law on May 10, 2016, providing some limited relief to small businesses that are sued for violations of the...more
5/19/2016
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Commercial Leases ,
Disability Access Claims ,
Disability Discrimination ,
Light Rail ,
Mortgage REITS ,
Public Transportation ,
Real Estate Market ,
Retail Market ,
Retailers ,
Shopping Centers ,
Small Business ,
Trains
San Francisco Requires Solar Panel Installation on New Buildings -
Last month, the City of San Francisco passed an ordinance requiring all new buildings to include solar energy systems. California law currently requires...more
5/11/2016
/ Affordable Housing ,
Building Permits ,
City of Los Angeles ,
Community Revitalization and Investment Authorities (CRIAs) ,
Construction Industry ,
Energy Sector ,
Local Ordinance ,
Neighborhood Revitalization ,
Real Estate Development ,
Real Estate Market ,
Redevelopment ,
Renewable Energy ,
San Francisco ,
Solar Energy ,
Successor Agencies
IRS Reevaluates "Bad Boy" Carve-Outs -
Before providing a non-recourse loan to a Limited Liability Company (LLC) – i.e., one for which the LLC members do not bear the risk of economic loss – a lender often will require...more
5/4/2016
/ Bad Boy Liability ,
Beachfront Properties ,
Carve Out Provisions ,
City of Los Angeles ,
General Plan ,
Internal Revenue Code (IRC) ,
IRS ,
Limited Liability Company (LLC) ,
Navigable Waters ,
Non-Recourse Loans ,
Private Property ,
Public Access Laws ,
Real Estate Market ,
Right of Access ,
Urban Planning & Development
Residential Communities: Calderon Process for HOAs Likely to Be Extended Again -
The California Assembly Committee on Judiciary in early April unanimously passed Assembly Bill (AB) 1963 to extend the pre-litigation...more
4/13/2016
/ California Building Industry Association (CBIA) ,
Commercial Real Estate Market ,
Construction Defects ,
Construction Industry ,
Consumer Bankruptcy ,
Homeowners Association (HOA) ,
Lease Termination ,
Pre-Litigation Inspection and Repair Procedures ,
Residential Real Estate Market ,
Retailers ,
Sustainability
California's High-Speed Rail May Not Be Financially Feasible -
The California Legislature's analyst released a report stating that the high-speed rail system planned for California is not economically feasible. Several...more
FDIC Clarifies "Abandoned Foreclosures" Guidelines -
The Federal Deposit Insurance Corporation (FDIC) clarified on March 2, 2016, its existing guidelines with respect to the decision by any FDIC-supervised institution to...more
Supreme Court of California Makes Mortgage Due Diligence More Difficult -
The Supreme Court of California ruled that borrowers have standing to challenge a foreclosure on the grounds that an assignment of the mortgage...more
ASTM Updates Property Condition Assessments Standard -
The American Society for Testing and Materials (ASTM) published at the end of 2015 the latest version of the Standard Guide for Property Condition Assessments:...more
Los Angeles Ballot Proposal To Halt Developer's Zoning Changes -
A group called "Coalition to Preserve L.A." is proposing a ballot measure that would impose a two-year moratorium on all projects in the city of Los...more
New Legislation Limits Tax Sharing Agreements -
California Senate Bill (SB) 533, which was signed into law in October 2015, went into effect on Jan. 1, 2016, and limits local government from executing tax-sharing...more