In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant,...more
8/27/2019
/ Commercial Leases ,
Defense Strategies ,
Disparate Impact ,
Fair Housing Act (FHA) ,
HUD ,
Landlords ,
Misrepresentation ,
Property Owners ,
Property Tax ,
Proposed Rules ,
Proposition 13 ,
Residential Property Owners ,
Shopping Centers ,
State and Local Government
Title Insurance Firms Paying Close Attention to Latest Measure Imposing Russian Sanctions -
The Defending American Security from Kremlin Aggression Act of 2018, a bipartisan bill introduced in the U.S. Senate last month,...more
9/25/2018
/ Anti-Money Laundering ,
Beneficial Owner ,
Data Centers ,
Disclosure Requirements ,
Employee Retention ,
Facebook ,
Geographic Targeting Order ,
Limited Liability Company (LLC) ,
Proposed Legislation ,
Real Estate Transactions ,
Redevelopment ,
Russia ,
Sanctions ,
Title Insurance
New Rules on the Horizon to Reduce Emissions and Improve Air Quality -
Facing pressure to meet federal clean air standards, California's South Coast Air Quality Management District (SCAQMD) voted 7-6 to direct staff to...more
5/15/2018
/ Air Quality Standards ,
City Councils ,
County Planning Commissions ,
Greenhouse Gas Emissions ,
Local Ordinance ,
Natural Disasters ,
New Rules ,
Property Damage ,
Property Insurance ,
Proximate Cause ,
Rental Property ,
SCAQMD ,
Short-Term Lease ,
Warehouses
Federal Budget Helps Affordable Housing -
Advocates for and developers of affordable housing lamented tax cuts passed late last year. A decrease in the corporate tax rate made the low-income housing tax credit (LIHTC)...more
4/9/2018
/ Affordable Housing ,
Appraisal ,
Commercial Real Estate Market ,
Corporate Taxes ,
FDIC ,
Financial Regulatory Agencies ,
Income Taxes ,
LIHTC ,
Local Taxes ,
Tax Rates ,
Tax Reform
Apartment Owner Loses Court Battle with Airbnb -
A federal judge in Los Angeles recently dismissed a lawsuit by the owner of the 4,255-unit Park La Brea apartment complex against Airbnb Inc. that sought to hold the online...more
Absence of Private Activity Bonds from House Tax Proposal Could Hurt Affordable Housing -
While a lot of people are discussing the ways in which the tax proposals coming out of Congress will impact personal and corporate...more
The tax proposal initially released by the House Ways and Means Committee could look very different from what Congress actually approves. However, analysts have said that, if passed, certain provisions in the tax plan could...more
11/14/2017
/ Affordable Housing ,
Homeowners ,
Housing Market ,
Mortgage Interest ,
Mortgage-Backed Securities ,
Property Owners ,
Proposed Legislation ,
Seismic Retrofitting ,
Tax Deductions ,
Tax Reform ,
Tax Returns ,
Ways and Means Committee
Google's New Office Space Could Have Huge Impact on Downtown San Jose -
San Jose is the largest city in California's Silicon Valley, yet some of the tech industry's largest employers maintain their biggest offices...more
6/21/2017
/ Blockchain ,
Cryptocurrency ,
EU ,
Google ,
Illegal Tax ,
Office Space ,
REIT ,
Startups ,
Urban Planning & Development ,
Waste Management ,
Zoning Maps
L.A. to Legalize Residential Units Previously Created in Violation of Building Code -
On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling...more
5/25/2017
/ Affordable Housing ,
Bailout ,
Building Codes ,
CEQA ,
City Planning Departments ,
Consultants ,
County Planning Commissions ,
Fannie Mae ,
Freddie Mac ,
Landlords ,
Loans ,
Mortgages ,
Permits ,
Residential Property Owners ,
Zoning Laws
Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns -
In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more
New Arizona Law Aims to Prevent "Drive-By" ADA Lawsuits -
Arizona recently enacted a new law that gives businesses and property owners a 90-day grace period to fix alleged disability-access violations without paying...more
California Assembly Member Proposes Bill to Limit Abuse of Service Animal Accommodations -
As dogs have transitioned from children's backyard playmates to must-have accessories while their owners are shopping or dining,...more
4/19/2017
/ Apartments ,
Ellis Act ,
Eviction ,
Landlords ,
Local Ordinance ,
Property Managers ,
Reasonable Accommodation ,
Relocation Assistance ,
Rental Property ,
Residential Leases ,
Service Animals ,
Tenants ,
Verification Requirements
San Francisco Ordinance Invalidated in Victory for Landlords -
In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more
4/13/2017
/ Bureau of Land Management ,
CEQA ,
Construction Project ,
Department of the Interior ,
Environmental Review ,
Federal Land ,
Hotels ,
Land Preservation ,
Landlords ,
Local Ordinance ,
Moratorium ,
Natural Resources ,
Obama Administration ,
Pipelines ,
Preemption ,
Rent Control ,
Rescission ,
Residential Leases ,
Tenants ,
Trump Administration ,
Water Supplies
Gov. Brown Opposes Measure S -
In a statement published less than two weeks before Los Angeles' Consolidated Municipal and Special Elections to be held on March 7, 2017, California Gov. Jerry Brown came out in opposition...more
3/6/2017
/ Ballot Measures ,
Beneficial Owner ,
FinCEN ,
Geographic Targeting Order ,
Insurance Industry ,
Mortgages ,
Ports ,
Real Estate Development ,
Real Estate Investments ,
Real Estate Market ,
Reporting Requirements ,
Title Insurance ,
Zoning Laws
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