A developer submits a housing application for a 50-unit residential project in a city with a non-compliant housing element. The site is properly zoned. The application is complete. A few weeks later, neighbors begin appearing at city council meetings. Local officials start discussing whether the century-old craftsman bungalow on the property should receive historic designation…. Read more »
Posts Categorized: LA land use lawyers
How HCD Enforcement Power Works in California Housing Law
California’s housing crisis has changed how state agencies interact with local governments. The Department of Housing and Community Development (HCD) now has real enforcement power over how cities approve, deny, and delay housing projects. Developers, landowners, and housing sponsors need to understand how HCD enforcement works under California law, or they risk losing leverage when… Read more »
NIMBY CEQA Lawsuits and Housing Project Delays in California
NIMBY CEQA lawsuits California typically refer to California Environmental Quality Act (CEQA) challenges brought by neighborhood groups, community organizations, or individual residents opposing approved or pending development projects, especially housing. CEQA is codified under Public Resources Code Section 21000 et seq. It requires a lead agency, usually a city or county, to evaluate environmental impacts… Read more »
How SB 79 Changes Development Rights Near Transit Stops in California
California is still dealing with a serious housing shortage. Cities have struggled to keep up with demand, and many projects get slowed down or blocked at the local level. SB 79 is part of the state’s response to that problem. Signed by Governor Gavin Newsom on October 10, 2025, SB 79, the Abundant and Affordable… Read more »
When Permit Delays Become Inverse Condemnation in California
California property owners and developers often run into the same pattern. A permit application goes in complete. The city requests additional studies. Then supplemental responses. Hearings continue without resolution, and new issues surface late in the process. Meanwhile, carrying costs increase and project timelines stretch beyond what the financing can support. Delay alone is not… Read more »
How Historic Preservation Impacts Housing Projects in California
Historic preservation and housing development often come into conflict in California. Cities use historic rules to protect buildings and neighborhoods they view as culturally or architecturally significant, while developers focus on meeting housing demand in a state facing a long-standing shortage. In practice, that conflict shows up during project review. A historic designation, landmark finding,… Read more »
Writ of Administrative Mandate in California Land Use Law
When a city or county denies a housing project, the developer can challenge that decision in court through a Writ of Administrative Mandate under Code of Civil Procedure § 1094.5. The court then reviews the agency record to determine whether the decision followed the law, used proper procedure, and had support in the evidence. In… Read more »
Builder’s Remedy California 2026: Housing Element Compliance Update
California’s housing shortage has pushed Builder’s Remedy California 2026 into active use across development disputes. What was once a rarely discussed provision in planning law now plays a direct role in how cities review housing projects. If you own land in California, plan to develop property, or are dealing with a city’s housing element decisions,… Read more »
Eminent Domain vs Inverse Condemnation in California: What’s The Difference
When a California government agency takes your property or damages it without following proper procedures, you have constitutional rights. Many property owners do not realize there are two different legal paths to challenge what happened: eminent domain and inverse condemnation. The difference between eminent domain vs inverse condemnation California property owners encounter can determine whether… Read more »
Can Cities Make Developers Pay for Lawsuits?
Developers in California often encounter a common condition during project approvals. Before moving forward, the city requires them to sign an indemnity agreement. If someone files a lawsuit to challenge the project, the developer must defend the city and cover legal costs. At first glance, this may seem like a routine requirement. In practice, however,… Read more »