Publications

AB 1633: The Housing Accountability Act

January 4, 2024 Articles
Daily Journal

The Housing Accountability Act (HAA) requires local agencies to approve housing projects that meet objective zoning, general plan, subdivision, and design standards unless there is a specific, adverse impact upon public health and safety that cannot be mitigated. AB 1633 allows applicants to sue local agencies that use CEQA delays to effectively disapprove, render financially infeasible, or downsize a project without having actually voted to do so. Specifically, AB 1633 expands what it means to disapprove housing under the HAA to include: (1) when a local agency fails to make a determination of whether the project is exempt from CEQA, or commits an abuse of discretion in that determination; and (2) when a local agency fails to either require further study or adopt a negative declaration or addendum for the project, certify an EIR, or approve another environmental document for the project, or commits an abuse of discretion in doing so.

Read the full article here.

Firm Highlights

Publication

San Francisco Board of Supervisors Passes Housing Fee Reform Legislation

The San Francisco Board of Supervisors took the first of two votes to approve housing fee reform legislation last week. The legislation reduces by as much as a third the affordable housing fees and...

Read More
Publication

Downtown San Francisco Adaptive Reuse Legislation Slated To Go Into Effect

As we alerted you on May 9 , legislation to incentivize office and commercial building conversions to housing had begun working its way through the Board of Supervisors after approval by the San Francisco...

Read More
News

San Mateo signed off on its housing element this week. It's already facing a lawsuit.

Farella's Tom Mayhew, CJ Higley, Daniel Contreras, Vanessa Ing, and Alyssa Netto were mentioned in the Daily Journal article "San Mateo signed off on its housing element this week. It's already facing a lawsuit."...

Read More
Publication

California Court Issues First Decision Addressing Builder’s Remedy; Decision on Related Lawsuit Pending

The first California court decision to issue declaratory relief to a developer under the “builder’s remedy” appears to be on the horizon. The builder’s remedy has garnered significant attention over the past two years...

Read More
News

Housing Action Coalition and Farella Braun + Martel File Lawsuit Challenging the City of San Mateo’s Housing Element

Today, the Housing Action Coalition (HAC) and Farella Braun + Martel LLP filed a lawsuit against the City of San Mateo, challenging its recently adopted Housing Element in order to make the city comply with...

Read More