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More than 3 years ago, the State legislature adopted the Tenant Protection Act of 2019, commonly referred to as Assembly Bill (“AB”) 1482, which – among other things – generally prohibits landlords from terminating residential tenancies in the absence of “just cause.”[1] While AB 1482 created strong tenant protections, those protections were not applicable in the City of San Diego due to the City’s own “just cause” eviction ordinance. The City ordinance, which was adopted in 2004, was considerably weaker than AB 1482, but nevertheless took precedent over the State statute.[2] All this is about to change, however. The City is presently poised to adopt the “Residential Tenant Protections Ordinance to Prevent Displacement and Homelessness”[3] (“SD Tenant Protection Ordinance”).

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Continue Reading Landlords Get Ready: San Diego Residential Tenant Protection Ordinance Will Exceed AB 1482 Requirements

Last week, in California Restaurant Association v. City of Berkeley, the Ninth Circuit ruled the federal Energy Policy and Conservation Act (EPCA) preempts local bans on the installation of natural gas infrastructure in new construction. Specifically, the Ninth Circuit held that EPCA’s preemption of local efforts to regulate the energy use of natural gas appliances is to be construed broadly, applying equally to regulations that affect the use of such appliances. In other words, because the City of Berkeley’s ban on natural gas pipes in new construction “render[ed] the gas appliances useless,” it had improperly infringed on the federal government’s exclusive power to regulate the use of gas appliances.…

Continue Reading Ninth Circuit Strikes Down Berkeley’s Ban on Natural Gas in New Construction, Dealing Blow to California’s Electrification Efforts

Last week the Office of the Attorney General demonstrated the State of California’s unwillingness to cede its enforcement of state housing laws even in the face of defiance from local governments. On April 10, in People of California v. City of Huntington Beach (OCSC, Case No. 30-2023-01312235-CU-WM-CJC), Attorney General Rob Bonta filed a Motion to Amend its Petition For Writ of Mandate and Complaint For Declaratory and Injunctive Relief (Motion to Amend), which included the proposed First Amended Petition (Amended Petition), after the City of Huntington Beach (City), again, failed to adopt its sixth cycle update to its Housing Element[1] (6th Cycle) on April 4, 2023 – more than 16 months after the statutory deadline – in violation of the state Housing Element Law (Govt Code. § 65580 et seq.). …

Continue Reading California City Flouts Housing Laws, Inviting State Scrutiny

As cities across California grapple with an ongoing housing crisis and stubbornly high office vacancy rates, policymakers at the state and local levels are beginning to explore ways to encourage projects that convert vacant office space into housing. Downtown San Francisco has experienced particularly high office vacancy rates as it recovers from the pandemic, and it is unsurprising that two of the City’s political leaders—Assemblymember Matt Haney and Mayor London Breed—recently took steps to facilitate office-to-residential conversions.…

Continue Reading Momentum for Streamlining and Subsidizing Office-to-Residential Conversion Projects Builds in Sacramento and San Francisco

This is what you need to know.

In response to the tragic balcony collapse that killed seven students in Berkeley in 2015, Governor Jerry Brown approved Senate Bill No. 721 on September 17, 2018. The bill, commonly referred to as the “Balcony Inspection Law”, went into effect on January 1, 2019 and the deadline for initial inspections is January 1, 2025. The Balcony Inspection Law amended Section 1954 of the Civil Code, and added Article 2.2 (commencing with Section 17973) to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, relating to building standards.…

Continue Reading Multifamily Building Owners: Are you Prepared to Meet Balcony Inspection Requirements by the January 1, 2025 Deadline?

As of January 31st, the deadline for many Bay Area cities and counties to adopt legally compliant Housing Elements now has passed, and many jurisdictions remain without certifications from the…

Continue Reading As Deadline for Housing Element Certification Passes, “Builder’s Remedy” and AB 1398 Remedies Loom for Noncompliant Bay Area Cities and Counties

In the closing weeks of 2022, the California Air Resources Board (“CARB” or “Board”) approved its final 2022 Scoping Plan, which sets forth a detailed roadmap to accelerate the reduction of greenhouse gas (“GHG”) emissions in order for the state to achieve carbon neutrality by 2045, with an interim goal of achieving a reduction in GHG emissions of 40% below the 1990 level by 2030 (the goal adopted by the State in 2017’s SB 32).…

Continue Reading California Air Resources Board Adopts 2022 Scoping Plan

In response to developers’ continued cry for meaningful reform, changes to or exemptions from the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA) are often included in numerous bills during any California legislative session. 2022 proved to be no exception. While many bills suffered slow deaths in committee, a handful successfully made it to the Governor’s desk and were signed into law. …

Continue Reading 2022 CEQA Legislative Recap