New Rules and Legislation

Effective February 1, 2021, the California Legislature and Governor Gavin Newsom approved  Senate Bill (“SB”) 91 – Eviction Protection and Relief Act in further response to the ongoing COVID-19 pandemic.  In essence, SB 91 extends core tenant protections established by August 2020’s Assembly Bill (“AB”) 3088,[1] but also establishes the State Rental Assistance Program, provides rental assistance for landlords and tenants, and closes existing loopholes in AB 3088.
Continue Reading California Legislature Extends Residential Eviction Moratorium and Implements Rental Assistance Program for Landlords and Tenants

On December 30, 2020, New York State’s Department of Environmental Conservation (the “Department”) promulgated statewide ambient limits on greenhouse gas (“GHG”) emissions for the years 2030 and 2050 (the “Regulations”).[1]  The GHGs covered by the Regulations include carbon dioxide, methane, nitrous oxide and chlorofluorocarbons.[2]  The final Regulations constitute a critical step in the implementation of New York State’s climate strategy set out in the Climate Leadership and Community Protection Act (“CLCPA”).
Continue Reading New York Moves Further Toward Implementation of Climate Leadership and Community Protection Act with Final Statewide Greenhouse Gas Emission Limits for 2030 and 2050

The California Legislature made modest gains on housing production and stimulus bills in 2020, and there are several notable bills that took effect on January 1, 2021.  The new laws tackle COVID-19, project permit streamlining and planning, residential density bonus, and the California Environmental Quality Act (“CEQA”).  Below is a summary of these new laws.
Continue Reading California Housing Legislation Effective in 2021

The New York City Council, under Speaker Corey Johnson, announced this week the release of a proposal for “A New Comprehensive Planning Framework for New York City,” to support equitable, inclusive growth, and citing the City’s current “planning framework, or lack thereof, [as being] inherently flawed.”  The report was released in tandem with legislation introduced by Speaker Johnson at the Council’s December 17 stated meeting (Int 2186-2020), requiring a 10 year comprehensive planning cycle.
Continue Reading NYC Council Announces Land Use Overhaul

Two significant changes to California Environmental Quality Act (“CEQA”) noticing and filing requirements and procedures recently took effect.  First, on September 23, 2020, Governor Gavin Newsom signed Executive Order N-80-20 (“Order“), which conditionally suspends certain requirements for filing, noticing, and posting of CEQA documents with county clerk offices.  The Order provides an alternate means of complying with those requirements during the current pandemic, and extends the prior suspension by Executive Order N-54-20.[1]  It will remain in effect until it is modified or rescinded, or until the COVID-related State of Emergency instituted on March 4, 2020 is terminated, whichever occurs sooner.
Continue Reading Significant Changes to State CEQA Filing and Noticing Requirements and Procedures

While the results are yet to be certified, it is clear, a week after Election Day, that Californians have rejected both Proposition 15 – The California Schools and Local Communities Act of 2020 (“Prop. 15”)[1] and Proposition 21 – Rental Affordability Act (“Prop. 21”).[2]  Despite this most recent response from the electorate, it is likely that real property tax “reform” and rent control will continue to be a topic of conversation during the next legislative cycle and appear on future ballots.
Continue Reading California Voters Reject Ballot Measures Related to Rent Control and Property Tax

After the recent passage of Senate Bill 1079 (“SB 1079”), significant changes to the nonjudicial foreclosure process will go into effect on January 1, 2021 for real properties containing 1 to 4 single-family residences. Establishing new rights for tenants and community groups, SB 1079 amends Sections 2929.3 and 2924 of the California Civil Code. Originally nicknamed “Homes for Homeowners, Not Corporations,” the new requirements and rights will fundamentally extend the foreclosure process, with the goal of allowing more foreclosed properties to end up in the hands of individuals and nonprofit organizations engaged in the development and preservation of affordable housing.
Continue Reading SB 1079: Changes to Nonjudicial Foreclosure Process Aim to Benefit Tenants, Primary Residence Occupants and Community Groups; Uncertainty Looms for Lenders and Debtors

At the end of the 2020 legislative session, California Governor Newsom signed Senate Bill 288 (Wiener)[1] (SB 288) into law.  SB 288, amends the California Environmental Quality Act (CEQA), streamlining the environmental review process for: (i) specific transportation-related projects, including bus rapid transit projects, light rail service projects, construction or maintenance of charging or refueling stations for zero-emission buses; (ii) projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians; (iii) city or county projects designed to minimize parking requirements; and (iv) similar transportation oriented projects.  Specifically, SB 288 designates these projects necessary to facilitate development of sustainable transportation alternatives and related infrastructure, encouraging broader use of sustainable transit throughout the state.  Due to this designation, SB 288 exempts these projects from CEQA review as categorical exemptions beginning January 1, 2021.  SB 288 is slated to sunset on January 1, 2030.  In addition, SB 288 extends the existing exemption for bicycle transportation plans (including restriping of streets and highways, bicycle parking and storage, signage, and related improvements to intersection operations) from the existing sunset date[2] to January 1, 2030.
Continue Reading SB 288: Sustainable Transportation and the “Road to Recovery” for Post-COVID Air Pollution and Unemployment Concerns

Governor Gavin Newsom just signed a number of housing bills into law that were passed by the Legislature this session ending on August 31, 2020.  Due to the severe scheduling constraints placed on lawmakers by the COVID-19 pandemic among other challenges, the Legislature was only able to pass a small number of bills related to housing and tenant protections, despite beginning the year with over 100 bills under consideration.  Most notably, some of the most ambitious pieces of legislation including five of the bills in the State Senate’s Housing Production Package all failed to pass before the midnight deadline on August 31, 2020.  We will continue to monitor the Legislature’s efforts to spur additional housing production in California as we head into the Fall recess and the new legislative session starting on December 7, 2020.  Below is a summary of the bills signed by the Governor on August 28, 2020.  These bills take effect on January 1, 2020, unless otherwise noted.
Continue Reading California Housing Legislation 2020

During the eleventh hour of the 2020 legislative session, the California Legislature approved 2 significant bills in response to the COVID-19 pandemic with the potential to have far-reaching ramifications for mortgage servicers.
Continue Reading Residential Eviction Protections and California Consumer Financial Protections Pass Muster During 2020 Legislative Session