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Density Bonus Law Gets an Extra Boost in 2024 Via AB1287
April 30th, 2024
Contributor: Emily L. Brough
California’s Density Bonus Law was originally enacted in 1989, but has gained traction in recent years as a result of California’s well known housing crisis. Generally speaking, the Density Bonus Law was enacted as an incentive to developers to b…
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Categories: Land Use, Permits and Appeals
Unauthorized Dwelling Unit Blues
February 1st, 2024
Contributor: Andrew R. Catterall
Under current law, San Francisco homeowners whose property includes an Unauthorized Dwelling Unit, or UDU, have few good options. A UDU is defined in San Francisco Planning Code Section 317(b)(13) as one or more rooms within a building that have been…
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Categories: Land Use, Permits and Appeals
Uncommon Bonds: Exploring the World of Tenancies in Common
November 10th, 2023
Contributor: Mark B. Chernev
A Tenancy in common (TIC) is a form of property ownership with a rich history in California, dating back to the early days of statehood. In a TIC two or more individuals or entities collectively hold an undivided interest in real property with a cont…
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San Francisco’s Family Housing Opportunity Special Use District – Formulated for Failure?
September 20th, 2023
Contributor: Andrew R. Catterall
A bill sponsored by Supervisors Myrna Melgar and Joel Engardio, creates a citywide “Family Housing Opportunity Special Use District” (SUD). The bill passed unanimously by the Board of Supervisors on July 25, 2023 and is expected to be signed by M…
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Categories: Land Use, Permits and Appeals
Eminent Domain: When Government Has the Right to Take Your Property
June 21st, 2023
Contributor: Emily L. Brough
Eminent Domain concerns the right of the government or other authorized entity to force a sale of private property for “public use.” The law of eminent domain is grounded in both federal and state constitutions, and as long as certain statutorily…
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San Francisco Enacts Harsh New Penalties for Code Violators
May 8th, 2023
San Francisco property owners should think twice before commencing construction projects without proper permits and approvals. On March 21, 2023, the San Francisco Board of Supervisors passed Ordinance No. 220878, which significantly increases fines…
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Categories: Land Use, Permits and Appeals
San Francisco’s Commercial Vacancy Tax: Have You Reported?
April 25th, 2023
Contributor: Andrew R. Catterall
The last day of February marks the end of the first reporting period for San Francisco’s new Commercial Vacancy Tax. The tax was approved in March of 2020 by more than 70% of San Francisco voters, and is codified in Article 29 of the San Francisco…
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Categories: Land Use, Permits and Appeals
The “Builder’s Remedy” May Bring Relief to Bay Area Housing Developers Starting February 1
January 12th, 2023
The Housing Accountability Act (HAA) limits the ability of a local government to deny housing development projects so long as the project complies with all applicable, objective general plan and zoning standards. However, the HAA also contains a pote…
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Categories: Land Use, Permits and Appeals
Should San Francisco Developers Ready Themselves for the Builder’s Remedy?
December 5th, 2022
San Francisco is facing an upcoming deadline to submit its new Housing Element to the state by January 31, 2023. If it fails to meet this deadline, savvy developers may be at the ready to submit projects under the “builder’s remedy” on February…
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Categories: Land Use, Permits and Appeals
San Francisco and Berkeley’s Proposed “Empty Homes Tax” on Vacant Residential Units
September 7th, 2022
Contributor: Emily L. Brough
This November, San Francisco and Berkeley voters will see the “Empty Homes Tax” initiatives (EHTs) on the ballot for consideration. If passed, the EHTs would impose a substantial tax on each person who maintains a “vacant” “residential unit…
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Categories: Land Use, Permits and Appeals