ADU issues and updates

ADU
/ ADUs
Since it has been several months since I last wrote in this blog about my own ADU project, it seemed ...

Falling values may warrant property tax appeals, but deadlines are approaching

Falling values may warrant property tax appeals
If you own commercial real estate in Santa Clara County, you recently received a mailing from the Assessor's Office notifying ...

Say Goodbye to Free Parking in California

Say Goodbye to Free Parking in California
/ Uncategorized
Many of us who live in California, especially the suburbs, are conditioned to expect free parking in the places we ...

2023 update of California ADU laws

2023 update of California ADU laws
/ Uncategorized
California law governing ADUs has been revised pursuant to two new “clean up measures”, SB 897 and AB 2221, which ...

My own ADU project!

ADUs, home project
As you may know, accessory dwelling units (“ADUs”) have been an interest of mine here for several years as one ...

ND’s Fitzgerald Institute for Real Estate brings fresh vitality to housing issues

ND’s Fitzgerald Institute for Real Estate brings fresh vitality to housing issues
/ housing, housing crisis, student housing
Last October, I had the privilege of attending the Real Estate Fall Gathering and Coppola Family Speaker Series, presented by ...

Mountain View and Los Altos Hills targeted for “builder’s remedy” projects

Mountain View and Los Altos Hills targeted for “builder’s remedy” projects
/ housing, housing crisis
Over the last several years, a plethora of legislation has been adopted in Sacramento with the intention of spurring housing ...

Protracted legal odyssey ends in victory for Lafayette housing development

Protracted legal odyssey ends in victory for Lafayette housing development
/ housing, nimby
A twelve-year saga of pitched battles between housing advocates, developers and an obdurate NIMBY (“Not in My Backyard”) assemblage was ...

Is CEQA being weaponized against housing development?

CEQA and building starts
/ Uncategorized
The California Environmental Quality Act (“CEQA”) has been a regular topic of discussion in this blog over the years, from challenges ...

Can tech automate commercial lease management? Stay tuned

commercial leases
/ Uncategorized
Recently, a corporate client asked me to assist it in ascertaining whether it was properly handling the common area maintenance ...

Prolific ADA Litigant Shelved?

ADA compliance
/ Uncategorized
Back in 2019, I noted a spike in cases brought under the Americans with Disabilities Act (“ADA”) against small businesses ...

Prop. 15:  Time to switch off the “third rail” of California politics?

proposition 15
/ Property Taxes, propositions
Here we go again! My last article examined Proposition 19, one of the measures on the November 2020 ballot that ...

Free Virtual Gala (10/22/20) for Law Student Scholarships Presented by La Raza Lawyers of Santa Clara County Charitable Foundation

Free Virtual Gala (10/22/20) for Law Student Scholarships Presented by La Raza Lawyers of Santa Clara County Charitable Foundation
Ahora más que nunca—now more than ever—law students who seek to further the cause of justice need our support. While ...

Prop. 19: Making your assessed value more “portable,” but with a nasty twist

taxpayer relief measure
/ Property Taxes, propositions
California’s unique real property tax system has been a regular feature in my blog since its beginnings.  In particular, the ...

Residential Landlords Required Under AB3088 to Send Tenants Notice

unpaid rent
Governor Gavin Newsom signed AB3088 on 8/31/20, setting forth guidelines for California residential landlords in order to preserve the right ...

IRS relaxes Opportunity Zone requirements and other rules in response to COVID-19

qualified opportunity zone
/ opportunity zones, taxes
The potential tax deferral benefits of Opportunity Zones for capital gains from the disposition of commercial real estate as an ...

Marketing Tips And Tricks For Your Website

Marketing Tips And Tricks For Your Website
Suspendisse id lobortis mauris. Nunc at orci sem. Aliquam nec felis sit amet tortor pellentesque cursus quis ...

How to Write Stunning Blog Post Titles

How to Write Stunning Blog Post Titles
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Techniques to Reduce Facebook Ads Spend

Techniques to Reduce Facebook Ads Spend
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5 Expert Tips to Get More Engagement on Instagram

5 Expert Tips to Get More Engagement on Instagram
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How to Keep Your Business Visible During Crisis

How to Keep Your Business Visible During Crisis
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George Floyd: A moment of truth and clarity

George Floyd:  A moment of truth and clarity
/ Giving Back, pro bono
In the days since the killing of George Floyd in Minneapolis, Americans of all backgrounds have been weighing in on ...

How to Build your first Content Marketing Strategy

Build your first Content Marketing Strategy
Dicta hic harum et occaeca Sed tincidunt tempor leo, vitae consequat lorem ornare ultricies. Nullam fringilla ultricies pharetra. Aliquam suscipit ...

Remember the California housing crisis? Judge rules that SB 35 bars the City of Los Altos from rejecting controversial project

Housing crisis
It may now seem like a lifetime ago given the ubiquity and enormity of the COVID-19 pandemic and its impacts ...

Practical ideas for dealing with the impact of the COVID-19 pandemic on your commercial lease

Practical ideas for dealing with the impact of the COVID-19 pandemic on your commercial lease
One of the critical lessons of the COVID-19 pandemic is how quickly a situation can change, and how adaptable businesses ...

The coronavirus emergency, California real estate, and what’s next

The coronavirus emergency, California real estate, and what’s next
/ commercial real estate
One of the biggest news stories of 2020 thus far has been the worldwide outbreak of the novel coronavirus (COVID-19) ...

Thoughts on the impact of blockchain on the future of real estate transactions

real estate investment
Earlier this month, I enjoyed the distinct pleasure of attending the ninth annual Real Estate and Law (REAL) Symposium  held ...

California Association of Realtors highlights new legislation affecting real estate in 2020

government code sections
/ Section 1031, taxes
The California Association of Realtors (“CAR”) is one of the largest professional groups in the United States, numbering over 200,000 ...

Final Opportunity Zone regulations released

qualified opportunity zone
Regular readers of this blog may remember that I have posted here occasionally about the Opportunity Zone program since it ...

California goes all in to limit local opposition to ADUs

ADUs
Entering a new decade, California is primed to implement several bills signed into law at the end of 2019 that ...

Housing crisis-inspired policy goals now at loggerheads in Palo Alto

affordable housing
Once again, the chronic and acute shortage of housing in California takes center stage in this week’s blog, as has ...

IRS issues final safe harbor rules for rental real estate owners to take the 20% qualified business income deduction under Section 199A

safe harbor rules
/ Safe Harbor, tax planning, taxes
Real property-related tax questions have long been a mainstay of this blog.  Since being passed into law in late 2017, ...

“Sham” workarounds after failed Section 1031 exchanges may expose qualified intermediaries to penalties under new FTB guidance

qualified intermediary
/ Section 1031, taxes
Section 1031 tax-deferred exchanges and their intricacies have been a substantial aspect of my law practice for many years, and ...

Can SB 330, the Housing Crisis Act of 2019, succeed in lowering barriers to residential development in California?

housing crisis act
/ housing, housing crisis
In my last blog post, I wrote about AB 1482, the statewide rent control bill adopted by the California legislature, ...

AB 1482, California’s statewide rent control bill, passes the state legislature and now awaits action by Governor Newsom

rent control
/ rent control, rental agreements
It seems as though I was just writing about California’s critical, protracted shortage of housing a couple of weeks ago.  ...

State housing policies conflict with those of Los Altos and other cities as the struggle to solve California’s housing crisis moves to the courts

Housing
/ housing crisis
For better or worse, the acute, chronic lack of housing in the Golden State is once again the focus of ...

California Supreme Court rules that San Diego’s medical marijuana zoning ordinance is a “project” requiring environmental review, marking a clear change in course

medical marijuana
/ marijuana
Several years ago, I had written in this blog about commercial real estate and land use challenges that were surfacing ...

Current challenges when highly appreciated California commercial real estate is owned by two or more people

Current challenges when highly appreciated California commercial real estate is owned by two or more people
The ownership of real property in California by more than one person can be one of the most complex situations ...

A divided Supreme Court changes the rules of regulatory takings disputes

Federal Court
From time to time over the past several years, I have written in this blog about various issues arising under ...

California’s thorny ADA thicket continues to vex small businesses

ada violations
/ ADA, law suits
Earlier this year, I wrote a brief post on what I saw as a spike in the number of claims ...

San Francisco passes law giving nonprofits first rights to purchase multifamily residential property

community opportunity to purchase act
California’s shortage of housing, especially affordable housing, is a conundrum that becomes harder and harder to avoid with each passing ...

New California housing initiatives face resistance from some local jurisdictions and residents

density bonus
California's dire housing crisis continues to rouse state lawmakers to legislative action, as I have noted previously in this blog.  ...

More legislative approaches to California’s housing crisis heading down the pike

housing and transit
/ housing, housing crisis
California’s perpetual dearth of housing and the state’s ongoing efforts to address that situation have been featured regularly in this ...

News and updates on Opportunity Zones

tax cuts and jobs act
/ Uncategorized
Last November, I wrote a piece here about Opportunity Zones, a feature of the Tax Cuts and Jobs Act geared ...

San Jose’s energy and water use benchmarking program for large commercial and multifamily buildings starts soon

energy and water
/ Uncategorized
California’s policymakers have long been advocates of sustainability, especially regarding energy and water use, mainly for reasons of necessity. Towards ...

Palo Alto reverses course on commercial development cap

development in palo alto
/ Uncategorized
Some time back, I wrote about the City of Palo Alto’s struggles in addressing the amount of commercial development it ...

Are we seeing a rash of ADA issues in Silicon Valley?

disabilities
/ Uncategorized
Enacted in 1990, the Americans with Disabilities Act (“ADA”) is a landmark paradigm of U.S. civil rights legislation, modeled after ...

Will the California Supreme Court take action to curb abusive CEQA environmental review practices?

full environmental review
I have written about the California Environmental Quality Act (“CEQA”) and its workings on a number of occasions in my ...

Federal government tightens and expands high-priced residential real estate reporting obligations in money laundering battle

Federal government tightens and expands high-priced residential real estate reporting obligations in money laundering battle
/ money laundering, record keeping
I’ve previously reported in this blog on efforts by the federal government to combat money laundering by imposing certain reporting ...

Post year-end update on several new California laws affecting real estate

Post year-end update on several new California laws affecting real estate
Those of you who are followers of my blog know that I post Items from time to time about current ...

California Supreme Court upholds referendum challenge to zoning amendment seeking to reconcile an ordinance with its general plan

California Supreme Court upholds referendum challenge to zoning amendment seeking to reconcile an ordinance with its general plan
/ general plan, land use
For regular readers of this blog, California land use matters are a frequent offering on our legal menu. These topics ...

Will Opportunity Zones under the Tax Cut and Jobs Act enhance prospects for real estate investment and community development?

Bay area opportunity zones
/ Tax Assessment, tax credits, taxes
Virtually hidden among the more controversial provisions of the Tax Cut and Jobs Act adopted late last year, Opportunity Zones, ...

My new ADU website is live!

My new ADU website is live!
/ Uncategorized
I’m happy to announce that “Silicon Valley ADUs,” the new online resource I have been working on and talking about ...

Proposition 10 would repeal the Costa-Hawkins Act’s restrictions on rent control in California

Proposition 10
/ propositions, regulations, rent control
For more than twenty years, the Costa-Hawkins Rental Housing Act (“Costa-Hawkins”) has served as a critical check on the expansion ...

Proposition 5—Realtors’ property tax “portability” initiative—to be decided on the November ballot

property tax revenues
/ Property Taxes
California’s seemingly endless housing crisis continues to make national, state and local headlines. This topic has appeared regularly in this ...

Grand scale land use issues taking the small stage in Los Altos

los altos
/ Los Altos, public lands
The subject of land use regulation has been a regular emphasis of this blog since its inception. Most of the ...

The rapid expansion of the “sharing economy” produces an ironic “disruption” for California coastal regulation

coastal act
/ coastal act, shared economy
For several years now, the “sharing economy” has been having a significant impact on how we live our daily lives ...

Appeals court finds that San Francisco violated Ellis Act by imposing long waits on exiting landlords to renovate “nonconforming units”

Appeals court finds that San Francisco violated Ellis Act by imposing long waits on exiting landlords to renovate “nonconforming units”
Over the last several years, I have written a number of blog articles about rent control in the Bay Area ...

California to require solar panels on all new single family homes and low-rise apartment buildings starting in 2020

California to require solar panels on all new single family homes and low-rise apartment buildings starting in 2020
/ Solar Electrcity, solar power
For some time now, the expansion of renewable energy sources (e.g., hydroelectricity, wind power and solar energy) has been a ...

“Once more unto the breach, dear friends”: San Jose revisits its landlord-tenant rules

“Once more unto the breach, dear friends”:  San Jose revisits its landlord-tenant rules
The City of San Jose has been embroiled in Silicon Valley’s clashes over rent control for some time now. As ...

Recent legislative responses to California’s housing crisis produce mixed results

Recent legislative responses to California’s housing crisis produce mixed results
I have previously written in this blog regarding our Golden State’s significant scarcity of housing. As this situation persists, it ...

Will the new “pass-through entity” tax deduction affect how savvy investors acquire real estate?

new “pass-through entity” tax deduction
Earlier this year, I noted in this blog that the home mortgage interest deduction “marriage penalty” ambiguity that had previously ...

California Supreme Court rules to limit construction defect remedies against homebuilders under Right to Repair Act

California Supreme Court rules to limit construction defect remedies against homebuilders under Right to Repair Act
/ construction, litigation
Resolving a split in authority among the Courts of Appeal, a unanimous California Supreme Court has just ruled that the ...

Coming here soon: A clearinghouse for resources and information about accessory dwelling units (“ADUs”)

Coming here soon:  A clearinghouse for resources and information about accessory dwelling units (“ADUs”)
Recently, I was talking with a couple of friends who work as inspectors with two municipal building departments on the ...

Ninth Circuit upholds San Francisco ordinance regulating landlords’ handling of tenant buyouts

Ninth Circuit upholds San Francisco ordinance regulating landlords’ handling of tenant buyouts
California’s ongoing housing crisis continues to pose a serious threat to this state’s economic well-being. I have previously noted in ...

CEQA Guidelines revision process fails to keep pace with rapid changes under CEQA

CEQA Guidelines revision process fails to keep pace with rapid changes under CEQA
Over the last few years, I’ve written a number of articles in this blog about issues relating to CEQA, the ...

Did recent wide-ranging tax code changes resolve the home mortgage interest deduction “marriage penalty” ambiguity, or further muddy the waters?

Did recent wide-ranging tax code changes resolve the home mortgage interest deduction “marriage penalty” ambiguity, or further muddy the waters?
/ taxes
It seems as if we’ve been seeing news items every day for the last few months about the “the most ...

Brokers, are you thinking about getting rid of old files? Know the rules before tossing—your license could depend on it

Brokers, are you thinking about getting rid of old files?  Know the rules before tossing—your license could depend on it
“Out with the old and in with the new” is a common refrain heard around the New Year, as this ...

California realtors propose property tax initiatives to increase “portability” of assessed values for homeowners who sell

California realtors propose property tax initiatives to increase “portability” of assessed values for homeowners who sell
/ housing costs, taxes
The chronic shortage of housing in California is a problem that has vexed policy makers here for years. The situation ...

“Update on Rent Control Developments in Silicon Valley”: My 11/14/17 presentation at the offices of the Santa Clara County Association of Realtors

“Update on Rent Control Developments in Silicon Valley”:  My 11/14/17 presentation at the offices of the Santa Clara County Association of Realtors
/ rent control
I will be delivering an update on the current status of Silicon Valley rent control measures on November 14, 2017 ...

California adopts rash of new laws intended to address housing crisis

California adopts rash of new laws intended to address housing crisis
/ housing costs, regulations, rent control
Over the last few years, I have written several blog posts about the housing shortage facing our Golden State. These ...

Prosecution of California cannabis industry attorney raises new concerns for property owners and their counsel

Prosecution of California cannabis industry attorney raises new concerns for property owners and their counsel
/ construction
Ever since the passage of Proposition 215 in 1996, the legal status of marijuana in California might best be expressed ...

Readers, please share your encounters with the Dodd-Frank home mortgage regulations

Readers, please share your encounters with the Dodd-Frank home mortgage regulations
/ loans
In the wake of the subprime mortgage debacle and ensuing financial crisis, Congress enacted substantial reforms affecting the home mortgage ...

Federal government expands high-priced residential real estate reporting obligations aimed at combatting money laundering

Federal government expands high-priced residential real estate reporting obligations aimed at combatting money laundering
As property values keep rising in the San Francisco Bay Area and Silicon Valley at unprecedented rates , we continue to ...

Cities hurt by “predatory” lending practices may sue banks under the Fair Housing Act, Supreme Court rules

Cities hurt by “predatory” lending practices may sue banks under the Fair Housing Act, Supreme Court rules
/ loans
A few years back, I posted an article in this blog about the efforts of the City of Richmond, California, ...

Property owners who proceed with construction lose the right to dispute permit conditions in recent California high court ruling

Property owners who proceed with construction lose the right to dispute permit conditions in recent California high court ruling
/ construction
I’ve written frequently in my blog about the practical effects and critical function of land use laws  and the dire ...

Are we witnessing growing pains for the sharing economy?

Are we witnessing growing pains for the sharing economy?
As noted in a recent issue of Stanford Lawyer, the sharing economy is a deceptively innocuous phrase used to describe a ...

Building industry’s facial challenge to San Ramon’s development-specific special tax hits the end of the legal road

Building industry’s facial challenge to San Ramon’s development-specific special tax hits the end of the legal road
/ Uncategorized
In the wake of Proposition 13 in 1978, communities across California scrambled to adapt to its new constraints, including its ...

California revises standards for “substantial compliance” with contractors’ license requirements

California revises standards for “substantial compliance” with contractors’ license requirements
/ Uncategorized
For nearly 80 years, California Civil Code Section 7031 has barred contractors from using the courts to collect payment if ...

San Jose adopts expansive new laws meant to favor renters—but do they?

San Jose adopts expansive new laws meant to favor renters—but do they?
In the latest pitched skirmish of the rent control wars being waged across the San Francisco Bay Area in the ...

Recent Tax Court decision makes Section 1031 reverse exchanges less challenging

safe harbor
/ Safe Harbor, Section 1031
I have previously noted in my blog some of the practical benefits of the use of the “reverse exchange” allowed ...

More bad news for San Francisco’s tenant relocation payment law

More bad news for San Francisco’s tenant relocation payment law
Over the past several years, the already high cost of housing in Silicon Valley and the Bay Area has risen ...

Board of Equalization hammers California taxpayers in failed Section 1031 “drop and swap”

Board of Equalization hammers California taxpayers in failed Section 1031 “drop and swap”
/ taxes
Since starting this blog, I’ve written a number of posts about various issues involved in the use of Section 1031 ...

California lawyers with blogs should familiarize themselves with new State Bar guidelines

California lawyers with blogs should familiarize themselves with new State Bar guidelines
/ Uncategorized
For attorneys, discussing our legal work—e.g., making speeches, giving presentations, and writing articles on topics in our fields of expertise—is ...

Temporary property tax relief available for victims of California’s winter storms

Temporary property tax relief available for victims of California’s winter storms
/ Property Taxes
Thus far this season, California has been hit hard by the elements, as many of you are likely too well ...

New accessibility requirements placed on California commercial leases

New accessibility requirements placed on California commercial leases
With the passage of SB 1186 in 2012, the State of California enacted a number of new requirements with regard ...

New California Supreme Court ruling complicates dual agency relationships

New California Supreme Court ruling complicates dual agency relationships
/ real estate agents
As you’re probably aware, a real estate broker may act as a dual agent for both the buyer and the ...

IRS backs down over home mortgage interest deduction limits

IRS backs down over home mortgage interest deduction limits
/ Mortgage deductions, mortgages, taxes
Back in 2013, I wrote in this blog about some surprising restrictions on the home mortgage interest deduction. In one ...

Mixed-use property income tax deferral

Mixed-use property income tax deferral
/ tax planning, taxes
Section 1031 Over the last couple of years, I have written a number of articles in this blog about tax-deferred ...

Energy consumption benchmarks for California nonresidential buildings

Energy consumption benchmarks for California nonresidential buildings
/ energy consumption, energy Usage
Previously in this blog, I wrote about delays that had arisen in connection with the implementation of California legislation intended ...

Real estate agents avoid antitrust violations

Real estate agents avoid antitrust violations
/ antitrust, price fixing
As many of you may know, real estate agents must be knowledgeable about federal and state antitrust laws and regulations, ...

Adding accessory dwelling units in California just got easier

Adding accessory dwelling units in California just got easier
Housing Crunch The housing crunch is an acute and chronic problem in much of California, and this is especially true ...

Solar power REITs—an idea whose time has come?

Solar power REITs—an idea whose time has come?
Over the last few years, I have written a number of articles directed at owners of California real estate regarding ...

Bypassing reassessments and transfer taxes

Bypassing reassessments and transfer taxes
In recent years, I have noticed a couple of related trends in my real estate law practice with regard to ...

Does your contract mandate arbitration?

Does your contract mandate arbitration?
/ arbitration
Commercial & residential real estate contracts From commercial/residential real estate contracts, to corporate buy-sell agreements, to employment contracts, to financial ...

Rent control measures head to Silicon Valley ballots in November

Rent control measures head to Silicon Valley ballots in November
/ elections, rent control
Expansion of rent control Earlier this year, I wrote in this blog about the housing crunch in the San Francisco Bay ...

Oops! Developer who missed Mitigation Fee Act deadline loses claim

Oops!  Developer who missed Mitigation Fee Act deadline loses claim
/ construction, County Fees, fees
High impact fees After the passage of Proposition 13 in 1978, many California cities and counties turned to imposing high ...

Recent federal decision further expands professional duty of care in construction defect cases

Recent federal decision further expands professional duty of care in construction defect cases
/ construction
It used to be hornbook law that the duty of care owed to third parties by architects, engineers and other ...

New consumer mortgage disclosure rules come up short for loan products

New consumer mortgage disclosure rules come up short for loan products
/ laws, loans
Loan Products that banks choose to offer In November 2013, pursuant to the Dodd-Frank reforms passed by Congress in the ...

Medical marijuana dispensaries zoning ban passes CEQA test

Medical marijuana dispensaries zoning ban passes CEQA test
While the impetus to legalize the personal use of marijuana continues to make headway across the country, serious hurdles to ...

Spiking housing costs and Silicon Valley rent control redux

Spiking housing costs and Silicon Valley rent control redux
/ housing costs, rent control
Several weeks ago in this blog, I posted an article about spiking housing costs in the San Francisco Bay Area ...

New standards adopted for land surveys

New standards adopted for land surveys
/ Land Survey
Land surveys are a critical tool Together with preliminary title reports and title insurance, land surveys are a critical tool ...

San Jose’s inclusionary housing ordinance allowed to stand, for now

San Jose’s inclusionary housing ordinance allowed to stand, for now
Challenge  San Jose’s inclusionary housing ordinance In this blog a few months back, I reported that the California Building Industry ...

Rent control rumblings roil Bay Area communities

Rent control rumblings roil Bay Area communities
/ rent control, rental property
Housing Crunch Lately, it seems, not a day goes by without hearing another “horror story” about the housing crunch in ...

Justice Scalia’s continuing impact on California property rights

Justice Scalia’s continuing impact on California property rights
/ property, property rights, Supreme court
Real property rights in California, both past and future In the wake of the death of U.S. Supreme Court Justice ...

“What’s so funny ‘bout peace, love and” eminent domain?

“What’s so funny ‘bout peace, love and” eminent domain?
/ Eminent Domain
Eminent Domain If you happened to see the recent media coverage of the heated exchange between Jeb Bush and Donald ...

Going solar? Keep these factors in mind

Going solar? Keep these factors in mind
/ solar leases, solar power, tax credits, taxes
Going Solar Back in 2014, I wrote a couple of blog articles about solar energy issues surfacing at that time ...

Easier real estate transfers adopted by California

Deed to a House
/ Deed, inheritance, laws
Real Estate Transfers Effective January 1, 2016, Californians may avail themselves of a new method for transferring real property assets ...

No more assessment appeal filing fees, Santa Clara County’s early holiday token

No more assessment appeal filing fees, Santa Clara County’s early holiday token
/ County Fees, Property Taxes
No more Assessment appeal filing fees Taking a small but positive step for local taxpayers, the Santa Clara County Board ...

San Jose’s inclusionary housing ordinance dispute moves to U.S. Supreme Court

San Jose’s inclusionary housing ordinance dispute moves to U.S. Supreme Court
/ Low income housing, Supreme court
Inclusionary housing ordinance Addressing this brutal environment in 2010, the City of San Jose, like many other cities in Silicon ...

Office space caps: Could Silicon Valley kill the goose that lays the golden eggs?

Office space caps: Could Silicon Valley kill the goose that lays the golden eggs?
/ Palo Alto, Permits, regulations
Office space caps Despite a sluggish U.S. economy, growth in Silicon Valley continues on a torrid pace.  Yet a dark ...

Special challenges for partnerships in Section 1031 tax-deferred exchanges

Special challenges for partnerships in Section 1031 tax-deferred exchanges
/ tax planning, taxes
Tax-deferred exchanges Over the last several months, I have written a number of articles addressing the subject of tax-deferred exchanges ...

Tax breaks for seniors and low/fixed income taxpayers in California

Tax breaks for seniors and low/fixed income taxpayers in California
/ Property Taxes, Seniors
Tax breaks for seniors If you’re age 65 or over, you’re likely quite familiar with the many advantages you can ...

Protecting your rental property from claims by “squatters”

Protecting your rental property from claims by “squatters”
/ property, rental property, squatters
Squatters In today’s “go-go” California real estate market, and especially in Silicon Valley, the idea that a property owner’s rights ...

Did uncertainty over development in Palo Alto force out SurveyMonkey?

Did uncertainty over development in Palo Alto force out SurveyMonkey?
Slow Growth Development Earlier this year, I wrote in this blog that it was going to be a very interesting ...

Converting your exchange rental property to your principal residence

Converting your exchange rental property to your principal residence
/ rental property
Principal residence Recently, a client of mine asked me whether it was possible to take advantage of the Section 1031 ...

Why did the assessed value of your California real estate increase by more than 2% this year?

assessed value
/ assessed value, Property Taxes
Assessed value of your California real property holdings If you’re like me, this time of year brings with it some ...

Property tax assessment, California real estate owners: It’s time to look

property tax assessment
/ Property Taxes
Property tax assessment The notification of assessed value sent out to them by California county tax assessors for real property ...

Reducing income taxes: considering a 1031 tax-deferred exchange

Reducing income taxes: considering a 1031 tax-deferred exchange
/ real estate purchases, taxes
Reducing income taxes One of the thorniest challenges facing holders of commercial real property, both in California and elsewhere, is ...

Regulating development: slowing Palo Alto development one project at a time

Regulating development: slowing Palo Alto development one project at a time
Regulating development in booming economy A newly-energized City Council has taken action , on regulating development, through a series of “urgency” ...

“Failure to communicate” can lead to disaster, court ruling shows

"Failure to communicate” can lead to disaster, court ruling shows
/ communication
A failure to communicate In the ‘60s movie Cool Hand Luke, the Captain (portrayed by Strother Martin) explained that “a ...

HUD opens the door for California property owners to take advantage of special funding for “green” upgrades

HUD opens the door for California property owners to take advantage of special funding for “green” upgrades
/ energy Usage, PACE loans
Green Energy Funding In a policy shift with potentially far-reaching benefits, the U.S. Department of Housing and Urban Development (“HUD”) ...

Water conservation more challenging because of recent court decision

Water conservation more challenging because of recent court decision
/ environment, tiered water
Water conservation in California The situation in California is not quite that bad yet, but some experts are warning that ...

Appeal court rules that subordinated mechanic’s lien rights can be lost

Appeal court rules that subordinated mechanic’s lien rights can be lost
/ Liens on Construction
Mechanic's lien rights A recent decision of California’s Fourth District Court of Appeal has held that the mechanic's lien rights ...

California Supreme Court sets aside “fair argument” restrictions on the use of CEQA categorical exemptions

California Supreme Court sets aside “fair argument” restrictions on the use of CEQA categorical exemptions
/ environment
In a case with potentially significant ramifications for environmental review in California, the California Supreme Court has ruled that the ...

To (Airbn)b, or not to (Airbn)b? Use caution when engaging in the “sharing” economy

To (Airbn)b, or not to (Airbn)b? Use caution when engaging in the “sharing” economy
Several online businesses (e.g., Airbnb, Vacation Rentals by Owner) now allow people to offer their homes, apartments and other living ...

Growth limits: charm vs. development

Growth limits: charm vs. development
Growth limits in Silicon Valley The debate on growth limits has a long history in Silicon Valley; my own personal ...

Recent decision limits remedies for breaches of retail lease cotenancy clauses

Recent decision limits remedies for breaches of retail lease cotenancy clauses
One of the most desirable and heavily negotiated terms sought by retail tenants from mall and shopping center landlords is ...

Drought brings new law allowing drought-resistant plants and other water conservation measures

Drought brings new law allowing drought-resistant plants and other water conservation measures
In response to California’s current severe drought, a new law recently enacted by the California legislature and signed by Governor Brown ...

New changes for 2015 to the CAR Residential Purchase Agreement

New changes for 2015 to the CAR Residential Purchase Agreement
Updated Residential Purchase Agreement It doesn’t happen frequently—the last time was over 4 years ago—but from time to time, the California ...

California commercial brokers now subject to stricter dual agency requirements

California commercial brokers now subject to stricter dual agency requirements
/ Dual Agency, real estate purchases
Effective January 1, 2015, commercial real estate brokers and salespersons in California will be required to comply with stringent agency ...

Foreclosing lenders once again fall victim to California’s “one action” rule

Foreclosing lenders once again fall victim to California’s “one action” rule
/ Foreclosers, mortgages
The one form of action rule At some point in their careers, California real estate lawyers must inevitably face one ...

The SNDA: A critical tool for planning and protecting commercial lease rights

The SNDA: A critical tool for planning and protecting commercial lease rights
/ commercial leases, leases
Commercial leases While many people in business are familiar with the general workings of a commercial lease, fewer are acquainted ...

New developments in residential solar electricity

New developments in residential solar electricity
A few months back, I noted in my blog a number of problems that had begun to arise in the ...

California Real Estate Sales Prices Lose Some Privacy Law Protections

California Real Estate Sales Prices Lose Some Privacy Law Protections
/ privacy, privacy rights
Privacy rights Californians can rightfully boast of the protections accorded their privacy rights under state law. From the California constitution ...

Good, well-placed fences (and boundaries) DO make good neighbors

Good, well-placed fences (and boundaries) DO make good neighbors
Now that the heat of summer is mostly behind us, and before the winter rains (hopefully) come, foresighted property owners ...

Prospective tenants must now receive notice of foreclosure

Prospective tenants must now receive notice of foreclosure
By necessity, most landlords stay current on the long list of disclosures to prospective tenants required by California law.  A relatively ...

Energy consumption benchmark requirements for some nonresidential building delayed until July 2016

Energy consumption benchmark requirements for some nonresidential building delayed until July 2016
/ energy Usage
Energy usage of nonresidential buildings can be an unknown and hidden cost of ownership when contemplating a commercial real estate ...

Think twice before leasing commercial space to “legal” marijuana businesses

Think twice before leasing commercial space to “legal” marijuana businesses
It’s legal in 19 states, and two of those states don’t even require a prescription (Colorado and Washington State), but ...

Changes Ahead for Evaluating Development-Related Traffic Impacts?

Changes Ahead for Evaluating Development-Related Traffic Impacts?
/ environment, regulations
California’s relationship with automobile traffic, how it is evaluated in connection with development projects, and how it is accommodated, have ...

Subprime mortgage crisis: California extends income tax relief for forgiveness of mortgage debt

Subprime mortgage crisis: California extends income tax relief for forgiveness of mortgage debt
/ subprime mortgage, taxes
Subprime Mortgage Crisis One of the more unpleasant surprises to emerge from the subprime mortgage crisis was the realization by ...

Triple Net Leases – an investment opportunity requiring careful attention to detail and planning

Triple Net Leases – an investment opportunity requiring careful attention to detail and planning
/ investment opportunities, leases
In this era of depressed yields from bank deposits, many investors have flocked to purchasing properties subject to “triple net” ...

Residential solar electric leases—low-budget option, or costly surprise?

Residential solar electric leases—low-budget option, or costly surprise?
Solar electric leases are becoming increasingly popular with California homeowners. From 2010-2013, residential solar electric production in California nearly tripled, ...

Architects and engineers beware! Escaping construction defect litigation just got more difficult

defective construction
/ law suits, litigation
The California Supreme Court has just made it harder for architects, engineers and other design professionals to avoid being brought ...

Withholding tax planning for foreign purchasers of U.S. real estate

Withholding tax planning for foreign purchasers of U.S. real estate
Foreign purchasers have been—and continue to be—major investors in our local real estate markets. During the 12 months ending in ...

The Benefits of Using Letters of Intent

The Benefits of Using Letters of Intent
Ever been interested in buying commercial property or a business, but hesitated because of all the costs and legalities of ...

California to require annual reporting following like-kind exchanges of out-of-state property

California to require annual reporting following like-kind exchanges of out-of-state property
When real property located in California is exchanged (1031 exchange) for property located outside California, the gain realized from the ...

A Primer on Commercial Leases for New (or Not So New) Commercial Tenants

A Primer on Commercial Leases for New (or Not So New) Commercial Tenants
Commercial Leases Are Different; Make No Assumptions. A prudent prospective tenant should review a lease carefully to determine whether its ...

U.S. Supreme Court holds that permit conditions may be challenged

U.S. Supreme Court holds that permit conditions may be challenged
/ Permits, Supreme court
The court ruled that permit conditions could be challenged as unconstitutional even at the time the government denies a permit ...

Can “underwater mortgages” be acquired by municipalities using Eminent Domain power?

Can “underwater mortgages” be acquired by municipalities using Eminent Domain power?
/ underwater mortgages
Faced with hundreds of homes that have been abandoned by “underwater” owners, the City of Richmond, California, has proposed to ...

Cautions about using Joint Check agreements in construction projects

Cautions about using Joint Check agreements in construction projects
/ Liens on Construction
“I’ll give you your money as soon as I get mine.” It is a frequently-heard promise around home remodeling and ...

Unsuspected Limits on the Home Mortgage Interest Deduction

Unsuspected Limits on the Home Mortgage Interest Deduction
/ Mortgage deductions
One of the most popular and well-known advantages of home ownership is the income tax deduction you can take for ...

Property owners, contractors and suppliers, don’t run afoul of new mechanic’s lien law requirements

Property owners, contractors and suppliers, don't run afoul of new mechanic’s lien law requirements
Are you are a contractor, supplier or property owner in California? You need to be aware of two recent changes ...

A buyer’s checklist for evaluating commercial real estate

A buyer’s checklist for evaluating commercial real estate
Now that you’ve decided to invest in commercial real estate, make sure that your intended purchase is as golden as ...

How to lower your real property tax assessment—at least for now

How to lower your real property tax assessment—at least for now
Summer's here, and the time is right for..." Dancing in the streets? So the song says, but there’s something else:  ...