San Francisco Continues to Struggle with Cannabis Regulation

On November 9, 2016, California voters approved (by a 56-44% margin) Proposition 64, the Adult Use of Marijuana Act (AUMA), which allows adults to possess and cultivate marijuana for recreational purposes. Municipalities were given until January 1, 2018 to plan for regulation of the industry, at which time recreational retail use will begin and additional […]

Sorting Through the Details of the New Affordable Housing Program

In late July, the Board of Supervisors finally passed—and the Mayor signed—the compromise inclusionary affordable housing ordinance. We discussed the near-final legislation in our June 23 update, which you can access here. The broad strokes of that legislation are now law: partially grandfathered rates passed in June 2016 remain in place but most if not […]

SF Inclusionary Affordable Housing Legislation Nearing Conclusion and Final Vote

On Monday June 19, the Land Use Committee of the Board of Supervisors introduced a revised version of the compromise Inclusionary Affordable Housing legislation that Supervisors Breed, Kim, Peskin, Safai, and Tang introduced in May. We expect the legislation to be heard again, likely for the final time, at the Land Use Committee on July […]

Affordable Housing Compromise and New Resource for Street Trees

Sneak Peek at Affordable Housing Compromise The San Francisco development community has been waiting for Board of Supervisors action on affordable housing requirements.  As last reported in our April 26 update, competing affordable housing legislation has been working its way through the Land Use and Transportation Committee and the Planning Commission. It is now being […]

Planning’s Retooled Approach to Residential Projects in RH Districts – The Large Home Program

Planning’s Retooled Approach to Residential Projects in RH Districts – The Large Home Program Last week, the Planning Department unveiled its revamped approach to residential expansions and new ground-up construction in the RH zoning districts: the Large Home Application. The name of the program is derived from the Eastern Neighborhoods’ primary entitlement document, the Large […]

Update on Notice Obligations Under Right to Repair Act

The Right to Repair Act or SB 800 (“Act”) provides for certain rights and procedures for homeowners and builders with respect to construction defect claims.  The Act requires certain pre-litigation notice and cure obligations between the parties before a suit may be filed by the homeowner.  A recent case entitled “Blanchette v. Superior Court” interpreted […]

More on Housing

City policy-makers have been busy addressing the City housing issues, and this week we discuss recent developments in two areas of housing policy:  affordable housing and accessory dwelling units. Affordable Housing In previous updates, we have reported on legislation proposed by members of the Board of Supervisors that amends the City’s affordable housing requirements.  Two […]

Dual Agency: Will It Survive In California?

Real estate brokers, and the licensees who work under their supervision, owe fiduciary and other duties to their clients. Can those duties be fulfilled in the context of dual agency?  The potential conflicts of interest that may arise when brokers undertake the representation of more than one party to a real estate transaction are again […]

No Grandfathering and Increased Affordable Housing Rates for Divisadero and Fillmore NCTs

Back in December 2015, Supervisor Breed introduced legislation that would eliminate the Affordable Housing Program grandfathering provisions of Proposition C and impose increased affordable housing rates for certain properties in the Divisadero and Fillmore Neighborhood Commercial Transit (NCT) Districts. The higher requirements would apply to sites in those two districts that received at least a […]

Update on Recent California Condo/HOA Laws

There are tens of thousands of common interest developments in California, ranging from 2-unit buildings to large condominium towers and planned unit developments.  The Davis-Stirling Common Interest Development Act (“Davis-Stirling Act”) is the primary body of law governing condo projects and homeowners associations (“HOAs”) in the state. This update summarizes a few recent changes to […]