Kevin Wallace

Will the Ninth Circuit take this case on appeal? In my opinion, there is no nexus for making property owners bear the burden of supplying #affordablehousing in our communities. All members of society should bear the burden or put pressure on our elected officials to make policy changes that increase #housing supply and lower the cost to build new homes. “Despite its name, Seattle’s Mandatory Housing Affordability law does the opposite of what it intended — it makes it unaffordable for people like Anita to build housing on their own property,” Institute for Justice attorney Suranjan Sen said in a news release. The role of the Takings Clause is to ensure that particular individuals are not forced to “alone . . . bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” In considering a challenge to a governmental action or regulation relating to private property, the Court must first evaluate whether a taking has occurred. https://lnkd.in/g28ap93N

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For the 3rd time in recent years, California voters rejected efforts to expand rent control by a resounding 20-point margin. The latest attempt, #Proposition33, would have repealed the 1995 Costa-Hawkins Rental Housing Act, a relatively balanced housing policy aimed at incentivizing new housing development by prohibiting municipalities from capping rent on vacant units, single-family homes and apartments built after Feb. 1, 1995. With a statewide housing shortage totaling one million units, the solution to California’s affordable housing crisis is clear:  WE NEED MORE SUPPLY!! Additionally, the Los Angeles Times published a new article with the #Prop33 election outcome. https://lnkd.in/gUZp5HF2   For more insight, see the link to my blog below:  https://lnkd.in/grxMpqzg

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💡Support Affordable Housing in Every Neighborhood!💡 Los Angeles is in the midst of a housing crisis, and the current CHIP Ordinance, while a step forward, doesn’t go far enough to address the city’s needs. Including single-family zones in CHIP incentives is a critical move to ensure we create enough affordable housing for everyone. City Planning’s own Housing Element Rezoning Program report (Exhibit D, Option 1) outlines a way to make this inclusion possible. This would: 1️⃣ Expand affordable housing options citywide, not just in lower-resourced areas. 2️⃣ Help workers live closer to their jobs, reducing long commutes. 3️⃣ Fulfill state requirements to Affirmatively Further Fair Housing (AFFH) and avoid legal challenges like the Builder’s Remedy. Excluding single-family zones perpetuates segregation and keeps the best-resourced areas inaccessible for many Angelenos. By adopting Exhibit D Option 1 and removing blanket exemptions for the Coastal Zone, we can build a more inclusive and equitable city. 👉 Take action now to urge L.A. leaders to adopt these changes: Sign here! https://lnkd.in/gCWZdANK Let’s work together to make Los Angeles a place where everyone can find a safe, affordable home. #AffordableHousing #CHIPOrdinance #HousingCrisis #LosAngelesHousing #FairHousing #UrbanDevelopment

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“The $37 million overhaul of the structure is fully funded by the King County parks levy, Amazon, money from the state’s sale of carbon credits, Bellevue and Kaiser Permanente.” My thanks to Amazon, Kaiser Permanente and the guy in Asotin County that filled up his gas tank to pay for our bridge in Bellevue. I’m grateful for the voluntary private-sector contributions, and voters chose to support the parks levies in King County and Bellevue, but the Climate Commitment Act doubled the gas tax for the purpose of reducing carbon emissions and achieving the State’s goal of reaching net zero by 2050. The gas tax proceeds have created a multi-blllion dollar slush fund, and the money is being spent on projects that have as much to do with political graft as they do with reducing carbon emissions. It cannot be credibly argued that funding the restoration of a railroad trestle into a bike bridge is key to achieving net zero carbon emissions. And this project is not unique. See the link to the CCA’s current project funding list in the comments. We are only in Period 1 of the CCA. Starting in 2027, and every four years after that, the gas tax increases go up, and up, and up. If you agree that this is not the right path, I-2117 is the solution. Please vote this November.

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LAist reports that Los Angeles housing officials have released a long-awaited report recommending changes to the city’s rent control policies. If adopted by the city council, the new proposals would significantly lower rent hikes next year for the 42% of L.A. residents living in rent-controlled housing. This is one reason Paladin Realty Partners, LLC avoid investing in rent-controlled (1978 and older) apartments in L.A. As rent control erodes operating margins, owners have less incentive to invest in property upkeep, potentially leading to blighted conditions in many neighborhoods. Over time, properties may be removed from the rental market, worsening the #AffordableHousing crisis. https://lnkd.in/gV5RhGWi

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🚨 New Housing Ordinance in Honolulu to Boost Affordable Rental Units 🏘️ Honolulu's housing market is set for a much-needed boost with the recent passage of Bill 3, signed by Mayor Rick Blangiardi in August. The new ordinance provides enhanced post-construction grants for privately financed rental housing projects, aiming to make these developments more financially feasible amid high interest rates, construction costs, and supply chain issues. Key incentives include: 💰 $40 per square foot for units under 300 sq ft. 🤑 $12,000 per unit for units over 300 sq ft. 💡 Key Takeaways: Affordable Housing: Designed to create units that local residents can afford, especially younger generations and families. Financial Incentives: Developers will benefit from increased grants, making projects more viable despite current market challenges. Urban Development: Small parcels in the urban core will be rehabilitated, preserving neighborhood character while maximizing space for housing. This is a good step forward. Personally, Bill 7 was hyped up to be a solution for affordable housing. Only a few seasoned developers have been able to successfully deliver a final product. This is meant to be an extension of that Bill. https://lnkd.in/gwmNDAcD #AffordableHousing #HawaiiRealEstate #UrbanDevelopment #MultifamilyInvestments #Honolulu

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As California continues to face an unprecedented housing crunch, accessory dwelling units (ADUs) have emerged as a promising solution to bolster housing stock in existing neighborhoods. The journey to approval can vary widely, raising the question: how long does it take to get a building permit approved? We have put together a guide to Understanding the ADU Permitting Process in California. Access it here: https://bit.ly/3xQP7dX We hope it's beneficial to your ADU planning. #accessorydwellingunit #accessorydwellingunits #adu #aduamerica #adudesign #aduready #awesomedwellingunit #casita #guesthouse #builder #construction #contractor #steelbuilthome #prefab #modularhome #california #californiarealestate #Sacramento #LosAngelesRealEstate #OCRealEstate #design #designbuild #garageconversion #homedesign #homeremodeling #interiordesign #renovation #home #homeoffice #housing #modularhome #prefab #DesignToDoorstep

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I couldn't disagree with Mr. Schwartz's assessment of California's #housing crisis more. Government does in fact have significant impacts on the price of land, the cost of construction, job growth and the availability of skilled workers. Subsidized housing can't meet the need alone. -Government's police powers control land use through General Plans, Zoning, Sphere of Influence, Urban Growth Boundaries and other mechanisms. Land use dictates how much land is available and hence the price. More land available for development = lower land prices. -- The cost of construction in California is also one of the highest in the nation. Title 24 (energy code) and the State's building code are some of the most onerous in the US and significantly increase the cost of construction. --California's high fuel costs, are a major determinant of input costs such as concrete, asphalt, lumber and other building materials. -- High density, transit oriented development is prohibitively expensive. Many cities are clearly biased against missing middle housing such as townhomes, duplexes and garden style apartments which are far more cost effective to build. -- California's regulatory environment and high taxes on individuals and business impair job growth. Just look at the number of corporate relocations to more business friendly states such as Texas, Florida and Tennessee. -- California was once a leader in education. We created the UC system in 1868. To move forward, the state should invest in expanding trade schools to help expand the pool of highly skilled labor. Any way you cut it...policies matter. #CEQA might not be the cause of the housing crisis but it is a major deterrent to housing production and needs to be reformed especially for development within existing city boundaries. Even simply allowing victims of frivolous lawsuits to sue for damages would tip the scales of justice while still protecting the environment.

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WBPA provided the attached letter to the Bellevue City Council and Planning Commission requesting continued use of the legally defensible affordable housing incentive scheme in the Bel-Red land use code. The city is currently looking to enact new policies when it completes the Comp Plan update. It’s important that the new policies are legally defensible, and that they spur growth instead of stalling it. The letter provides a thorough analysis of the state and federal law that limits affordable housing policies to voluntary incentives. Seven prominent local land use attorneys participated in the drafting and editing of the letter, and signed it. In short, policies must (a) incentivize owners to provide affordable housing by awarding a benefit (typically increased development capacity) that exceeds the cost of providing the affordable housing; and (b) the use of the incentive must be voluntary, in that the owner can opt-out and build to at least the limits in place prior to adoption of the new code. Bel-Red’s current scheme meets both requirements. If you’re in the real estate industry this letter is well worth your time, as it explains the core legal constraints on the government’s ability to place conditions on development of private property. It also shows the path forward to incentivizing property owners to provide more affordable housing in a legally defensible manner. If you appreciate the effort I hope you’ll consider membership in WBPA. These letters don’t write themselves. 😁

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Understanding School Fees in California 📚 California school fees have long been a point of contention for developers, especially those working on affordable housing and Smaller Scale projects such as ADUs. Recent clarifications from HCD underscore the complexity of this issue. In California, the imposition of school fees on residential construction, including Accessory Dwelling Units (ADUs), is governed by specific provisions in the Education Code. Notably, Education Code Section 17620(a)(1) authorizes school districts to levy fees on new construction to fund school facilities. However, Section 17620(a)(1)(C)(i) specifies that these fees apply to residential construction only if the resulting increase in assessable space exceeds 500 square feet. This means that ADUs adding 500 square feet or less should be exempt from such fees. Despite this clear statutory language, some school districts continue to impose fees on smaller ADUs, leading to confusion and potential financial burdens for homeowners and developers. The California Department of Housing and Community Development (HCD) acknowledges this issue but notes that it lacks enforcement authority over school districts regarding the Education Code. Consequently, compliance relies on the districts themselves, with oversight potentially involving the Attorney General's office. Key Takeaways: Statutory Exemption: ADUs that increase assessable space by 500 square feet or less are exempt from school fees under Education Code Section 17620(a)(1)(C)(i). Enforcement Challenges: HCD cannot enforce this exemption; compliance depends on individual school districts, with potential oversight by the Attorney General. Despite this clear statutory language, some school districts, such as Long Beach Unified School District (LBUSD), continue to impose fees on ADUs that are exempt under the law. Developers and homeowners who pay these fees may eventually be entitled to reimbursement if the school district is found to be noncompliant. Call to Action If you or someone you know has been improperly charged school fees for an ADU under 500 square feet, your voice matters! Please take a moment to assist in bringing these issues to light. ➡️ Report your case to the DOJ using their general contact form. Together, we can ensure that school districts comply with the law and help reduce unnecessary barriers to housing development. Let’s make California a state where housing solutions are celebrated, not penalized. By addressing these challenges, we can support the development of ADUs as a vital component of California's housing strategy, promoting affordability and increasing housing options across the state. 🛠️ Let’s work together to streamline housing development and support equitable compliance with school fee regulations. 💬 Have you faced similar challenges with school fees? Share your experiences in the comments below! #HousingJustice #ADUDevelopment #AffordableHousing #SB937

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Brent Toderian's Open Forum piece published in the Sunday SF Chronicle provides some good insights into steps that could be taken to revitalize downtown Sacramento and which could be applicable to SF also. The theory is that by adding housing in or in close proximity to downtowns that you create the 24/7 environment desired to fill the office buildings and make restaurants, bars, grocery stores, and other retail businesses viable. The article lists 6 key steps, one of which is to modify the Builder's indemnity covering construction defects in condo projects from the current prohiibtive 10 years, to something more reasonable like 5 years (Brent suggests 2 years) as many people prefer to own rather than rent. The steps Brent outlines are keys to get people living in the downtown areas and will help restore the vitality necessary to bring back tourists and commuters. #revitalizingdowntowns #24/7downtowns

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Since 2017, California has taken an approach to addressing its middle-scale housing challenges, with a focus on expanding affordable housing options like ADUs (Accessory Dwelling Units). Through targeted reforms, the state has streamlined the process for developing these smaller housing units, directly responding to the growing demand for diverse, accessible housing solutions. By leveraging insights from successful case studies across other regions, California has implemented policies that reduce barriers and increase housing supply without altering the character of existing communities. This thoughtful approach, supported by the Casita Coalition and Zillow, offers a clear model for other states facing similar housing crises. The key lesson: evidence-based policy changes, informed by proven strategies, can play a crucial role in addressing housing affordability and accessibility.

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The “Builder’s Remedy” has been one of California’s most controversial housing laws for decades. But now legislators are looking to “clear up and rein in” the housing statute. The proposed overhaul “includes new perks for developers, textual edits to clear up how the law would apply, and a provision to let developers who make use of other state laws allowing them to bypass environmental review and public hearing requirements to make use of builder’s remedy guarantees too.” We will have to see how this develops but it could mean some significant changes down the road for the state. #California #HousingMarket #Legistlation #FairHousingMonth

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🏠 L.A.’s Housing Crisis: Big Changes Needed! 🏠 Los Angeles must build 456,643 new homes by 2029 to meet demand, but long approval times and red tape are slowing us down. A new study suggests key reforms to speed up the process, like raising the Site Plan Review threshold and using tech to streamline approvals. With these changes, we could boost housing production by over 25%! 🚀 Let’s push for these reforms and make L.A. affordable for everyone! 💬 What is the biggest barrier to building more housing in L.A.? Share your thoughts below! ⬇️ hashtag#LosAngeles hashtag#HousingCrisis hashtag#AffordableHousing hashtag#CityPlanning hashtag#UrbanDevelopment hashtag#RealEstate

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“The new estimate is about triple [between $6.7 and $7.1 billion] the cost estimate provided in 2016 when the ST3 plan was approved, which, at $2.3 billion, was hardly a bargain. The revised cost is over $1.5 billion per mile for a line that is only four miles long and adds just four stations. On a per-mile basis that would make it one of the costliest light rail lines in the world, but nowhere near the most productive…. The fine print of the FEIS reveals total transit ridership in the region under the No-Build alternative would produce 99.7% of the ridership of the light rail alternative. In other words, the light rail extension [to West Seattle] would produce less than a one percent increase in total transit ridership for an investment of over $6 billion.” Faced with this information, it is now the duty of every elected official from Everett to Olympia to sit by themselves in a locked room, yell loudly, shut their eyes tightly and slap their ears repeatedly. Push what you learned far outside your mind, tell yourself it’s the responsibility of the unelected, unaccountable Board, and pray the media and the public move on to another issue while Sound Transit continues to squander billions. Billions that could have been applied to education, housing, transportation projects with cost/benefit, or even just (gasp!) left in the pockets of the taxpayers you represent. Whatever you do, never deign to even sheepishly raise your hand and suggest that maybe, just maybe, the plan is flawed, and the Sound Transit Board needs to stop wasting our money. And voters - keep doing the same thing while expecting a different outcome. The ST4 tax increase proposal is coming, I assure you.

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Multifamily owners embrace ADUs to repurpose under-utilized spaces on existing properties. Not a trend I would have predicted given the small scale of the additions, but it does show what streamlining approvals can do to facilitate more housing production.

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Sales of existing single-family homes in California totaled 275,540 in April, up three percent from March and 4.4 percent year-over-year, according to a report. Statewide, the median price of a home during the fourth month of the year was $904,210, a 5.8 percent from March and an 11.4 percent increase from one year earlier, the California Association of Realtors reported. That was a record median price for the month of April, but sales remained below 300,000 for the 19th consecutive month.

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