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Housing

Meyers Nave has a long established track record of successfully facilitating the entitlement and development of both affordable and market rate housing. We guide public agencies, private developers and universities through the complex labyrinth of local, state and federal laws applicable to housing projects. Our attorneys also handle litigation challenging those projects.

Government Approvals.
We work with housing developers to formulate strategies for obtaining local government approval of housing projects and we advise on compliance with local and state housing requirements.

  • Assist in compliance with local inclusionary housing requirements and preparation of regulatory and affordable housing agreements.
  • Work with housing developers to apply for and use the State Density Bonus Law and local density bonus ordinances to obtain enhanced project densities, waivers and reductions of development standards, and favorable parking requirements.
  • Assist in the use of California’s Housing Accountability Act, SB 35 and other state laws to streamline the approval process and narrow local government discretion over housing project approvals.
  • Work with housing developers to obtain CEQA approval for housing projects, and qualifying for CEQA exemptions for infill projects and affordable housing.
  • Navigate historic preservation issues and adaptive reuse of qualifying historic properties.
  • Advise housing developers and property owners on compliance with local rent control and rent stabilization ordinances.
  • Assist in project compliance with the California Coastal Act and in obtaining approvals from the California Coastal Commission.
  • Help housing developers entitle and build mixed-use and transit-oriented development of property.
  • Assist developers with approval of vesting tentative tract maps and compliance with the Subdivision Map Act.
  • Advise owners in leasing and management of residential housing developments.

Public-Private Development.
Successful affordable housing development and public-private development projects require a thorough understanding of land conveyance and the funding sources available to these projects.  Meyers Nave attorneys have the knowledge and experience needed to assist local governments and housing developers in transactions for the conveyance of land and funding from government agencies for public-private development projects.

  • Negotiate and prepare disposition and development agreements, purchase agreements, and ground leases, also assisting in title review, due diligence and closing of transactions.
  • Negotiate documentation for public funding sources for housing projects, such as redevelopment successor agency housing funds, development fees, SB 2 funds, federal HOME and CDBG funds, state Multifamily Housing Program and other state and local programs.
  • Represent local governments and developers in housing bond issuance and financing for affordable and mixed income housing projects.
  • Advise local governments and developers in prevailing wage compliance in public-private development agreements, including exemptions from state prevailing wage laws aimed at affordable housing projects and market rate housing communities.
  • Assist local governments, nonprofits and developers in the creation of community land trusts and development of community land trust housing projects.
  • Assist local governments and developers in land use entitlements and assistance for supportive housing developments.

University Student and Faculty Housing.
Universities have highly specialized housing needs for their students, faculty and employees.  Meyers Nave attorneys have developed a unique expertise in assisting universities, community college districts and developers with student housing projects and workforce housing for faculty and staff.

  • Formulating strategies for approval of student housing projects and compliance with local and state housing requirements, assisting with long range development plans and other master planning efforts to increase on-campus housing development, obtaining CEQA approvals for university housing projects, and qualifying for CEQA exemptions for infill projects and affordable housing.
  • Assisting higher education institutions and housing developers in transactions for the conveyance of land and funding for public-private development of student and faculty housing projects, including the negotiation and preparation of development agreements, purchase agreements, and ground leases. We also assist in title review, due diligence and closing of transactions.
  • Negotiating and preparing documentation for public funding sources for student and faculty housing projects, including tax-exempt bonds.