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OnDemand

38th Annual Real Property Spring Conference: Litigation Under the Housing Accountability Act: Zen and the Art of Objective Standards

Real Property Law Section
Credit(s): 1.25 Participatory MCLE Credits
Course Number: RPSC _2019_34
Original Program Date: May 4, 2019
Duration: 1 hour 16 minutes
Access: Available for 3 months after Registration
Passport: This product is Passport Eligible 
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    Category: Real Property Law
    Category: Real Property Law (show less)
    In 2017 and 2018, the Legislature added teeth to the Housing Accountability Act (HAA), a previously little-known statute that, thanks to recent amendments, has now roared into life. In strengthening the HAA, the Legislature’s stated intent is to curb the ability of local governments to deny housing, whether affordable or market rate. The HAA has become a litigation favorite of developers and “Yes in My Backyard” (YIMBY) groups seeking to challenge cites’ and counties’ denial of or reduction in density of housing development projects throughout the state. In a nutshell, the HAA makes it difficult for cities and counties to deny or reduce the density of projects that comply with “objective” local standards. This panel will provide an overview of the HAA, and discuss the challenges and strategies involved in litigating under the Act. The panel will focus on the many open questions under the HAA, including the relationship between the HAA and CEQA, and the fundamental question of what constitutes an “objective” local standard.
    1.25 Participatory MCLE Credits

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