While negotiations on construction defect legislation reform came to a halt in the Colorado Legislature last Thursday, a package of three bills aimed at increasing affordable housing in Colorado moved forward at the State Capital on May 5, 2016.
Continue Reading Affordable Housing Legislation Advances at State Capital
Real Property
Mejor que Nada? Construction-Defect “Study Group” May Get Legislative Sanction
By Alix W. LaSalle on
Last week, the negotiations for a construction defects reform package fell apart, making it extremely unlikely that Colorado would see any state action on the issue this year – the fourth time such attempts at legislation have failed. Immediately after that failure, Senate Bill 213 was introduced, which would establish a ten-person study group appointed by State leaders.
Continue Reading Mejor que Nada? Construction-Defect “Study Group” May Get Legislative Sanction
Fourth Time Not the Charm: 2016 Construction Defect Legislation Reform Unlikely
By Alix W. LaSalle on
On Thursday, May 05, 2016 negotiations for a construction-defects reform package broke down, making it unlikely that a bill will even get introduced this year. While Denver and several other Colorado communities have passed their own ordinances, without a state-wide legislative change, the shortage of affordable housing in Denver and elsewhere in Colorado is likely to continue, as many developers are unwilling to risk such ordinances being overturned.
Continue Reading Fourth Time Not the Charm: 2016 Construction Defect Legislation Reform Unlikely
Village’s Failure to Rezone Land for Multi-Family Use Violates Fair Housing Act: Second Circuit
By Otten Johnson on
Posted in Appellate, Housing, Land Use, Litigation, Multi-Unit Housing, Real Estate Development, Real Property, Zoning
In a case that has been percolating for over 14 years, the federal Second Circuit Court of Appeals concluded last month that the Village of Garden City, New York engaged in racial discrimination in violation of the federal Fair Housing Act (FHA) as a result of unlawful zoning practices. The Second Circuit’s decision came in…
Ninth Circuit: Local Government’s Denial of Rezoning May Violate Fair Housing Act
By Kimberly A. O'Hagan on
In Ave. 6E Invs., LLC v. City of Yuma, decided last week, the Ninth Circuit considered whether a local government’s refusal to grant a rezoning request that would have allowed higher-density residential development violated the Fair Housing Act (FHA). This case is one of the most significant cases since last summer’s Supreme Court decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project to address issues of disparate impact and discriminatory intent under the FHA.
Continue Reading Ninth Circuit: Local Government’s Denial of Rezoning May Violate Fair Housing Act