Daniel Golub
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Articles by Daniel Golub
California's 2027 Housing Laws: What You Need To Know
The California Legislature continued to support housing production and streamline housing approvals by creating new ministerial pathways for townhome projects, extending subdivision map expirations, limiting subdivision map appeals and plan-check cycles, and expediting inspections.
California's 2027 Housing Laws: What You Need to Know
The California Legislature continued to support housing production and streamline housing approvals by creating new ministerial pathways for townhome projects, extending subdivision map expirations, limiting subdivision map appeals and plan-check cycles, and expediting inspections.
Specialist chapter: how patent challenges are being rewritten
This is an Insight article, written by a selected contributor as part of IAM's co-published content. Learn more about Insight In summary Patent validity challenges at the USPTO have not slowed, but they have shifted forums. Discretionary denials of institution and the requirement that patent challengers advance consistent claim construction positions before the Patent Trial and Appeal Board and the district courts, have made inter partes review (IPR) a less favourable tool for challengers.
Podcast - Exploring California's Housing Project Entitlement Landscape Original
Holland & Knight are most popular: within Strategy topic(s) California's housing reforms have given developers new leverage, but they have not eliminated the legal and economic barriers to building homes.
Holland & Knight Secures Favorable Settlement for USA Properties Fund in Affordable Housing Litigation
SAN FRANCISCO (June 9, 2026) – Holland & Knight successfully defended USA Properties Fund Inc., the developer of the Hope Way Apartments, an approved affordable housing community in Placer County, California, against litigation brought by Placer Citizens for Neighborhood Rights Inc. (PCNR) to stop the project. A settlement agreement that ends the litigation was announced on May 15.
Commission Denies Appeal of Previously Approved Willow Glen Builder's Remedy Project
West Coast Land Use and Environment attorney Daniel Golub was cited in a Mercury News article about a dispute involving a mixed-use project approved under the Builder's Remedy provision of California housing law. Redco Development proposed a 126-unit mixed-use development in Willow Glen, a district in San Jose, with 15 percent of units set aside for very low-income residents and another 15 percent for moderate-income residents.
Swalwell's 90-Day Housing Permit Deadline: Will It Speed Up Building in CA?
West Coast Land Use and Environment attorney Daniel Golub was quoted in The Sacramento Bee on California gubernatorial candidate Eric Swalwell's proposal to impose a 90-day deadline on state agencies to act on housing permits. Professionals interviewed by the publication evaluated whether the plan would accelerate housing production, noting that some agencies already face similar timelines and that local governments still play the larger role in project approvals.
California's 2026 Housing Laws: What You Need to Know | JD Supra
In one of the most significant legislative sessions for housing production in decades, a new California Environmental Quality Act (CEQA) exemption (AB 130) and denser zoning near transit (SB 79) understandably attracted the most attention, but other less-noticed provisions will also have a critical impact on housing entitlement policies.
California's 2026 Housing Laws: What You Need to Know
In one of the most significant legislative sessions for housing production in decades, a new California Environmental Quality Act (CEQA) exemption (AB 130) and denser zoning near transit (SB 79) understandably attracted the most attention, but other less-noticed provisions will also have a critical impact on housing entitlement policies.
Cities Relying On Housing Overlays May Face "Builder's Remedy" Under New Court Decision
Daniel R. Golub’s articles from Holland & Knight are most popular: within Real Estate and Construction topic(s) in Europe in Europe in Europe with readers working within the Retail & Leisure industries Many California jurisdictions rely on housing "overlay" zones to meet rezoning requirements under State Housing Element Law. In New Commune DTLA LLC v.
Cities Relying on Housing Overlays May Face "Builder's Remedy" Under New Court Decision | JD Supra
Many California jurisdictions rely on housing "overlay" zones to meet rezoning requirements under State Housing Element Law. In New Commune DTLA LLC v.
Cities Relying on Housing Overlays May Face "Builder's Remedy" Under New Court Decision
Many California jurisdictions rely on housing "overlay" zones to meet rezoning requirements under State Housing Element Law. In New Commune DTLA LLC v.
California Courts Reemphasize That State Housing Laws Prevail Over City Codes
Daniel R. Golub’s articles from Holland & Knight are most popular: within Real Estate and Construction topic(s) Holland & Knight are most popular: within Compliance topic(s) State housing laws such as California Senate Bill (SB) 330 and SB 79 remain effective only if courts enforce them as applicable to charter cities.
California Courts Reemphasize That State Housing Laws Prevail Over City Codes | JD Supra
State housing laws such as California Senate Bill (SB) 330 and SB 79 remain effective only if courts enforce them as applicable to charter cities. Two recent published opinions cast serious doubt on the ability of cities to use the "municipal affairs" doctrine to assert that they are immune from state laws surrounding housing production.
California Courts Reemphasize That State Housing Laws Prevail Over City Codes
State housing laws such as California Senate Bill (SB) 330 and SB 79 remain effective only if courts enforce them as applicable to charter cities. Two recent published opinions cast serious doubt on the ability of cities to use the "municipal affairs" doctrine to assert that they are immune from state laws surrounding housing production.
California Legislature Enacts Major CEQA Reforms for Housing-Rich "Infill" Projects | JD Supra
California Gov. Gavin Newsom signed into law Assembly Bill (AB) 130 and Senate Bill (SB) 131, which contain significant reforms to the California Environmental Quality Act (CEQA) relevant to housing projects. These reforms took effect immediately on June 30, 2025. AB 130 exempts qualifying "infill" housing-rich projects from CEQA, with no wage standard requirements for projects up to 85 feet.
New California Law Expands Clearance Of Restrictive Covenants On Commercial Property
David Preiss’s articles from Holland & Knight are most popular: within Real Estate and Construction topic(s) Holland & Knight are most popular: within Criminal Law topic(s) California housing developers can now seek to redact restrictive covenants from title when seeking to redevelop an existing commercial property that includes residential uses permitted by state housing laws or local land use and zoning regulations.
California's Housing Laws Hang Over Controversial Placer County Project
West Coast Land Use and Environment attorney Daniel Golub was mentioned in a Sacramento Bee article on the Placer County Planning Commission's decision to halt the 240-unit Hope Way Apartments near Rocklin amid tensions between state housing mandates and local control.
California Gov. Gavin Newsom Signs SB 79, Unlocking Higher Residential Density Near Transit
Holland & Knight are most popular: within Criminal Law topic(s) Signed into law by California Gov. Gavin Newsom on Oct. 10, 2025, Senate Bill (SB) 79 overrides local zoning limitations to allow greater heights and densities for residential development near transit stops. The legislation allows dense residential development along established transit corridors, primarily in the Bay Area, Sacramento County and Southern California urban counties.
California Gov. Gavin Newsom Signs SB 79, Unlocking Higher Residential Density Near Transit | JD Supra
Signed into law by California Gov. Gavin Newsom on Oct. 10, 2025, Senate Bill (SB) 79 overrides local zoning limitations to allow greater heights and densities for residential development near transit stops. The legislation allows dense residential development along established transit corridors, primarily in the Bay Area, Sacramento County and Southern California urban counties.
California Gov. Gavin Newsom Signs SB 79, Unlocking Higher Residential Density Near Transit
Signed into law by California Gov. Gavin Newsom on Oct. 10, 2025, Senate Bill (SB) 79 overrides local zoning limitations to allow greater heights and densities for residential development near transit stops. The legislation allows dense residential development along established transit corridors, primarily in the Bay Area, Sacramento County and Southern California urban counties.
California Legislature Enacts Major CEQA Reforms For Housing-Rich "Infill" Projects
California Gov. Gavin Newsom signed into law Assembly Bill (AB) 130 and Senate Bill (SB) 131, which contain significant reforms to the California Environmental Quality Act (CEQA) relevant to housing projects. These reforms took effect immediately on June 30, 2025. AB 130 exempts qualifying "infill" housing-rich projects from CEQA, with no labor or wage standard requirements for projects up to 85 feet.
California's 2025 Housing Laws: What You Need To Know
As previously reported by Holland & Knight, reforms to the Housing Accountability Act (HAA) have set new standards for "Builder's Remedy" projects beginning in 2025. The California Legislature returned to the scene of its previous work on streamlined ministerial permitting, expanding the applicability of AB 2011 of 2022 (sites zoned for commercial development) and SB 684 of 2023 (up to 10-unit housing subdivisions on small sites).
California's 2025 Housing Laws: What You Need to Know | JD Supra
As previously reported by Holland & Knight, reforms to the Housing Accountability Act (HAA) have set new standards for "Builder's Remedy" projects beginning in 2025. The California Legislature returned to the scene of its previous work on streamlined ministerial permitting, expanding the applicability of AB 2011 of 2022 (sites zoned for commercial development) and SB 684 of 2023 (up to 10-unit housing subdivisions on small sites).
California Legislature Passes Major Reforms for "Builder's Remedy" Projects | JD Supra
With Assembly Bill (AB) 1893, the California Legislature expressly confirms the "Builder's Remedy" as an intended consequence of local governments' failure to adopt legally sufficient housing plans. The law replaces the "free-for-all" approach to Builder's Remedy, and projects now must comply with new site restrictions, density limits, certain objective local standards and other mandated requirements.
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California Legislature Passes Major Reforms for "Builder's Remedy" Projects
Highlights With Assembly Bill (AB) 1893, the California Legislature expressly confirms the "Builder's Remedy" as an intended consequence of local governments' failure to adopt legally sufficient housing plans. The law replaces the "free-for-all" approach to Builder's Remedy, and projects now must comply with new site restrictions, density limits, certain objective local standards and other mandated requirements.
A Deep Dive Into High Court's Permit Fee Ruling
ADVERTISEMENT Don't want ads? Subscribe or login now. By David Robinson and Daniel Golub (April 26, 2024, 2:54 PM EDT) -- In Sheetz v. County of El Dorado, California, a unanimous decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court on April 12 set the stage for widespread lawsuits contesting the constitutionality of the many billions of dollars in impact fees developers are forced to pay annually to get construction permits....
A Deep Dive Into High Court's Permit Fee Ruling
By David Robinson and Daniel Golub · In Sheetz v. County of El Dorado, California, a unanimous decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court on April 12 set the stage for widespread lawsuits contesting... To view the full article, register now.
A Deep Dive Into High Court's Permit Fee Ruling
By David Robinson and Daniel Golub (April 26, 2024, 2:54 PM EDT) -- In Sheetz v. County of El Dorado, California, a unanimous decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court on April 12 set the stage for widespread lawsuits contesting the constitutionality of the many billions of dollars in impact fees developers are forced to pay annually to get construction permits....
Supreme Court Sets Stage For Widespread Challenges To Real Estate Development Impact Fees
The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. In three concurring opinions, however, five of the nine justices hastened to add that they do not necessarily agree on what this means for developers and real estate investors going forward.
Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees | JD Supra
The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. In three concurring opinions, however, five of the nine justices hastened to add that they do not necessarily agree on what this means for developers and real estate investors going forward.
Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees
Highlights The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. In three concurring opinions, however, five of the nine justices hastened to add that they do not necessarily agree on what this means for developers and real estate investors going forward.
California's 2024 Housing Laws: What You Need to Know | JD Supra
In 2023, the California Legislature enacted and extended significant housing streamlining laws – most, but not all, are limited to projects that pay prevailing wage for construction labor and contain significant amounts of Below Market Rate (BMR) housing. The session also saw important signs of legislative frustration at California Environmental Quality Act (CEQA) abuse.
California's 2024 Housing Laws: What You Need To Know
In 2023, the California Legislature enacted and extended significant housing streamlining laws – most, but not all, are limited to projects that pay prevailing wage for construction labor and contain significant amounts of Below Market Rate (BMR) housing. The session also saw important signs of legislative frustration at California Environmental Quality Act (CEQA) abuse.
California's 2024 Housing Laws: What You Need to Know
Highlights In 2023, the California Legislature enacted and extended significant housing streamlining laws – most, but not all, are limited to projects that pay prevailing wage for construction labor and contain significant amounts of Below Market Rate (BMR) housing. The session also saw important signs of legislative frustration at California Environmental Quality Act (CEQA) abuse.
California Court of Appeal Affirms Powerful Litigation Tool for Defending Housing | JD Supra
One of the key problems contributing to California's housing crisis is that it is relatively easy for housing opponents to file litigation challenging housing approvals, and even a completely meritless lawsuit can cause years of delay in the building of new homes.
California Court of Appeal Affirms Powerful Litigation Tool for Defending Housing
Highlights The California Supreme Court recently denied review of Save Livermore Downtown v. City of Livermore, leaving in place the first published opinion affirming the authority of an affordable housing developer to require housing opponents to post a bond when suing to stop affordable housing.
Discretionary Denials under Fintiv Rebooted by Vidal’s Decision
The Director of the USPTO, Kathi Vidal, issued a decision this week raising the likelihood that the Patent Trials and Appeals Board (PTAB) will exercise its discretion to deny the institution of Inter Partes Review (IPR) challenges. Last June, Vidal issued guidance on the discretionary denial standard, which was widely interpreted to be the death knell for discretionary denials. The Director’s decision this week will undoubtedly change that view.
Court Affirms Housing Applicants' Ability to Be Vested Against Downzonings | JD Supra
O'Brien Land Company's more than a decade-long odyssey to build 315 zoning-compliant homes – chronicled in Conor Dougherty's book Golden Gates: Fighting for Housing in America – has become the stuff of housing law legend, responsible in large part for the birth of the current "Yes in My Backyard" (YIMBY) pro-housing movement. Now, the battle has also yielded an important new partially published California Court of Appeal opinion, Save Lafayette v.
California's 2023 Housing Laws: What You Need to Know | JD Supra
October 11, 2022 Kevin Ashe, Daniel Golub, Chelsea MacLean, Paloma Perez-McEvoy, William Sterling Holland & Knight LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Highlights The centerpiece of a significant 2022 legislative session is Assembly Bill (AB) 2011, which provides a ministerial, California Environmental Quality Act (CEQA)-exempt approval pathway for qualifying multifamily projects on commercial zoned land that pay...
California Legislature Creates Pathways for Residential Development on Commercially Zoned Land | JD Supra
The California Legislature passed Assembly Bill (AB) 2011 (Wicks), the Affordable Housing and High Road Jobs Act of 2022, and Senate Bill (SB) 6 (Caballero), the Middle Class Housing Act of 2022, on Aug. 29, 2022. Both pieces of legislation aim to meet the long-discussed goal of unlocking the potential for housing production on sites currently zoned and designated for commercial or retail uses. Unless vetoed by Gov.
California Courts Of Appeal Strengthen Density Bonus Law
Highlights California's Density Bonus Law gives housing developments with below market rate homes the right to additional density, to waivers of local standards that preclude development, to incentives that reduce affordable housing costs and to reduced parking requirements. The law also creates strong presumptions that housing applicants are entitled to the waivers and incentives they seek – but these provisions had not been interpreted in published case law until now. Schreiber v.
California Courts of Appeal Strengthen Density Bonus Law | JD Supra
Recent decisions from two court cases – Schreiber v. City of Los Angeles1 and Bankers Hill 150 v. City of San Diego2 – make California's Density Bonus Law a powerful tool not just for accessing increased density, but also for obtaining relief from zoning limitations that restrict feasible housing development. Housing and mixed-used development applicants should strongly consider the benefits of designing their developments to take maximum advantage of the Density Bonus Law.
California's 2022 Housing Laws: What You Need to Know | JD Supra
As in previous years, the California Legislature passed a large volume of laws related to housing in the 2021 legislative session. (See Holland & Knight's previous annual recaps of California Housing Laws in the final section below.) This Holland & Knight alert takes a closer look at the laws that the Legislature passed and that Gov.
SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects | JD Supra
California Senate Bill (SB) 10, which Gov. Gavin Newsom signed into law on Sept. 16, 2021, and will take effect on Jan. 1, 2022, provides that local agencies may adopt an ordinance to allow up to 10 dwelling units on any parcel, at a height specified in the ordinance, if the parcel is located within a transit-rich area or urban infill site. Pursuant to SB 10, adoption of such an ordinance would not be subject to the California Environmental Quality Act (CEQA).
Holland & Knight Wins Groundbreaking Case Affirming California's Housing Accountability Act
United States: Holland & Knight Wins Groundbreaking Case Affirming California's Housing Accountability Act 15 September 2021 by Daniel R. Golub and Jennifer Hernandez Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Highlights In California Renters Legal Advocacy and Education Fund v.
Holland & Knight Wins Groundbreaking Case Affirming California's Housing Accountability Act | JD Supra
Holland & Knight's West Coast Land Use and Environmental Group has won a groundbreaking housing law case on behalf of the California Renters Legal Advocacy and Education Fund (CaRLA). On Sept. 10, 2021, in California Renters Legal Advocacy and Education Fund v.
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