The Week in Land Law - SB 9 & SB 10 pass on the Assembly Floor, and the US Supreme Court ends the CDC eviction moratorium
Big news this week. SB 10 passed on the Assembly Floor August 23, and SB 9 passed on the Assembly Floor on August 26. Both SB 9 and SB 10 need a final vote in the Senate, at which point the Governor has a month to decide whether to sign or veto the bills. Also on August 26, the United States Supreme Court ended the CDC eviction moratorium.
Legislation
SB9: In a nutshell, it ends single family zoning throughout California. Each single family home can be replaced with four separate units. It requires ministerial (over-the-counter) approvals for development and lot splits, and eliminates most of the setback, parking, CEQA, and community input typically required for residential development. I’ve written about it here here and here. It needs Senate concurrence and then will move on to the Governor’s desk for approval or veto.
SB10: This bill authorizes a city or county to pass an ordinance that is not subject to the California Environmental Quality Act (CEQA) to zone any parcel for up to ten units of residential density if the parcel is located in a transit-rich area or an urban infill site. It allows city councils and boards of supervisors to override voter-adopted initiative measures in exchange for higher-density housing. See more here and here.
Case Law
Alabama Association of Realtors v. Department of Health and Human Services, 594 U. S. ____ (2021).
The United States Supreme Court ended the CDC’s eviction moratorium by lifting the stay of enforcement against the District Court’s judgment, stating:
“The moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery. Despite the CDC’s determination that landlords should bear a significant financial cost of the pandemic, many landlords have modest means. And preventing them from evicting tenants who breach their leases intrudes on one of the most fundamental elements of property ownership—the right to exclude.
…
If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted.”
