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California enacts sweeping exemption to development-killing environmental law

ohog5 by ohog5
July 1, 2025
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California enacts sweeping exemption to development-killing environmental law
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Completely happy Tuesday, and welcome to the most recent version of Lease Free. This week’s publication contains tales on:

  • The triumphant, albeit technical, return of lacking center housing in Arlington, Virginia
  • New York’s Lease Pointers Board permits a 3 % hire enhance.
  • It is not simply Zohran Mamdani. In New York, everybody’s a socialist on housing.

However first, this week’s lead story is on California’s newest effort to reform its development-killing environmental evaluate regulation.


On Monday night time, Gov. Gavin Newsom signed into regulation funds laws that exempts city housing initiatives from the California Environmental High quality Act (CEQA), the state environmental evaluate regulation that has turn out to be infamous for delaying new growth.

Beneath Assembly Bill 130, housing initiatives of fewer than 20 acres situated in included communities and unincorporated city areas will usually not should conduct environmental evaluations required by the CEQA.

You’re studying Lease Free from Christian Britschgi and Cause. Get extra of Christian’s city regulation, growth, and zoning protection.

This wonky-sounding reform may quantity to a serious liberalization of housing building, given simply how burdensome CEQA’s procedural necessities may be.

“This is without doubt one of the largest wins for housing in a era,” mentioned Brian Hanlon, CEO of California YIMBY, which sponsored a few of the CEQA reforms that have been rolled into the funds in an emailed assertion.

At a press convention, Newsom hailed the housing provisions of the state funds as a win for the “abundance mindset” and a triumph of the YIMBY (“sure in my yard”) motion devoted to increasing housing manufacturing within the ultra-expensive Golden State.

“To the NIMBY motion that is now being changed by the YIMBY motion, go YIMBYs. Thanks on your considerable mindset.”

Newsom on signing infill housing payments tonight. pic.twitter.com/OJjihgT3RV

— Paul E Williams (@PEWilliams_) July 1, 2025

CEQA-mandated evaluations can run lots of of pages, even for one thing so simple as an condo constructing or new subdivision, and take years to finish.

On condition that CEQA permits third events to sue over allegedly inadequate environmental evaluations, initiatives may be delayed much more by prolonged litigation.

A 2022 study from the regulation agency Holland and Knight discovered that initiatives totaling half of California’s annual housing manufacturing have been topic to CEQA litigation in 2020.

As a result of CEQA lawsuits are an efficient device for extracting concessions from builders, California’s curiosity teams, from labor unions to environmental teams, have been loath to help any weakening of the regulation.

Reforms to CEQA in recent times have thus tended to eat across the edges of the regulation, or in any other case been caveated with necessities that any CEQA exemptions be paired with union wage mandates and, within the case of housing initiatives, inexpensive housing mandates.

A.B. 130, in distinction, seems to be a reasonably clear reform and principally free from the standard poison capsules.

Initiatives will not want to incorporate income-restricted inexpensive models with a view to qualify for A.B. 130’s CEQA exemption. Union wage necessities will solely apply to initiatives taller than 85 ft, one hundred pc inexpensive initiatives, or initiatives of over 50 models in San Francisco.

City infill initiatives are outlined broadly to be housing initiatives in included areas and unincorporated city lands. (Some coastal lands, historic websites, and environmentally delicate areas like wetlands and fireplace zones are excluded from the exemption.)

Critics name CEQA the “law that swallowed California.” Maybe the state is lastly escaping its jaws.


In a slender, technical ruling final week, a three-judge panel of the Virginia Courtroom of Appeals reinstated Arlington County’s missing middle reforms by voiding a decrease court docket determination that had blocked them.

These reforms, formally the Expanded Housing Possibility (EHO), had permitted property homeowners within the northern Virginia neighborhood to build at least four, and in some instances six, properties on previously single-family-only zoned heaps.

Arlington neighborhood activists had fought the reforms tooth and nail all through the yearslong course of that led to the EHO passage in 2023. Owners instantly sued as soon as they have been handed.

In September 2024, a lower court judge struck down the EHO, saying that the county board had failed to think about all of the localized impacts of recent housing growth in low-density neighborhoods.

As The Washington Submit reports, the Virginia enchantment court docket mentioned that the plaintiffs “failed to hitch indispensable events to the litigation” by excluding builders who have been constructing EHO-enabled initiatives.

Per the Submit, the plaintiffs can enchantment the ruling to the Virginia Supreme Courtroom or search a brand new trial on the circuit court docket degree.

Within the meantime, the county says it should work to reinstate the EHO coverage, permitting builders to as soon as once more apply for center housing permits.

Whether or not they are going to is an enormous if, given the still-active lawsuit. Builders have little assurance that their permits will not simply be invalidated once more.


New York Metropolis’s Lease Pointers Board voted on Monday to permit hire will increase of three % on one-year leases and 4.5 % on two-year leases on the metropolis’s roughly a million rent-stabilized condo models.

The will increase are nearer the higher finish of the proposed will increase that the board had floated earlier within the yr. They’re definitely above the hire freeze that quite a few mayoral candidates, together with Democratic nominee Zohran Mamdani, have referred to as for.

However, property homeowners complain that this yr’s enhance is as soon as once more under inflation, amounting to an actual hire lower. Lease stabilized buildings will proceed to wrestle financially and fail to cowl rising working and upkeep prices, they are saying.

“Whereas we’re disenchanted that the [board] as soon as once more adjusted rents under inflation, we admire that they stood as much as political stress calling for hire freezes that may speed up the monetary and bodily deterioration of hundreds of older rent-stabilized buildings,” mentioned New York House Affiliation CEO Kenny Burgos in an emailed assertion.


New York Assemblyman Zohran Mamdani’s upset win within the New York Metropolis Democratic mayoral main has produced shock and/or awe that the nation’s largest metropolis would possibly really elect a self-described socialist as its chief government.

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Whereas his main victory is hardly a optimistic growth for individuals who like free minds and free markets, it is onerous to get too exercised in regards to the socialist specter of his housing insurance policies. As I wrote final week, everyone in New York City politics is already a socialist on housing, even when they do not proudly tout the label.

Mamdani’s headline coverage, promoted in plenty of upbeat marketing campaign movies, is to freeze rents on the town’s roughly a million rent-stabilized residences.

That may sound radical. Nevertheless it wasn’t that way back that the town’s Lease Pointers Board, underneath former Mayor Invoice De Blasio, pushed by a hire freeze on rent-stabilized residences. Present Mayor Eric Adams supported that freeze.

In the meantime, former Gov. Andrew Cuomo, who Mamdani bested within the main, was the governor who signed into regulation the 2019 Housing Stability and Tenant Safety Act, which closed off a number of different avenues by which landlords have been in a position to elevate rents exterior of the Lease Pointers Board course of.

Landlords have argued in quite a few court docket challenges that the 2019 regulation successfully already socialized their properties by severely limiting their potential to resolve who they hire to or whether or not they need to maintain their properties on the rental market in any respect.

The 2019 regulation system tanked the values of rent-stabilized properties and is pushing an growing variety of them into foreclosures. Years of board-allowed hire will increase within the low single digits have additional eroded the monetary place of landlords.

Cuomo and Adams each opposed a hire freeze in the course of the marketing campaign. However neither is basically difficult the post-2019 system. Adams has even criticized the upper-end board-proposed allowable hire hikes (which property homeowners say are woefully inadequate) as too excessive.

A hire freeze aggravates constructing homeowners’ issues, nevertheless it does not basically change the trajectory that New York rent-stabilized actual property is on.

It will be an odd political taxonomy certainly to say {that a} zero % allowed hire enhance is radical socialism however a 2 % allowed enhance is wise, centrist policymaking.


  • The brand new coalition authorities of Germany voted to extend the nation’s rent-control regulation by 2029. The regulation limits landlords from charging over 10 % above common rental costs in areas decided to have a “strained housing market,” studies English-language The Munich Eye.
  • Sen. Mike Lee (R–Utah) has withdrawn his provision of the funds invoice that may have required the federal authorities to unload a small quantity of its Western land holdings. You’ll be able to learn my analysis of his bill right here.

pic.twitter.com/bFgfp4nclb

— Mike Lee (@SenMikeLee) June 29, 2025

  • Talking of, the American Enterprise Institute’s Housing Middle has produced a useful new interactive map displaying the place Lee’s invoice may produce new housing.

New @AEI map: Beneath @SenMikeLee‘s proposal, growing simply 0.05% of BLM land —180 sq mi, excluding ALL protected areas— may yield ~1M properties over 10 years.
This might considerably cut back the ~2.8M-home scarcity within the Western U.S. whereas returning ~$15B to the Treasury.
Map⬇️ pic.twitter.com/KexXVKh2Mg

— Tobias Peter (@TobiasPeterAEI) June 27, 2025

  • Harvard’s Joint Middle for Housing Research has launched its latest annual “State of the Nation’s Housing” report. One spotlight I seen:

From the brand new JCHS report: https://t.co/wB6qjvg0AA

— Christian Britschgi (@christianbrits) June 24, 2025





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