Practice Overview
Rutan & Tucker’s Affordable Housing and Economic Development Practice Group represents public and private clients in all aspects of affordable housing and economic development finance. Our clients benefit from the collective experience of our diverse team of lawyers.
We represent clients in negotiating and implementing the transactions that are common to redevelopment projects, such as Disposition and Development Agreements, Owner Participation Agreements, and project financing agreements that involve the use of tax increment funds, proceeds from multifamily housing revenue bond issuances, Section 42 tax credits, and other funding sources. Members of our practice group serve as general and special counsel to numerous redevelopment agencies throughout California, advising on the requirements of the California Community Redevelopment Law and relevant statutes, regulations, and cases, and representing our public agency clients in dealings with third party developers and property owners. Similarly, we represent private developers and property owners on economic development projects, including the acquisition and development of property within redevelopment project areas and the structuring of economic development incentive agreements with public agencies. We also represent lenders, non-profit agencies and private developers nationwide in connection with the structuring of senior and subordinate debt and equity investments for affordable housing projects.
We have a significant affordable housing practice and represent clients in connecting with a wide range of affordable housing matters, including the development of rental and ownership housing projects, density bonus issues, inclusionary housing, low income tax credit financing, compliance with state and federal housing requirements, and state and federal grant and loan programs such as CDBG, HOME, BEGIN, CHFA, CalHome, redevelopment housing funds, and in-lieu development fees.
Rutan & Tucker’s expertise also encompasses all the facets of administrative practice and litigation related to affordable housing and economic development matters. The areas of law in which we have served and continue to serve our clients include eminent domain, inverse condemnation, the California Environmental Quality Act, and other federal and state environmental and land use laws. We advise our clients on current developments in the law affecting redevelopment and affordable housing, such as California prevailing wage requirements and exemptions from paying such wages.
Areas of Specialization
- Redevelopment
- Owner Participation and Disposition and Development Agreements
- Inclusionary housing, density bonuses, and other regulatory requirements related to affordable housing
- State and federal prevailing wage laws
- State and federal housing programs, including HOME, CDBG, BEGIN, CHFA, CalHome, and redevelopment
- Adoption and amendment of redevelopment plans
- Replacement housing
- Relocation assistance and benefits
- Public agency property acquisition, including eminent domain
- Grant and loan agreements for housing projects
- Tax credit financing, including 4% and 9% transactions
- Public financing
- Mobile home transactions including regulatory compliance
- Legislation and legislative process
- California Environmental Quality Act (CEQA)
- Litigation pertaining to the foregoing