Court Tosses Most Claims in SF YIMBY's Lawsuit Over 469 Stevenson
West Coast Land Use and Environment attorney Daniel Golub was quoted in a San Francisco Business Times article about a recent ruling that has implications for the interplay between California's Housing Accountability Act (HAA) and the California Environmental Quality Act (CEQA). SF YIMBY, a pro-housing nonprofit, sued the county of San Francisco and its Board of Supervisors, alleging the board violated multiple laws by using CEQA to "effectively deny" a proposed apartment complex at 469 Stevenson St. However, the San Francisco Superior Court judge presiding over the case dismissed all but one of the allegations. Among the judge's findings were that the HAA, which requires local governments to approve housing projects that comply with local zoning regulations as long as they do not threaten health or human safety, could not apply to the project until it completed adequate environmental review under CEQA. Mr. Golub commented on how the decision could affect the use of HAA moving forward.
"If you're going to give the HAA any force and effect at all, it cannot be rendered ineffective just by saying the word 'CEQA,'" he said.
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