Scott Levin Gesundheit
Associate
Overview
Scott Levin Gesundheit is an attorney in Holland & Knight's San Francisco and Los Angeles offices and a member of the West Coast Land Use and Environmental Group. Mr. Gesundheit focuses his practice on land use entitlements, California housing law, the California Environmental Quality Act (CEQA) and environmental litigation, representing developers, property owners, institutional investors, lenders, public agencies and nonprofit organizations throughout California.
Mr. Gesundheit has developed particular depth in California's rapidly evolving housing laws, including the Housing Accountability Act (as amended by Assembly Bill (AB) 1633), Builder's Remedy (as modified by AB 1893), State Density Bonus Law, Housing Crisis Act (Senate Bill (SB) 330), Housing Element Law, Permit Streamlining Act and Subdivision Map Act.
In addition, Mr. Gesundheit has worked on matters related to California transit-oriented development housing streamlining (SB 79), lot-split and starter-home laws (SB 9, SB 684 and SB 1123), accessory dwelling unit (ADU) laws, affordable housing covenant laws (AB 721 and AB 911), parking reform laws (AB 2097), and the state's ministerial and CEQA-streamlined approval statutes, including SB 35/SB 423, AB 2162, AB 2011, AB 1449, AB 130, SB 131 and California's Homekey Program. He has deployed these laws on behalf of both market-rate and affordable housing developers to advance stalled projects, fostering collaboration with cities and the California Department of Housing and Community Development (HCD), structuring density bonus incentives and waivers, and advising on replacement housing and tenant relocation obligations. His housing practice often extends to coalition building and advocacy.
For most significant California projects, compliance with CEQA determines whether a project moves on schedule. Mr. Gesundheit advises clients on all aspects of CEQA compliance, including exemptions, streamlining mechanisms (including checklists under CEQA Guidelines Sections 15168 and 15183), environmental impact report (EIR) addenda, responses to comments and coordination with technical consultants on traffic, noise, air quality, greenhouse gas and other studies. He also has experience litigating CEQA and land use matters, including defending project approvals and challenging agency decisions.
Mr. Gesundheit counsels clients whose business models depend on land use and regulatory outcomes at scale. He has advised a national electric vehicle charging station and mobility company on entitlement strategy for facilities across the state, including questions of state law preemption. He also helped a leading technology platform develop regulatory strategy spanning hundreds of California jurisdictions, including proceedings before the California Coastal Commission. On the transactional side, he conducts entitlement and environmental due diligence for acquisitions, dispositions, ground leases and construction financing, negotiates and unwinds development agreements, and analyzes zoning, subdivision and vesting issues for properties across Northern and Southern California.
Mr. Gesundheit devotes his pro bono practice to housing. He has defended nonprofit supportive housing providers in court, advised an affordable homeownership nonprofit and contributed research on CEQA and housing production that has informed published scholarship and the statewide debate over housing reform.
Mr. Gesundheit holds an MBA alongside his law degree. While in law school, Mr. Gesundheit served as a student coordinator of the Housing Pro Bono Project in partnership with Community Legal Services in East Palo Alto. He also worked as a legal intern at Californians for Homeownership, a pro-housing nonprofit organization affiliated with the California Association of Realtors.
Before law school, Mr. Gesundheit worked as a deputy in land use planning for an elected official in the Los Angeles City Council, with experience across the city, including areas such as Hollywood, Silver Lake, Koreatown and North Hollywood. Additionally, he has experience in real estate development in the San Francisco Bay Area.
Representative Experience
- Represented the developer of a multifamily infill project on the San Francisco Peninsula in securing approvals under the State Density Bonus Law and Housing Accountability Act, drafting incentives, concessions and waivers, and building a coalition of pro-housing organizations in support of the project
- Represented a homebuilder in advancing multiple stalled residential projects in the East Bay, including drafting letters to the city identifying violations of state housing law and preparing requests for technical assistance from the California Department of Housing and Community Development (HCD)
- Represented nonprofit affordable and supportive housing developers throughout Northern and Central California in obtaining ministerial and streamlined approvals under Senate Bill (SB) 35/SB 423 and Assembly Bill (AB) 2162, including 100 percent affordable and supportive housing developments, with work on zoning and general plan diligence, California Environmental Quality Act (CEQA) exemption analysis, covenant and deed restriction issues, and advocacy before city officials and HCD
- Advised property owners and developers in Los Angeles County, Silicon Valley and the greater Bay Area on Builder's Remedy applications and vested rights under the Housing Crisis Act (SB 330)
- Advised the owner of a major master-planned redevelopment on the interplay between state replacement housing and tenant relocation requirements and federal low-income housing tax credit (LIHTC) rules
- Supported CEQA review and entitlements for a large commercial redevelopment in Orange County, helping guide the project through environmental review and the successful defense of a local appeal
- Drafted CEQA streamlining documents for the developer of a major Southern California master-planned community, including a consistency checklist prepared under CEQA Guidelines Section 15183
- Represented a Fortune 500 company in the negotiated wind-down of a development agreement for a corporate campus
- Conducted land use due diligence for a national bank in connection with construction financing for a luxury hotel and residential development in Los Angeles
- Prepared due diligence for the acquisition of a large commerce center in the Sacramento region, analyzing development agreement compliance, design standards, and biological and cultural resource assessments
- Conducted entitlement and ground lease due diligence for properties in a premier Silicon Valley research park
- Assisted in preparing appellate briefing in defense of the environmental impact report for one of the largest proposed master-planned communities in California
- Defended nonprofit affordable and supportive housing providers in litigation challenging their project approvals
- Advised a leading technology platform on statewide regulatory strategy, including researching local ordinances across more than 400 jurisdictions and tracking California Coastal Commission proceedings across more than 70 coastal jurisdictions
- Advised a national electric vehicle infrastructure and mobility company on entitlement strategy for charging facilities in San Francisco, Oakland and Los Angeles, including interpretations of state law preemption and local zoning
- Analyzed project labor agreements and state labor standards legislation for the developer of a proposed new California community
- Conducted empirical research on California Environmental Quality Act (CEQA) litigation and its effects on housing production in support of published scholarship, legislative advocacy and statewide media coverage
Credentials
- Stanford Graduate School of Business, MBA
- Stanford Law School, J.D.
- Harvard College, B.A.
- California
- The Best Lawyers in America guide, San Francisco and Use and Zoning Law Ones to Watch, 2027
- Rising Star, Northern California Super Lawyers magazine, 2026
- Phi Beta Kappa, Harvard University
- English
- Spanish