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Published on: August 8, 2024

JMBM’s Housing Strategy and Litigation Group Successfully Defends ED-1 Affordable Housing Project

by Jeffer Mangels Butler & Mitchell LLP

Jeffer Mangels Butler & Mitchell LLP’s (JMBM) Housing Strategy and Litigation Group recently achieved a notable victory for an affordable housing project in West Los Angeles. This development, comprising 43 rental units and one manager’s unit, is a 100-percent affordable residential project.

The City of Los Angeles’ Department of City Planning approved the project on December 12, 2023, and issued a Letter of Compliance confirming its qualification for ministerial processing under the City’s Executive Directive-1 program (“ED-1”).

However, on December 27, 2023, an appeal was filed by the “Missouri Avenue Neighbors” (“Neighbors”), challenging the project’s statutory exemption from the California Environmental Quality Act (“CEQA”). This appeal also resulted in a temporary stay on the project’s building permits.

In response, JMBM partner Daniel Freedman, representing the applicant, strongly objected to the City’s processing of the appeal on multiple grounds and demanded the removal of the permit stay. On March 3, 2024, the Department dismissed the appeal without a hearing, lifting the stay on the project’s permits. Subsequently, Neighbors filed a lawsuit challenging the City’s decision. On July 9, 2024, Neighbors dismissed the lawsuit entirely, allowing the project to proceed with construction.

This recent success underscores JMBM’s exceptional track record in representing and defending housing projects, including a growing portfolio of 100-percent affordable projects throughout the city. JMBM’s unique legal expertise and strategic approach continue to deliver efficient resolutions to complex challenges, further solidifying our reputation for excellence.

Daniel F. Freedman is a land use and environmental attorney who has more than a decade of experience assisting and advising on residential, industrial, commercial and mixed-use developments, and his practice emphasizes municipal and land use law. He represents clients on related civil litigation matters in both state and federal courts, and is an experienced lobbyist on local, state, and federal matters. Contact Daniel at DFreedman@jmbm.comor 310.785.5391.

Benjamin M. Reznik

Ben Reznik is the founder and chair of the Government, Land Use, Environment and Energy Department at Jeffer Mangels Butler & Mitchell LLP. Ben's practice emphasizes real estate development entitlements, zoning and environmental issues. He appears regularly before planning commissions, city councils and other governmental boards and agencies, as well as the courts. Ben and his work have been featured in the Los Angeles Times and the Los Angeles Business Journal, and he has been included in the Los Angeles Daily Journal as one of California's "Top 100" lawyers. Ben leads a group of distinguished attorneys whose work has resulted in JMBM's inclusion in the U.S. News & World Report / Best Lawyers® list of Best Law Firms (2011, 2012, 2014, 2015) with a National First-Tier Ranking and a Metropolitan First-Tier Ranking (Los Angeles) in the area of Land Use and Zoning Law. Contact Ben at BMR@jmbm.com or 310.201.3572.

Kerry Shapiro

Kerry Shapiro has a comprehensive government, land use, environmental, and natural resources practice, with extensive experience working with NEPA, CEQA, the Endangered Species Acts, the Mining Law of 1872, FLPMA, the Mineral Materials Act, SMARA, and the Clean Water Act, in relation to various entitlements and public land matters and related litigation, at federal, state, and local levels. Kerry has also specialized in representing the construction and building materials industry on mineral extraction and land development projects for over 20 years, and has secured entitlements for the largest federally-approved sand and gravel project in the United States, obtained the first-ever vested rights confirmation from the State of California for the largest construction aggregate deposit in California, and successfully represented clients before the Ninth Circuit Court of Appeals on federal endangered species and mining law matters. Contact Kerry at KShapiro@jmbm.com or 415.398.8080.

Sheri Bonstelle

sherriBonstelle

Sheri Bonstelle's practice focuses on land use, zoning, environmental, litigation and construction matters. She manages all aspects of the entitlement process, including representing clients before local and state agencies, commissions and councils. She coordinates environmental review under the California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) and obtains permits and approvals necessary under the Clean Water Act, Clean Air Act, Endangered Species Act, California Coastal Act, and historic preservation laws. She also negotiates participation and development agreements with the Community Redevelopment Agency, and obtains approval of adaptive reuse projects in historic buildings in Los Angeles. She coordinates land use and environmental diligence review for large multi-property portfolio sales and represents signage companies and building owners with respect to preserving signage rights in Los Angeles. Sheri is a licensed architect in the State of New York. Contact Sheri at SBonstelle@jmbm.com or 310.712.6847.

Neill Brower

Neill Brower represents JMBM's clients in environmental and land use issues, including permitting and regulatory compliance under CEQA, NEPA, CERCLA, RCRA, the Clean Water Act, and the California Fish and Game Code. Prior to his legal career, Neill worked for 10 years managing and preparing a variety of environmental and urban planning documents, including environmental impact reports and statements, archaeological and historic resources technical studies, and natural resources permit applications. He also provided peer review of planning and technical documents. During this time, Neill worked extensively with local and state agencies as clients and as regulators. Contact Neill at NBrower@jmbm.com or 310.712.6833.

Matthew Hinks

Matthew Hinks is a litigator with a wide-ranging practice that focuses primarily on the representation of real estate developers in difficult land use cases. Matt has extensive experience litigating complex mandamus actions and other claims involving signage disputes, governmental takings, CEQA challenges, planning and zoning law, civil rights violations, eminent domain issues, title disputes, lease disputes and community redevelopment and density bonus law. He has extensive experience in both federal and state courts, including trial courts and courts of appeal, as well as in arbitration, mediation and administrative settings. Contact Matt at MHinks@jmbm.com or 310.201.3558.