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A Tale of Three Cities (and one State)

California has struggled for nearly forty years to address the housing crisis, which the State Supreme Court recently described as reaching “epic proportions.” Since the late 1970s, the legislature has enacted increasingly strict laws designed in part to limit local discretion from the housing entitlement process, yet the crisis has only exacerbated. In his article, “A Tale of Three Cities (and one State),” Berliner Cohen Partner Andrew L. Faber takes a deeper look at three housing statutes—the Housing Element Law, the Housing Accountability Act, and the Density Bonus Law—and discusses these statutes in light of three lawsuits that Berliner Cohen has recently been involved in that were filed against cities in Santa Clara County for denying housing developments. The article also provides an overview of the major bills passed by the legislature at the end of the 2017 term that further whittle away local discretion to deny housing projects. For complete article, click here.



Andrew Faber practices in the areas of Land Use and Municipal Law. Andrew has over forty years of experience in representing private and public clients in a wide range of land use, environmental and public law matters, and in real estate, environmental and eminent domain litigation. If you have any questions, please contact Andrew Faber at or (408) 286-5800.


Berliner Cohen is one of the largest and oldest law firms in San Jose serving the business and regulatory needs of private business and public agencies.  Berliner Cohen also meets the growing demands of the Northern San Joaquin Valley with its expanding offices in Modesto and Merced.  For over 40 years, the Firm has developed the special expertise required by a diverse client base consisting of nationally recognized business interests and a number of Silicon Valley’s largest national and multinational corporations, new ventures, leading real estate developers and brokerages, cutting-edge technology companies, agribusiness, healthcare and other service providers, banking and financial institutions, employers, municipalities, public agencies, and individuals.