[EL] Ban on contributions by developers

[Flavio Komuves]

In NJ, we have a number of municipalities that have adopted P2P ordinances for redevelopers (as distinct from developers).  Often, redevelopment (as distinct from development) is associated with the granting of property tax exemptions and other financial benefits.  Although dated, this is an article giving an overview of them:

https://www.nj.com/news/index.ssf/2010/11/newark_council_members_conside.html

Here is a more recent one:  https://ecode360.com/15244976

I am unaware of any successful challenges to these ordinances.


From: Fredric Woocher [mailto:fwoocher at strumwooch.com]
Sent: Thursday, January 17, 2019 3:17 PM
To: ben.sheffner at gmail.com; law-election at UCI.edu
Subject: Re: [EL] Ban on contributions by developers

So, the case I was thinking about is Harwin v. Goleta Water District (9th Cir. 1991) 953 F.2d 488, and it’s a bit different than I had remembered it (naturally).  The ordinance at issue there required a board member to disqualify herself from considering a water service application if she had received a $250 campaign contribution from the applicant.  It did not ban the contribution itself.

Fredric D. Woocher
Strumwasser & Woocher LLP
10940 Wilshire Blvd., Ste. 2000
Los Angeles, CA 90024
fwoocher at strumwooch.com<mailto:fwoocher at strumwooch.com>
(310) 576-1233
From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of ben.sheffner at gmail.com<mailto:ben.sheffner at gmail.com>
Sent: Thursday, January 17, 2019 10:46 AM
To: law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: [EL] Ban on contributions by developers

The Los Angeles City Council is considering imposing a ban on contributions to candidates for city office by real estate developers. Is anyone aware of similar regulations, and challenges to them?

Here's a description of the proposal from the LA Times:

https://www.latimes.com/local/lanow/la-me-ln-developer-donations-20190115-story.html

Under the proposal, real estate developers would be barred from giving to city candidates and officeholders once they have turned in an application that requires city approval or other action, provided that the request involves building or adding more than 4,000 square feet of floor area for residential projects or 15,000 square feet for commercial projects.

The donation ban would last until a year after a final decision is made on the application, the proposal said. The restrictions would apply to the owner of the property being developed, including principals of any legal entity that owns the property.

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