Karen McCay

Partner
San Jose and Santa Monica Office Managing Partner
(she, her, hers)
Contact
P 408.918.2832 | F 408.286.5722
Spencer Fane attorney Karen McCay

Overview

Karen McCay’s practice focuses on the legal needs of the multi-family housing industry, with a particular emphasis on operational issues, regulatory compliance, and fair housing.

With more than 25 years of experience, much of Karen’s law practice is dedicated to preventative advice and compliance counseling for market-rate and affordable housing providers, although she remains strategically involved in her clients’ litigation as well. Karen’s clients include REITs, individual property owners, management companies, developers, large and small non-profits, and, previously, local housing authorities. She frequently conducts trainings in fair housing, preventing sexual harassment, disability accommodation and similar subjects for clients and industry organizations.

Karen has also worked with staff at the U.S. Department of Housing and Urban Development and the California Tax Credit Allocation Committee regarding issues relevant to the affordable housing industry and was instrumental in drafting the California Addendum to HUD Leases, which has been approved for use throughout California (and she is working on an update). She assists many of her affordable housing clients in navigating the uncertain waters of various federal, state, and local subsidy programs as well as her market-rate clients in administering their Below Market Rent Programs. As a result of her extensive industry experience, she is able to help advance the business goals of her clients within the increasingly regulated environment in which they operate.

Credentials

Education

  • American University, Washington College of Law, 1995 (J.D.), magna cum laude
  • University of Florida, 1991 (B.S.B.A.), with honors

Bar Admissions

  • California
  • Florida

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Middle District of Florida

  • Housing Industry Foundation, Board of Directors, 2003-2017
  • San Jose Silicon Valley Chamber of Commerce, Board of Directors, 2007-2012
  • AHMA-NCH, Board of Directors, 2009-2011
  • Girl Scouts of Northern California, 2012-2024
  • Church of the Valley Retirement Homes, Inc., Board of Directors, 2010-2014
  • Junior League of San Jose, Inc., 1997-2005 (active), 2005-present (sustaining)

  • The Recorder and Law.com, Finalist California Real Estate Lawyer of the Year, 2024

  • Junior League of San Jose, Sustainer of the Year, 2015
  • San Jose Silicon Valley Business Journal, Woman of Influence, 2011
  • AHMA-NCNH, Associate Member of the Year, 2009
  • American University Law Review, Articles Editor, 1993-1995

  • California Bar Association
    • Law Practice Management Section
    • Real Property Law Section, Fair Housing and Public Accommodations Subsection
  • Florida Bar Association, Out of State Practitioners Division
  • National Apartment Association
    • Fair Housing Compliance Credentialed
  • California Apartment Association
  • St. Louis Apartment Association

  • Presenter, “Property Management Roundtable,” GlobeSt. Multifamily Fall Conference, October 2024
  • Presenter, “Legal Hot Topics,” AHMA-NCH Annual Conference, 2011-2024
  • Presenter, “Animals: Service vs. Support,” AHMA-PSW 47th Annual California Conference & Expo, May 21, 2024
  • Panelist, “Renter’s Bill of Rights,” National Apartment Association Rental Housing Advocacy and Legal Summit, August 2, 2023
  • Panelist, “I’m Not an Attorney, but I Play One on Facebook,” National Apartment Association Apartmentalize, June 24, 2022
  • Author, “Legal and Practical Considerations for Lotteries, Waiting Lists,” Novogradac Journal of Tax Credits, March 2019
  • Contributor, “California Fair Housing and Public Accommodations Practice Guide,” The Rutter Group
  • Presenter, “California Legislative & Business Update,” AHMA-PSW, 41st Annual Seminar & Tradeshow, May 2018
  • Presenter, “Fair Housing Hot Topics,” California Apartment Association Rental Housing Conference & Expo, April 5, 2016
  • Panelist, “Legal and Practical Considerations for Providing Preferences to House the Homeless,” City of San Jose Supportive Housing Roundtable, January 26, 2016
  • Presenter, “Legal Issues Seminar,” LeadingAge CA, 2015 Senior Housing Conference, October 14, 2015
  • Presenter, “Legal Tips & Tricks for Property Managers,” LeadingAge CA, 2015 Annual Conference & Exposition, May 5, 2015
  • Presenter, “Fair Housing and You,” California Apartment Association, Rental Housing Conference & Expo, April 8, 2015
  • Presenter, “Avoiding Fair Housing Pitfalls,” Malibu Association of Realtors, October 28, 2014
  • Presenter, “Legal Issues and Trends in the Rental Housing Industry,” Southern California CAA Connect Rental Housing Conference & Expo, August 27, 2014
  • Presenter, “Preventing Housing Discrimination: A Practical Course of Dos and Don’ts,” CSH, May 21, 2014
  • Presenter, “Accommodating the Disabled,” Northern California CAA, Connect Rental Housing Conference & Expo, April 9, 2014
  • And many more