The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development, in consultation with each council of governments, where applicable, to determine the existing and projected need for housing for each region, as prescribed. Existing law requires, among other things, the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs at least 26 months prior to the scheduled revision of the housing element and before developing the existing and projected housing need for a region. This bill would require the department to meet and consult with the council of governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision, except for specified councils of governments. For the 8th and subsequent revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 486 to be operative only if this bill and SB 486 are enacted and this bill is enacted last.
Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, among other things, establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing and to provide housing assistance and home loans. Existing law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. Existing law requires the department, subject to certain conditions, to allow property owners subject to a regulatory agreement with the department to take out additional debt on the development in order to finance, with the department's approval, the rehabilitation of the property or investment in new affordable housing. Under existing law, one of those conditions is that any extracted equity is required to meet at least one of several conditions, as specified. Existing law defines "extracted equity" for these purposes to mean debt added to a department-regulated property that is not used in prescribed ways. This bill would, additionally, require the department to allow property owners to take out additional debt, as described above, if any extracted equity is utilized for reimbursement of borrower advances for predevelopment costs, unreimbursed capital improvements, and unreimbursed operating deficits. The bill would revise the definition of "extracted equity" to mean debt distributed funds that are financed with debt that is secured by a department-regulated property and is not used in prescribed ways.
Existing law provides that recorded covenants, conditions, restrictions, or private limits on the use of land contained in instruments affecting the transfer or sale of any interest in real property that, among other things, restrict the number, size, or location of the residences that may be built on the property, are not enforceable against the owner of an affordable housing development, as defined, if an approved restrictive covenant affordable housing modification document has been recorded in the public record, as provided. As part of this process, existing law requires the owner to submit to the county recorder a copy of the original restrictive covenant and any documents the owner believes necessary to establish that the property qualifies as an affordable housing development and requires the county counsel to determine, among other things, if the property qualifies as an affordable housing development and if a modification document may be recorded. Existing law provides that these provisions do not authorize any development that is not otherwise consistent with local general plans, zoning ordinances, and any applicable specific plan. This bill would extend those provisions to a housing development that is owned or controlled by an entity or individual that has submitted a development project application to redevelop an existing commercial property, and the development project includes residential uses permitted by state housing laws or local land use and zoning regulations and would make various conforming changes. The bill would additionally make these provisions applicable to covenants, conditions, restrictions, or private limits contained in a reciprocal easement agreement, as provided, and include instruments affecting the transfer or sale of any interest in real property that prohibits the number, size, or location of residences that may be built on the property or restricts or prohibits the residential uses of the property. The bill would further provide that these provisions do not authorize any development that is not otherwise consistent with state housing laws. By imposing additional duties on county officials, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires a county's or city's building department to enforce the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law pertaining to standards for buildings used for human habitation. Existing law requires a county or city, upon the applicant's request, to contract with or employ temporarily a private entity or person to check the plans and specifications submitted with an application for a residential building permit to comply with the State Housing Law or local ordinances adopted pursuant to the State Housing Law, when the building department takes more than 30 days, as specified, to complete the plan check. Existing law authorizes an enforcement agency to inspect any building to secure compliance with the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law. This bill would require the building department to conduct an inspection of the permitted work for specified new residential constructions of a building and residential additions to an existing building within 10 business days of receiving a notice of the completion of the permitted work authorized by a building permit issued for those projects. By imposing new duties on local agencies, the bill would impose a state-mandated local program. (2) Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. The act also requires, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, that the local agency base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that 2 specified conditions exist. Existing law defines the term "disapprove the housing development project" for these purposes to include any instance in which a local agency takes certain actions or fails to comply with certain requirements, including the failure to meet specified time limits relating to postentitlement phase permits. Existing law makes, among other things, a local agency's failure to meet those specified time limits relating to postentitlement phase permits a violation of the Housing Accountability Act. This bill would revise the definition of "disapprove the housing development project" under the Housing Accountability Act to include any instance in which a building department fails to inspect permitted work for specified new residential constructions of a building and residential additions to an existing building within 10 business days of receiving a notice of the completion of the permitted work authorized by a building permit issued for those projects, as described above. The bill would also make the failure of a building department to inspect permitted work for those projects within that time limit a violation of the Housing Accountability Act. By requiring local agencies to take certain actions, the bill would impose a state-mandated local program. This bill would correct cross-references in the Housing Accountability Act. (3) This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by SB 838 to be operative only if this bill and SB 838 are enacted and this bill is enacted last. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law relating to housing development approval requires a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. Existing law establishes time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant and consequences for a local agency that fails to meet that timeline, as provided. Existing law defines "postentitlement phase permit" to, among other things, include a range of permits issued by a local agency. This bill would require a state agency to comply with the above-described provisions relating to postentitlement phase permits applicable to a local agency. The bill would require a state agency to make the information list, as described above, and the above-described examples of a complete, approved application and a complete set of postentitlement phase permits available on the agency's internet website by January 1, 2026. The bill would deem a postentitlement phase permit approved, and all related reviews complete, if a state agency fails to meet the time limits for review of an application for that permit. The bill would revise the definition of "postentitlement phase permit" for purposes of these provisions to, among other things, include permits issued by a state agency and any postentitlement review by a state agency that is necessary to begin construction of a development that is intended to be at least 23 residential, excluding certain discretionary and ministerial permits and reviews and subject to specified exceptions, and would define the term "state agency" for these purposes. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law governs the obligations of tenants and landlords. Existing law authorizes a tenant to deduct the payment made to a public utility or publicly owned utility or a district from the rent, as specified. Existing law prohibits a lessor who has retaliated against a lessee for exercising the lessee's prescribed rights from recovering possession of a dwelling, causing the lessee to quit involuntarily, increasing the rent, or decreasing services within 180 days of the occurrence of specified events relating to tenability, if the lessee is not in default on their rent, as specified. Existing law presumes that the hiring of real property is renewed for a specified amount of time, under specified circumstances. For any residential tenancy commenced, renewed, or continuing on a month-to-month or other periodic basis, on or after January 1, 2026, this bill would require a landlord or their agent to allow the tenant to opt out of paying for any subscription from a third-party internet service provider for specified services in connection with the tenancy. If the landlord or their agent violates this provision, the bill would authorize the tenant to deduct the cost of the subscription from the rent. The bill would prohibit a landlord or their agent from retaliating against a tenant for exercising their rights pursuant to this bill and consistent with the above-described provision on retaliation, as provided.
Existing law, the Permit Streamlining Act, requires a public agency to determine whether an application for a development project is complete within specified time periods, as specified. The act requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Existing law, the California Emergency Services Act, among other things, authorizes the governing body of a city, county, or city and county to proclaim a local emergency under certain circumstances, as specified, and grants political subdivisions various powers and authorities in periods of local emergency. This bill would require a city, county, or city and county to approve or deny a complete application, within 10 business days of receipt of the application, for a building permit or an equivalent permit for any of the specified structures intended to be used by a person until the rebuilding or repair of an affected property is complete. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Governor to create an Interagency Council on Homelessness, consisting of specified members. Among other goals, existing law requires the council to serve as a facilitator and create partnerships among federal, state, and local governments, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness. Existing law also requires the council to make policy and procedural recommendations to legislators and other governmental entities. This bill would require the council to coordinate with representatives from LGBTQ+ communities to identify recommended policies and best practices for providing inclusive and culturally competent services to LGBTQ+ people experiencing homelessness and develop recommendations to, among other things, expand data collection to understand the needs and experiences of LGBTQ+ people in state homelessness programs, as defined. The bill would require the council, on or before July 1, 2027, to submit a report to specific committees of the Legislature on these recommendations.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed, and to report those designations to the Office of Land Use and Climate Innovation. Existing law specifies that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations. This bill would instead require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions, as specified. Beginning with the 7th housing element cycle, upon request by a small rural jurisdiction, to the extent feasible, the bill would require HCD to evaluate materials from the small rural jurisdiction's housing element submission when determining whether the jurisdiction qualifies as prohousing, but only with respect to those small rural jurisdictions that have a compliant housing element. The bill would also prohibit HCD from requiring small rural jurisdictions to renew their prohousing designation for at least 4 years. The bill would define "small rural jurisdiction" for these purposes to mean either a city with a population of fewer than 25,000 persons or a county with a population of fewer than 200,000 persons. This bill would incorporate additional changes to Section 65589.9 of the Government Code proposed by SB 262 to be operative only if this bill and SB 262 are enacted and this bill is enacted last.
(1) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries. Existing law requires the general plan to include, among other mandatory elements, a housing element, and requires the housing element to include, among other things, an inventory of land suitable and available for residential development. Existing law requires, for the 4th and subsequent revisions of the housing element, the department to determine the existing and projected need for housing for each region, as specified. Existing law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region at least 2 years prior to the scheduled revision of the housing element, as provided. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used to determine the region's housing needs at least 26 months prior to the scheduled revision of the housing element, as provided. This bill, except as specified, would extend the above-described timeline for the department to determine the existing and projected need of housing for each region from 2 years to 3 years prior to the scheduled revision of the housing element. The bill would require the department to meet and consult with the council of governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision, except for specified councils of governments. For the 8th and subsequent revisions of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision. (2) Existing law authorizes at least 2 or more cities and a county, or counties, at least 28 months prior to the scheduled housing element revision, to form a subregional entity to allocate the subregion's existing and projected housing need among its members. Existing law requires the council of governments to determine the share of regional housing need assigned to each delegate subregion at least 25 months prior to the scheduled revision. Existing law also requires the share allocated to the delegate subregion or subregions by a council of governments to be in a proportion consistent with the distribution of households assumed for the comparable time period of the applicable regional transportation plan. This bill would instead require the share allocated to the delegate subregion or subregions by a council of governments to be in a proportion consistent with the subregion's share of the current adopted final regional housing need allocation plan. (3) Existing law requires certain transportation planning agencies to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Existing law requires that each regional transportation plan include a sustainable communities strategy developed to achieve greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035 established by the State Air Resources Board. Existing law requires each council of governments, or delegate subregion as applicable, to consider certain factors in developing the methodology that allocates regional housing needs, including each member jurisdiction's existing and projected jobs and housing relationship. This bill would require each council of governments, or delegate subregion as applicable, to consider, in addition to the above-described factors, the development pattern set forth in the region's sustainable communities strategy of its regional transportation plan. (4) Existing law states the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, existing law requires the allocation plan to allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy. Existing law also requires the resolution approving the final housing need allocation plan to demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan, among other things. This bill would instead require the allocation plan to be informed by the development pattern included in the sustainable communities strategy. The bill would also require the resolution approving the final housing need allocation plan to demonstrate that the plan is, instead, informed by the sustainable communities strategy in the regional transportation plan, among other things. (5) This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 486 to be operative only if this bill and SB 486 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.03 of the Government Code proposed by AB 650 to be operative only if this bill and AB 650 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by SB 486 and AB 650, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. (6) By imposing additional requirements on a local entity, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
