Housing

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development, including specified sites, an analysis of the relationship of zoning and public facilities and services to these sites (first analysis) , and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction's duty to affirmatively further fair housing (2nd analysis) . This bill would remove the requirement on cities and counties to include the 2nd analysis in their housing elements. (2) Existing law requires a housing element to include a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through specified actions. Existing law requires this program to, among other things, identify actions that will be taken to make sites available, as provided, to accommodate that portion of the city's or county's share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory of sites without rezoning, and to comply with the certain zoning and rezoning requirements. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone those sites within specified time periods and requires the local government housing element program to identify sites that can be developed for housing within the planning period, as specified. Existing law also requires this program to affirmatively further fair housing and include an assessment that consists of specified components, including an analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. Under the above-described program, existing law requires the Department of Housing and Community Development to develop a standardized reporting format for certain programs and actions taken, and requires the standardized reporting format to enable the reporting of all of the assessment components and certain fields, including timelines for implementation. This bill would additionally require the above-described program to identify actions that will be taken to make sites available to ensure that the distribution of sites across the jurisdiction affirmatively furthers fair housing. The bill would require those sites, after any required rezoning and among other things, to be distributed throughout the jurisdiction in a manner that affirmatively furthers fair housing, as specified. The bill would additionally require the local government to rezone the sites within specified time periods, as described above, and identify sites that can be developed for housing within the planning period, as described above, if the inventory of sites does not affirmatively further fair housing, as specified. For those additionally identified sites, the bill would require the jurisdiction to demonstrate that those sites will affirmatively further fair housing, as provided. By imposing additional duties on local entities, this bill would impose a state-mandated local program. This bill would revise and recast the requirement that the program affirmatively further fair housing. The bill would require that program to include an assessment of fair housing that includes, among other things, an analysis of available federal, state, and local data and knowledge to identify and examine certain patterns, trends, areas, disparities, and needs, as specified. The bill would also require each city or county to make the draft assessment publicly available and solicit public comments for a period of at least 90 days. The bill would require the city or county to include, among other things, in its first draft revision of the housing element, the assessment, including any revisions made in response to the public comments, and specified strategies and actions to implement the jurisdiction's fair housing priorities and goals. By imposing additional duties on local entities, this bill would impose a state-mandated local program. This bill would instead require the department to develop a standardized format for describing those strategies and actions to be taken, and would require the standardized reporting format to address all of the assessment components and, in addition to the above-described certain fields, a field for which fair housing priority the program is intended to address, the intended impacts, and how the strategies and actions will result in those impacts. (3) Existing law authorizes the Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance, to allow a city or county to identify adequate sites by a variety of methods, including, among others, redesignation of property to a more intense land use category. Existing law also authorizes the department to allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. This bill would revise the department's authorization to allow a city or county to identify sites for accessory dwelling units in each income category based on the number of accessory dwelling units developed in the prior housing element planning period in that income category whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. The bill would also require the jurisdiction to provide proof of a recorded deed restriction requiring the continued affordability of the unit, as specified, for accessory dwelling units developed in the prior housing element period to count towards determining the number of sites for accessory dwelling units a jurisdiction can include in the lower income category. (4) Existing law requires a city's or county's inventory of land suitable for residential development to be used to identify sites throughout the community, consistent with certain fair housing requirements, that can be developed for housing within the planning period, and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels. This bill would instead require that a city's or county's inventory of land suitable for residential development be used to identify sites that can be developed for housing within the planning period, that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels, and that are distributed throughout the community in compliance with the requirement that the distribution affirmatively furthers fair housing, as specified. By imposing additional duties on local entities, this bill would impose a state-mandated local program. (5) Existing law requires a city or county to determine whether each site in its inventory of suitable land, as described above, can accommodate the development of some portion of its share of the regional housing need by income level during the planning period. Existing law also requires the inventory to, among other things, specify for each site the number of units that can realistically be accommodated on that site. This bill would additionally require those sites identified as described above to be distributed throughout the jurisdiction in a manner that affirmatively furthers fair housing by allowing for a reduction in residential segregation, based on a specified determination procedure. By imposing additional duties on local entities, this bill would impose a state-mandated local program. This bill would require the department, by no later than April 1, 2027, to develop and publish an online tool to serve as the method for determining whether each city's or county's identification of sites adequate to accommodate its share of the regional housing need at all income levels meets the distribution requirement described above. The bill would authorize the department to grant an adjustment to the distribution requirement described above if underlying data for the jurisdiction renders the tool unreliable. The bill would require the department to include in its materials explaining the online tool a procedure for applying for an adjustment and the factors that the department will consider in determining whether or not to grant an adjustment. 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 authorizes the legislative body of a city or county to designate a proposed enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community, including, among other things, the acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income for rent or purchase, as specified. Existing law authorizes an infrastructure financing plan to contain a provision for the division of taxes levied upon taxable property in the area included within the district and authorizes the public financing authority of the district to issue bonds, as provided. This bill would establish the Workforce Housing Enhanced Infrastructure Financing Act, which would authorize a city or county to establish a workforce housing enhanced infrastructure financing district (district) if certain requirements are met, including the adoption of an infrastructure financing plan as specified. The bill would prescribe requirements applicable to those districts. Among these requirements, the bill would prescribe requirements for the construction of residential housing that meets specified occupancy and affordability criteria. The bill would provide definitions for its provisions. The bill would authorize the governing board to issue bonds, subject to approval by 23 of the voters voting on the proposition. The bill would prescribe requirements for the issuance of the bond pursuant to its provisions. The bill would further require a district, which finances affordable housing units through the bond, to maintain the housing units at affordable housing costs through a recorded covenant or restriction, as specified. By adding to the duties of local elections officials with respect to administering the above-described provisions, 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, 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.

Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law establishes, until January 1, 2027, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project against a public entity, as specified. For purposes of these provisions, existing law defines "public entity" to include, among others, a city, including a charter city, and county, including a charter county. Existing law imposes various requirements on a public entity in relating to the claim resolution process, including, among other things, conducting a reasonable review of the claim and, within 45 days, providing the claimant a written statement identifying the disputed and undisputed portions of the claim. This bill would repeal the above-described January 1, 2027, repeal date, thereby extending the operation of these provisions indefinitely. By indefinitely extending the duties of local agencies in relation to the above-specified claim resolution process, 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, 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.

Existing law requires that a housing development project, as defined, within a specified distance of a transit-oriented development stop, as defined, be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with certain, applicable requirements, as provided. Among these requirements, existing law prohibits a proposed development under these provisions from being located on sites where the development would require demolition of housing, or that was previously used for housing, that is subject to rent or price controls, as provided. This bill would additionally prohibit the development from being located on an existing parcel of land or site governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would urge the Governor, relevant state agencies, and all local governments to adopt an urgent and coordinated approach to end and prevent unsheltered homelessness statewide, as specified.

Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. Existing law, the Veterans and Affordable Housing Bond Act of 2018, authorized, the issuance of bonds in the amount of $4,000,000,000 to finance various existing housing programs, as well as infill infrastructure financing and affordable housing matching grant programs, as well as financing for a specified program for farm, home, and mobilehome purchase assistance for veterans, pursuant to the State General Obligation Bond Law. This bill would enact the Veterans and Affordable Housing Bond Act of 2026, which, if adopted, would authorize the issuance of bonds in the amount of $11,250,000,000, pursuant to the State General Obligation Bond Law. Of the proceeds from the sale of these bonds, $10,000,000,000 would be used to finance programs to fund affordable rental housing and home ownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program, and $1,250,000,000 would be used to provide additional funding for the above-described program for farm, home, and mobilehome purchase assistance for veterans, as provided. This bill would provide for submission of the bond act to the voters at the November 3, 2026, statewide general election, in accordance with specified law. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Documentary Transfer Tax Act, authorizes the imposition of a tax by a county or city and county, as provided, with respect to specified instruments that transfer specified interests in real property. This bill would, beginning January 1, 2027, prohibit a local jurisdiction, defined to include a city, including a charter city, county, or city and county, from collecting a transfer tax, as defined, levied on the sale or transfer of a real property interest conveyed if the combined transfer tax rate levied by the local jurisdiction exceeds 1.5% of the consideration paid for or value of the real property interest conveyed, except as otherwise provided. The bill would also prohibit a local jurisdiction from levying a transfer tax on the first sale of single-family housing property occurring within 5 years of one or more housing units on the real property being destroyed or made uninhabitable by a natural disaster, as defined. By imposing new duties upon local officials with respect to transfer taxes, 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, 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.

(1) Existing state and federal law provides for the enforcement of laws related to elections. This bill would prohibit a peace officer from interfering with the administration of an election, as specified. This bill would authorize certain persons to enforce those prohibitions by filing a civil action, as specified. This bill would also prohibit any individual from permitting an agent of a law enforcement agency, as specified, to access, disrupt, modify, or take possession of rosters, combined rosters, or voter lists unless authorized by a court order or to investigate certain types of voting fraud. The bill would additionally require the Attorney General to provide guidance and information regarding how to respond to requests by law enforcement, as defined, to access areas where ballots are present. (2) Existing law requires an elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voter's prior signatures, and it also provides a mechanism by which a voter can verify their signature and cure this defect. Existing law provides that the processing of vote by mail ballots is open to the public and permits specified persons and organizations to observe this processing. This bill would prohibit a vote by mail observer from challenging a signature on a vote by mail ballot that has been verified by the voter. (3) Under existing law, it is a crime for a person in possession of a firearm, a uniformed peace officer, private guard, or security personnel, or any person wearing the uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without authorization from the appropriate elections official. It is also a crime for a person to hire or arrange for such a person to be stationed in the immediate vicinity of, or posted at, a polling place without authorization from the elections official. This bill would authorize the Secretary of State or Attorney General to object to authorization provided by the appropriate elections official, in which case the person stationed or posted at the polling place, or the person who hired or arranged for such a person to be stationed or posted at the polling place, is guilty of a crime. By expanding the scope of these crimes, the bill would create a state-mandated local program. (4) Existing law authorizes the Secretary of State, Attorney General, and any local elections official in the county in which the act occurs, to bring a civil action against an individual, business, or other legal entity that commits any specified act of tampering with a voting system or voting equipment before, during, or after an election. This bill would additionally authorize the Secretary of State, Attorney General, and the appropriate local elections official to bring a civil action against a person, business, or entity that takes a package containing ballots from the custody of an elections official. (5) Existing law makes it a crime for an individual to undertake a number of enumerated actions that would result in interference with an election, including displaying a container for the purpose of collecting ballots with the intent to deceive a voter into casting a ballot in an unofficial ballot box. This bill would also make it a crime to take a package containing voted ballots out of the custody of an elections official. By expanding the scope of this crime, the bill would impose a state-mandated local program. (6) Existing law requires the elections official of any county or city using a voting system to inspect the machines or devices at least once every 2 years. This bill would prohibit an individual from permitting an agent of a law enforcement agency, as defined, to access, disrupt, modify, or take possession of certified voting technology unless authorized by a court order. To the extent this bill would establish new procedures for the conduct of elections, it would create a state-mandated local program. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant to be served a 3 days' notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. This bill, the Tenant Protections for Immigrant Families Act of 2026 (Act) , would, until January 1, 2030, prohibit an owner of residential real property, as defined, from initiating or continuing an unlawful detainer action to evict a tenant whose income, ability to obtain income, or financial support is impacted by immigration enforcement activities until no sooner than 90 days after the tenant or household member's detention-related hardship ends, as specified. The bill would require a court to stay the proceeding of a pending unlawful detainer action against a covered tenant if certain conditions are satisfied, including that the tenant provides the court with specified documentation, such as a signed declaration of detention-related hardship that includes a specified statement, that the tenant or household member suffered a detention-related hardship that prevented them from paying the unpaid rent alleged in the unlawful detainer action. Any person who knowingly provides false information in the declaration of detention-related hardship would be subject to a civil fine of up to $1,500. Under the bill, if a tenant has raised detention-related hardship as an affirmative defense, an owner of residential real property may request an evidentiary hearing regarding the tenant's detention-related hardship stay of the unlawful detainer action, at which the tenant must prove by a preponderance of the evidence their detention-related hardship. The bill would prohibit the owner from charging or collecting any late fees, interest, or other penalties related to the nonpayment of rent by a tenant subject to these provisions. Within 90 days after the end of the detention-related hardship, the bill would require the tenant to either pay all past due rent or enter into a mutually agreed upon payment plan with the owner of the residential real property. For purposes of the Act, this bill would define "immigration enforcement activities" to include any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal immigration law, including any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in, the United States. The bill would define "detention-related hardship" to mean, among other things, loss of income or financial support by the tenant or household member due to detention, arrest, or ordered removal of a tenant or household member by any federal law enforcement agency. This bill would prohibit a landlord from charging a tenant subject to these provisions fees assessed for the late payment of that rental debt. The bill would prohibit a person from selling or assigning any unpaid debt as a result of detention-related hardship. The bill would prohibit a housing provider or tenant screening company from using an alleged debt as a result of detention-related hardship as a negative factor for the purpose of evaluating a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective tenant. The bill would delete similar provisions related to debts as a result of COVID-19 rental debt. The bill would require the Judicial Council to review its existing forms and develop new forms to effectuate these provisions. The bill would repeal these provisions on January 1, 2030.

Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Office of Land Use and Climate Innovation, formerly known as the Office of Planning and Research, and the Department of Housing and Community Development that includes, among other specified information, the number of units of housing demolished and new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, as specified. The Planning and Zoning Law also provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units in areas zoned for single-family or multifamily dwelling residential use in accordance with specified standards and conditions. This bill would require a city or county that has an accessory dwelling unit ordinance to submit as part of their annual report the code section where that ordinance is located and the date the ordinance was enacted or most recently updated. By increasing the scope of data required to be reported in the annual report, 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, 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.