In 2017, several bills, including Assembly Bill (AB) 72, were signed to strengthen and clarify existing laws, and to increase accountability and enforcement to better address the housing needs of Californians. HCD's authority was expanded in 2021 by AB 215 and in 2023 by AB 434. As a result, HCD has the authority to enforce the following state housing laws:

Government Code sections 66310 through 66342

Accessory dwelling units (ADUs) and junior ADUs (JADUs) are a flexible form of housing that is “affordable by design” and that can provide additional income to homeowners. ADU law addresses barriers, streamlines approval, and expands potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. While not required, jurisdictions may adopt an ordinance to outline standards for permitting ADUs and JADUs. HCD must review ADU ordinances for compliance with state law.

See HCD’s Accessory Dwelling Unit page, and learn more from HCD’s ADU Handbook (PDF).

See HCD ADU Ordinance Review Letters and Responses from Jurisdictions.

Government Code section 8899.50

AFFH requires that local jurisdictions take meaningful actions not only, to combating discrimination, but also to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, AFFH means taking meaningful actions that address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. AFFH duties extend to all of a public agency’s activities and programs relating to housing and community development.

See HCD’s Affirmatively Furthering Fair Housing page, and learn more from HCD’s AFFH Guidance Memo (PDF).

Selected Letters:

Government Code sections 65912.100-65912.140

AB 2011 requires a streamlined ministerial approval process for multifamily development that meets specified objective standards, affordability, and site criteria including being located within a zone where office, retail, or parking are a permitted use. The bill provides two distinct options for eligibility – one option is to provide 100 percent affordable projects on properties zoned for commercial uses and a second for mixed-income projects that abut commercial corridors.

Selected Letters:

Government Code section 65913.16

A local agency must ministerially approve 100 percent affordable developments located on sites owned by higher education and religious institutions prior to January 1, 2024. Eligible developments must include a specified level of affordability and comply with other requirements such as wage, labor, locational, and demolition restrictions.

Government Code sections 65863.10-65863.13

Owners of government-assisted housing projects must provide tenants, local public agencies, and community partners interested in these properties notice when subsidies or rental restrictions expire or are terminated, or when owners opt out, unless specifically exempted. Additionally, owners must send a Notice of Opportunity to Submit an Offer to Purchase to all qualified entities (as certified by HCD) at least 12 months prior to expiration, unless an exemption applies. The owner has an obligation to entertain such offers.

See HCD's Preserving Existing Affordable Housing page, and learn more from the Guide to Affordable Housing Preservation Laws.

Government Code section 65008

An action by a local jurisdiction is null and void if it denies any individual or group of individuals residence, land ownership, tenancy, or any other land use in the state based on the following: lawful occupation, age, or protected characteristic of any individual or groups of individuals; the method of financing of any residential development (including affordable housing); and the intended occupancy of any residential development by persons or families of very low, low, moderate, or middle income.

Selected Letters:

Government Code sections 65660-65668

A lower barrier navigation center (LBNC) must be allowed as a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses if it meets specified requirements, including access to permanent housing and use of a coordinated entry system. The local government must act upon its review of the application within 60 days after the application is complete. An LBNC is defined as a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. LBNCs include best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy.

Government Code sections 65650-65656

Supportive housing must be allowed as a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies specific requirements. The local government must complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units. The local government may require a supportive housing development to comply with written, objective development standards and policies that apply to other multifamily development within the same zone.

Selected Letters:

Government Code sections 66300.5 and 66300.6

All development projects, including housing development projects and non-housing development projects, must replace any existing protected units on site and provide relocation benefits to existing occupants of protected units that are lower-income households. Replacement housing for non-housing projects must be developed prior to or concurrently with the development project and may be located on a site other than the project site but must be located within the same jurisdiction.

Selected Letters:

Government Code sections 65915-65918

Density Bonus Law incentivizes the construction of affordable housing by allowing a developer to add additional housing units to a project beyond the zoned capacity and secure other “incentives” in exchange for a commitment from the developer to include deed-restricted affordable units in the project. When a developer meets the requirements of the Density Bonus Law, a local government is obligated to permit increased building density, grant incentives, and waive any conflicting local development standards (e.g., height, parking requirements) unless certain limited exceptions apply.

Jurisdictions must adopt an ordinance that specifies how the Density Bonus Law will be implemented locally. This ordinance may comprehensively address all parts of the law (e.g., eligibility, bonus percentages, etc.) or simply indicate that the Density Bonus Law will be implemented directly from State statute.

Selected Letters:

Government Code sections 65852.21 and 66411.7

A local agency must ministerially approve a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both, if the proposed housing development meets certain requirements. The statute facilitates the creation of up to four housing units in the lot area typically used for one single-family home.

For more information see HCD’s SB 9 Fact Sheet (PDF)

Selected Letters:

Government Code section 65905.5

A local government may not hold more than five hearings to consider a proposed housing development project if the project complies with all applicable, objective general plan and zoning standards.

Government Code section 65589.5

The HAA limits local government’s ability to deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing need.

Read HCD’s Housing Accountability Act Technical Assistance Advisory (PDF) for more information.

Selected Letters:

Government Code section 66300

The HCA limits the ability of cities and counties to, among other things: change the general plan land use designation, specific plan land use designation, or zoning to a less intensive use or reduce the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below that was in effect on January 1, 2018; impose a moratorium or similar restriction or limitation on housing development; or cap the number of housing units that can be approved or constructed.

Preliminary Application for Development

To accelerate housing production, SB 330 (Statutes of 2019) made changes to land use and zoning law to remove barriers and impediments to building new housing in urban areas of the state. To increase transparency and certainty in the development application process, SB 330 allows a housing developer to submit a “preliminary application” to a local agency for Portions of the Permit Streamlining Act (PSA) housing development project.

Designated Jurisdictions Prohibited from Certain Zoning-Related Actions

SB 330 (Statutes of 2019) requires HCD to develop a list of cities (“affected cities”) and census designated places (CDPs) within the unincorporated county (“affected counties”) that are prohibited from taking certain zoning-related actions, including, among other things:

  • Downzoning certain parcels.
  • Imposing a moratorium on development.
  • Imposing design review standards that are not objective.

The law also requires jurisdiction-wide housing replacement when housing affordable to lower-income residents is demolished. View a full list of all the bill’s provisions.

Selected Letters:

Government Code sections 65580-65589.11

In addition to reviewing housing elements for substantial compliance with Housing Element Law, HCD has the authority to 1) enforce a local government’s obligation to adopt a compliant housing element, and 2) review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or Housing Element Law. This includes failure to implement program actions included in the housing element.

To ensure that local jurisdictions implement their housing element programs, HCD relies on three strategies:

  1. Monitoring and Engagement: HCD proactively monitors the status of housing element programs by evaluating Annual Progress Report (APR) data and checking in with jurisdictions.
  2. Rezones: HCD monitors required rezonings to ensure jurisdictions achieve completion within statutory timeframes.
  3. Stakeholder Inquiries: HCD investigates inquiries, requests, and complaints from stakeholders that are submitted through the Housing Accountability Unit Portal.

As part of its review of housing elements, HCD must consider any written comments. Written comments can be emailed to HousingElements@hcd.ca.gov. Learn more on our Housing Elements page.

Selected Letters:

Government Code section 65913.11

This section sets limitations on floor area ratio (FAR) and lot coverage standards that can be imposed on housing projects of 3-10 units within multifamily or mixed-use zones in jurisdictions within an urbanized area or cluster.

Government Code section 65852.24

Housing development projects are an allowed use on sites where office, retail, or parking are a principally permitted use, subject to specific eligibility criteria. The statute does not create a specific ministerial approval process but allows for residential development consisting of either residential units only or mixed-used developments with at least 50 percent residential square footages on qualifying commercial sites without a need for rezoning. Project applicants can also potentially invoke the existing ministerial review process under Government Code section 65913.4 (SB 35).

Government Code section 65863.2

Minimum parking requirements can increase the cost of housing and limit the number of residential units. Therefore, local agencies shall not impose a minimum automobile parking requirement for residential, commercial, or other development projects if the project is located within one-half mile of a major transit stop.

View the HCD AB 2097 Technical Advisory (PDF)

Selected Letters:

Government Code section 65863

No Net Loss Law imposes requirements on local jurisdictions to ensure development opportunities remain available throughout the planning period to accommodate their regional housing needs allocations (RHNA), especially for lower- and moderate-income households.

Read HCD's memorandum on No Net Loss Law (PDF) for more information.

Government Code section 65943

Local jurisdictions must determine in writing whether an application is complete no later than 30 calendar days after the application is received. If the application is incomplete, the local jurisdiction must provide the applicant with a list of items that were not included in the application. That list must be limited to only those items contained within the local jurisdiction’s application submittal checklist. When an application is resubmitted, a new 30 calendar day period begins. Additionally, with a resubmitted review, the local jurisdiction cannot request that the applicant provide any new information that was not stated in the initial list of items that were not complete. If the determination is not made within 30 calendar days after the receipt of an initial application or resubmitted application, the application is deemed complete automatically.

Government Code section 65941.1

To accelerate housing production, the PSA also provides a developer with the option of submitting a “preliminary application” for any housing development project, allowing a developer to “freeze” the applicable fees and development standards that apply to the project while the developer assembles the full application. Learn more on HCD’s Preliminary Application for Development webpage and in Appendix C of HCD’s Housing Accountability Act Technical Assistance Advisory (PDF).

Selected Letters:

Government Code section 65850(g)

Any city or county may adopt an inclusionary housing ordinance that includes residential rental units affordable to lower- and moderate-income households. The law also includes requirements for alternative means of compliance for inclusionary ordinances, parameters for HCD to review inclusionary housing ordinances, under limited circumstances, by requesting the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain the production of housing, and criterial for HCD to review economic feasibility studies.

Read HCD’s Rental Inclusionary Housing memorandum (PDF) for more information.

Government Code sections 65852.28, 65913.4.5, and 66499.41

A local agency must ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a multi-family housing development project that meets certain requirements, including: 10 or fewer units (not including ADUs), maintaining current maximum density, and location on a lot less than 5 acres and substantially surrounded by urban uses. A local agency must approve or deny a completed application for a parcel map or a tentative map for a housing development project submitted pursuant to these provisions within 60 days from the date the local agency receives it.

Government Code section 65913.4

SB 35 requires a streamlined ministerial approval process for development in localities that have not yet made sufficient progress towards their allocation of the regional housing need. Eligible developments must include a specified level of affordability, be on an infill site, comply with existing residential and mixed-use general plan or zoning provisions, and comply with other requirements such as locational and demolition restrictions.

SB 423 Streamlined Ministerial Approval Process (SMAP)

SB 423 (Wiener, 2023) creates an opt-in program for developers that allows a streamlined approval process for developments in localities that have not yet met their housing targets, provided that the development is on an infill site and complies with existing residential and mixed-use zoning. Participating developments must provide at least 10 percent of units for lower-income families. All projects over 10 units must be prevailing wage and larger projects must provide skilled and trained labor.

Pursuant to SB 423 (Chapter 778, Statutes of 2023), any jurisdiction that did not adopt a housing element that has been found in substantial compliance with housing element law are subject to streamlined ministerial approval for qualifying proposed developments with at least 10% affordability.

Selected Letters:

Government Code sections 54220-54234

The purpose of the Surplus Land Act is to connect local agencies with developers who are interested in building more affordable homes on surplus local public land that is both available and suitable for housing development. Local agencies must send notices about available, surplus local public land to 1) HCD, 2) any local public entity within the jurisdiction where the surplus local land is located, and 3) developers who have notified HCD of their interest in developing affordable housing on surplus local public land. Prior to agreeing to terms to dispose of surplus property, local agencies must send a description of notices of availability sent and negotiations conducted, in addition to a copy of any restrictions to be recorded against the property, to HCD for review.

See HCD’s Public Lands for Affordable Housing Development page, and learn more from the Surplus Land Act Guidelines (PDF).

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