HCD may initiate review of an issue based on information contained within a housing element, annual progress report, stakeholder comment letter, phone call, email, news article, or additional source. During its review, HCD may consult with any local government, agency, group, or person.
HCD evaluates each issue on a case-by-case basis. Generally, the first step involves conversations with the local government to define the circumstances surrounding the issue and gain understanding of the local government’s perspective. Based upon information received, HCD may choose to monitor a situation prior to taking additional action.
If the circumstances warrant additional action, HCD may issue a letter of inquiry, a letter of technical assistance, or a letter requesting corrective action. Local governments are generally provided 30 days to respond before HCD takes further action. However, this timeframe may be adjusted on a case-by-case basis.
Based upon the response received, HCD may issue a letter acknowledging the local government’s response or corrective action taken. HCD may also issue a notice of decertification of housing element compliance and/or provide notice to the local government that the California Office of the Attorney General has been notified of a violation.
Each issue is unique; therefore, the process is not necessarily linear and may include multiple instances of correspondence between HCD and local governments. Local governments have the opportunity to respond to HCD each time a letter of inquiry, technical assistance, or correction is issued. However, the image below shows HCD's general approach to enforcement.
Flowchart available on desktop devices.
Receive Request
HCD receives requests, complies information, contacts local government.
Request is moved to Technical assistance.
Technical Assistance
HCD provides advice to assist decision-making or implement statute.
If case is not resolved, move to next step — TA continues.
Whether the request is assigned as a Housing Element-related case determines its next steps.
Housing Element Related Cases
Notice of Inquiry / Notice of Potential Violation
HCD Provides notice either requesting information on a required housing element action or proving a warning related to compliance with housing element law.
(If violation has already occurred skip this step)
Once noticed, the response determines if the case moves forward to remedy.
Notice of Non-Compliance / Corrective Action
HCD provides notice that housing element compliance may be revoked if the required remedy is not completed within 30 days.
If notice is successful, a letter is sent to acknowledge the completion of the corrective action. If not, the case may proceed to decertification.
Successful Completion of Corrective Action
HCD provides a letter acknowledging the completion of corrective action government. Case is closed.
Decertification
HCD provides a letter to the local government that housing element compliance is revoked contacts local government.
Case may proceed to recertification should the issue be corrected, or be transferred to the Attorney General.
Recertification of Housing Element Compliance
If a jurisdiction subsequently corrects the issue that resulted in decertification of the housing element, HCD provides a letter to re-certify that the housing element statutory complies with housing element.
Case is closed.
Attorney General
HCD refers issue to the office of the California Office of the Attorney General. Two meetings with jurisdiction are offered prior to bringing court action.
Non-Housing Element Related Cases (AB 72: HAA, No Net Loss, Density Bonus, Fair Housing; and Preservation, ADU, Surplus Land)
Notice of Potential Violation
HCD provides notice warning of a potential violation to state law related to an upcoming action.
(If violation has already occurred skip this step)
Once noticed, the response determines if the case moves forward to remedy.
Notice of Violation
HCD provides a letter to the local government notifying a violation of State Law.
Once noticed, the response determines if the case moves forward to remedy.
Attorney General
HCD refers issue to the office of the California Office of the Attorney General. Two meetings with jurisdiction are offered prior to bringing court action related to Housing Element and No Net Loss cases.