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Accountability and Enforcement

Accountability and Enforcement

The Department of Housing and Community Development (HCD) enforces state housing and homelessness laws to meaningfully and positively impact the provision of housing in all communities across the state.

California’s housing and homelessness crisis has reached historic proportions despite the passage of numerous laws intended to increase the supply of housing affordable to Californians at all income levels. As part of the 2021-2022 state budget, HCD received additional staff to grow its accountability efforts and formed the Housing Accountability Unit (HAU). While education and technical assistance is always the first step in HCD’s accountability efforts, the HAU holds jurisdictions accountable for meeting their housing element commitments and complying with state housing and homelessness laws. Violations of these state laws may lead to consequences including revocation of housing element certification and/or referral to the California Office of the Attorney General.

Actions and Results

The Housing Accountability Dashboard reflects the actions the HAU has taken to date (updated weekly) and includes HCD’s accountability and enforcement work starting on January 1, 2020.

View Housing Accountability Dashboard 

To submit a request for assistance, please visit:

Housing Accountability Unit Portal 

HCD accepts requests for technical assistance from local jurisdictions and requests for review of potential violations from any party through our online Housing Accountability Unit Portal. Please note that if you are a private individual and do not give HCD express permission to disclose your identity, it is HCD’s practice to protect requestors’ identities from disclosure under the California Public Records Act (PRA) to the full extent authorized by the PRA. (Gov’t Code, § 7922.000; Cal. Const., Art. 1, § 1.) However:

  • Even though your identity may be withheld, the PRA may require HCD to disclose the substance of your request, including your written communications with HCD (with name redacted), after the request is closed, or if a reasonable amount of time has elapsed since the date of the request.
  • If your request relates to your particular residence, the PRA may require HCD to disclose your address to PRA requestors, which could reveal your identity.
  • In some cases, it may be difficult or impossible to investigate an allegation without disclosing your identity. If that is a concern, please contact us at HAUPortal@hcd.ca.gov to discuss the possibility of withdrawing your request if it later becomes necessary for maintaining your anonymity.
  • Notwithstanding the above, if you are writing on behalf of a business, nonprofit, state or local agency, or state or local government official, the PRA may require HCD to disclose your name, the organization, or public office you represent, and other identifying information. Although organizations and public figures enjoy fewer privacy protections than private individuals under state law, HCD recognizes the importance of whistleblower anonymity. If you represent an entity that risks negative consequences for reporting housing accountability issues, it is HCD’s practice to protect your identifying information from PRA disclosure unless specific circumstances create a greater public interest in disclosure. HCD evaluates these circumstances on a case-by-case basis. (Gov’t Code, § 7922.000.)
  • In rare cases, HCD may be compelled to disclose a requestor's identity during legal proceedings that may or may not include the requestor as a party.

If you have any concerns about confidentiality of your request, please contact us at HAUPortal@hcd.ca.gov and a representative of HCD will be available to advise you.

Send U.S. postal mail requests to:

Department of Housing and Community Development
Division of Housing Policy Development
Housing Accountability Unit
651 Bannon Street, Suite 400
Sacramento, CA 95811

HCD makes enforcement letters and actions available to the public. A report of all letters issued is organized by jurisdiction, date, and subject matter (e.g., housing element, fair housing, Housing Accountability Act, etc.). Please note that links to selected frequently downloaded letters are included under each housing law in the “Enforcement Authority” section of this webpage. All of the HAU's technical assistance and enforcement letters can be found here:

Technical Assistance and Enforcement Letters 

Monthly Digest

To help stakeholders stay up-to-date on the HAU’s guidance, below is a selection of letters that the HAU sent in the previous two months (May and June 2025), with links to those letters. This list is updated by the 10th of each month.

May

June

For more information, please submit your inquiry to the Housing Accountability Unit Portal.

The HAU is committed to collaborating with local jurisdictions and providing technical assistance whenever possible but will take enforcement action when necessary. In partnership with the Attorney General’s Office, HCD has filed lawsuits, secured stipulated judgments and settlement agreements, and filed an amicus brief. HCD will continue to hold local jurisdictions accountable when they fail to comply with state housing laws.

Lawsuits

In October 2022, HCD filed a lawsuit against Anaheim for unlawfully requiring and then denying a permit for transitional housing for women with mental health disabilities who recently experienced homelessness. In February 2024, the court ruled in favor of HCD. In December 2024, the City withdrew its appeal.

In April 2023, HCD filed a lawsuit against Huntington Beach for failing to adopt a housing element. In May 2024, the court ruled in favor of HCD. Huntington Beach has appealed.

In May 2023, HCD filed a lawsuit against Elk Grove for unlawfully denying a supportive housing project. In September 2024, HCD executed a settlement agreement with Elk Grove to resolve the lawsuit.

In December 2023, HCD filed a lawsuit against La Canada Flintridge for unlawfully denying 80 mixed-income housing units in a “builder’s remedy” project. In March 2024, the court ruled in HCD’s favor. In March 2025, the City withdrew its appeal.

In November 2024, HCD filed a lawsuit against Norwalk for adopting an unlawful moratorium on supportive housing, transitional housing, single-room occupancy housing, and emergency shelters.

Stipulated Judgments and Settlement Agreements

In August 2023, HCD secured a stipulated judgment with San Bernardino requiring the City to adopt a housing element. In June 2024, HCD found the City’s housing element in substantial compliance with state law.

In October 2023, HCD secured a stipulated judgment with Coronado requiring the City to adopt a housing element. In August 2024, HCD found the City’s housing element in substantial compliance with state law.

In January 2024, HCD secured a stipulated judgment with Fullerton requiring the City to adopt a housing element. In February 2025, HCD found the City’s housing element in substantial compliance with state law.

In April 2024, HCD secured a stipulated judgment with Malibu requiring the City to adopt a housing element. In December 2024, HCD found the City’s housing element in substantial compliance with state law.

In November 2024, HCD secured a stipulated judgment with La Habra Heights requiring the City to adopt a housing element.

In July 2024, HCD secured a settlement agreement with Moreno Valley regarding compliance with the Surplus Land Act.

In September 2024, HCD secured a settlement agreement with Roseville regarding compliance with the Surplus Land Act.

Amicus Briefs

In June 2023, HCD filed an amicus brief in a lawsuit against Costa Mesa regarding the City’s ordinance unlawfully restricting group homes. The lawsuit is pending.

In May 2025, HCD filed an amicus brief in support of Newport Beach’s efforts to comply with Housing Element Law.

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.

Receive Request

HCD receives requests, complies information, contacts local government.

Technical Assistance

HCD provides advice to assist decision-making or implement statute.
If case is not resolved move to next step — TA continues

Housing Element Related Cases

Non-Housing Element Related Cases

(AB 72: HAA, No Net Loss, Density Bonus, Fair Housing; and Preservation, ADU, Surplus Land)

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)

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)

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.

Notice of Violation

HCD provides a letter to the local government notifying a violation of State Law.

Successful Completion of Corrective Action

HCD provides a letter acknowledging the completion of corrective action government.

Decertification

HCD provides a letter to the local government that housing element compliance is revoked contacts local government.

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.

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.

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.

Enforcement Authority

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.

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.

Learn more about Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.

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.

See HCD’s Statutory Determinations for Limiting Jurisdictions’ Abilities to Restrict Development, and learn more from HCD’s Streamlined Ministerial Approval Process Guidelines (PDF).

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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