Land determined to be "exempt surplus land" by a local agency should be verified by HCD to ensure certain requirements are met. The SLA includes several exemptions, generally fitting into the following four categories:

  1. "Grandfathering" eligibility: Properties subject to binding agreements where the pre-AB 1486 version of the SLA applies because the local agency took action to dispose of the land prior to September 30, 2019.
  2. Affordable housing exemptions: Properties where a proposed development on the surplus land includes a certain percentage of affordable units.
  3. Public use exemptions: Land that is disposed of or restricted for another public use under certain conditions.
  4. Special characteristics exemptions: Land that is not suitable for affordable housing development because of size or other factors.

Local agencies can submit the exempt surplus disposition documentation package to HCD via the Surplus Land Act Portal.

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