Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 932Introduced by Assembly Member TingFebruary 16, 2017 An act to add and repeal Section 8698.4 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 932, as amended, Ting. Housing: affordable housing. Shelter crisis: homeless shelters and permanent supportive housing.Existing law authorizes a governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law, upon a declaration of a shelter crisis by the City of San Jose, authorizes emergency housing to include an emergency bridge housing community for the homeless in that city.This bill, until January 1, 2027, upon a declaration of a shelter crisis by the City and County of San Francisco, would authorize emergency housing to include homeless shelters and permanent supportive housing in the City and County of San Francisco. The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the City and County of San Francisco to adopt by ordinance reasonable local standards for homeless shelters and permanent supportive housing, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided. The bill would require the City and County of San Francisco to develop a plan to address the shelter crisis, as specified. The bill would further require the City and County of San Francisco to annually report to the committees of the Legislature specific information on homeless shelters and permanent supportive housing, including, among other information, through January 1, 2027.This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine existing and projected needs for housing for each region and requires each council of governments or, for cities and counties without a council of governments, the department to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives. This bill would state the intent of the Legislature to enact legislation that would increase the supply of affordable housing by changing existing laws to address key issues that have prevented the growth of housing, to ensure that fewer people are displaced or end up homeless.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8698.4 is added to the Government Code, to read:8698.4. Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City and County of San Francisco, the following shall apply during a shelter crisis: (a) Emergency housing may include homeless shelters and permanent supportive housing for the homeless located or constructed on any land owned or leased by a city or city and county, including land acquired with low- and moderate-income housing funds. (b) (1) The city and county, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of homeless shelters and permanent supportive housing and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city and countys draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance. (2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for homeless shelters and permanent supportive housing provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters and permanent supportive housing, provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters and permanent supportive housing project, to be consistent with the local land use plans, including the general plan, shall be suspended. (3) This section applies only to a public facility or homeless shelters and permanent supportive housing reserved for the homeless pursuant to this chapter. (c) Homeless shelters and permanent supportive housing constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code). (d) Homeless shelters and permanent supportive housing that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis. (e) On or before July 1, 2019, the city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing , as well as onsite supportive services. The city and county shall make the plan publicly available.(f) On or before January 1, 2019, and annually thereafter until January 1, 2027, if the city and county has declared a shelter crisis, the city and county shall report all of the following to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development:(1) The total number of residents in homeless shelters within the city and county.(2) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city and county.(3) The average time required for a resident to receive permanent supportive housing.(4) The projected number of permanent supportive housing units.(5) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing.(6) The number of new homeless shelters and permanent supportive housing units built pursuant to this section.(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City and County of San Francisco.SECTION 1.The Legislature finds and declares all of the following:(a)California is facing the most severe shortage of affordable housing for low-income households in modern history. While some cities have enough market-rate housing, they frequently lack housing affordable for low- and moderate-income residents. This imbalance has led cities and towns to price out their residents, causing unprecedented displacement and homelessness.(b)The shortage in the housing supply has caused a spike in the cost of housing and in rental markets, especially in coastal California where the absence of home construction reduces the ability of Californians to find housing that both meets their needs and is affordable. The Legislative Analysts Office has concluded that lackluster home building in coastal California undermines worker access to high-paying job markets because these workers are unable to find housing. These workers are pushed to other parts of California, where wages tend to be lower.(c)The decreased flow of workers into high-wage, high productivity areas of California due to limited home building has contributed to growing income differences across regions, as well as widening income inequality overall.(d)In 2015, the median monthly rent in California reached a historic high of $1,300. In at least eight major metropolitan areas, renters paid more than one-third of their income in rent last year. While some cities, such as San Francisco, have rent control, this has not stopped landlords from evicting tenants to take advantage of increased housing prices.(e)Home prices in California are rising faster than in the rest of the county, yet residential home building permits are below the historical norm. From 2015 to 2016, housing prices in the San Francisco-Oakland and San Jose metropolitan areas have increased by 5.7 percent and 4.7 percent, respectively. While the national average for building permits in major urban areas is 3.9 building permits per 1,000 residents, the average for the San Francisco-Oakland and San Jose metropolitan areas is only 2.8 building permits per 1,000 residents.(f)The regional housing needs assessment provides a projection of the minimum amount of additional housing units necessary to accommodate household growth across all income levels, based on population projections by the Department of Finance and regional population forecasts. This process has not ensured accountability, and sites that are feasible for affordable housing development have not been zoned and reserved for affordable housing development.(g)California has no permanent source of funding to finance incentives for affordable housing development.SEC. 2.It is the intent of the Legislature to enact legislation that would increase the supply of affordable housing by changing existing laws to address key issues that have prevented the growth of housing, to ensure that fewer people are displaced or end up homeless.
Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 932Introduced by Assembly Member TingFebruary 16, 2017 An act to add and repeal Section 8698.4 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 932, as amended, Ting. Housing: affordable housing. Shelter crisis: homeless shelters and permanent supportive housing.Existing law authorizes a governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law, upon a declaration of a shelter crisis by the City of San Jose, authorizes emergency housing to include an emergency bridge housing community for the homeless in that city.This bill, until January 1, 2027, upon a declaration of a shelter crisis by the City and County of San Francisco, would authorize emergency housing to include homeless shelters and permanent supportive housing in the City and County of San Francisco. The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the City and County of San Francisco to adopt by ordinance reasonable local standards for homeless shelters and permanent supportive housing, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided. The bill would require the City and County of San Francisco to develop a plan to address the shelter crisis, as specified. The bill would further require the City and County of San Francisco to annually report to the committees of the Legislature specific information on homeless shelters and permanent supportive housing, including, among other information, through January 1, 2027.This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine existing and projected needs for housing for each region and requires each council of governments or, for cities and counties without a council of governments, the department to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives. This bill would state the intent of the Legislature to enact legislation that would increase the supply of affordable housing by changing existing laws to address key issues that have prevented the growth of housing, to ensure that fewer people are displaced or end up homeless.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2017
Amended IN Assembly March 23, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 932
Introduced by Assembly Member TingFebruary 16, 2017
Introduced by Assembly Member Ting
February 16, 2017
An act to add and repeal Section 8698.4 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 932, as amended, Ting. Housing: affordable housing. Shelter crisis: homeless shelters and permanent supportive housing.
Existing law authorizes a governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law, upon a declaration of a shelter crisis by the City of San Jose, authorizes emergency housing to include an emergency bridge housing community for the homeless in that city.This bill, until January 1, 2027, upon a declaration of a shelter crisis by the City and County of San Francisco, would authorize emergency housing to include homeless shelters and permanent supportive housing in the City and County of San Francisco. The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the City and County of San Francisco to adopt by ordinance reasonable local standards for homeless shelters and permanent supportive housing, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided. The bill would require the City and County of San Francisco to develop a plan to address the shelter crisis, as specified. The bill would further require the City and County of San Francisco to annually report to the committees of the Legislature specific information on homeless shelters and permanent supportive housing, including, among other information, through January 1, 2027.This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine existing and projected needs for housing for each region and requires each council of governments or, for cities and counties without a council of governments, the department to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives. This bill would state the intent of the Legislature to enact legislation that would increase the supply of affordable housing by changing existing laws to address key issues that have prevented the growth of housing, to ensure that fewer people are displaced or end up homeless.
Existing law authorizes a governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law, upon a declaration of a shelter crisis by the City of San Jose, authorizes emergency housing to include an emergency bridge housing community for the homeless in that city.
This bill, until January 1, 2027, upon a declaration of a shelter crisis by the City and County of San Francisco, would authorize emergency housing to include homeless shelters and permanent supportive housing in the City and County of San Francisco. The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the City and County of San Francisco to adopt by ordinance reasonable local standards for homeless shelters and permanent supportive housing, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided. The bill would require the City and County of San Francisco to develop a plan to address the shelter crisis, as specified. The bill would further require the City and County of San Francisco to annually report to the committees of the Legislature specific information on homeless shelters and permanent supportive housing, including, among other information, through January 1, 2027.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine existing and projected needs for housing for each region and requires each council of governments or, for cities and counties without a council of governments, the department to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives.
This bill would state the intent of the Legislature to enact legislation that would increase the supply of affordable housing by changing existing laws to address key issues that have prevented the growth of housing, to ensure that fewer people are displaced or end up homeless.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8698.4 is added to the Government Code, to read:8698.4. Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City and County of San Francisco, the following shall apply during a shelter crisis: (a) Emergency housing may include homeless shelters and permanent supportive housing for the homeless located or constructed on any land owned or leased by a city or city and county, including land acquired with low- and moderate-income housing funds. (b) (1) The city and county, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of homeless shelters and permanent supportive housing and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city and countys draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance. (2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for homeless shelters and permanent supportive housing provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters and permanent supportive housing, provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters and permanent supportive housing project, to be consistent with the local land use plans, including the general plan, shall be suspended. (3) This section applies only to a public facility or homeless shelters and permanent supportive housing reserved for the homeless pursuant to this chapter. (c) Homeless shelters and permanent supportive housing constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code). (d) Homeless shelters and permanent supportive housing that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis. (e) On or before July 1, 2019, the city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing , as well as onsite supportive services. The city and county shall make the plan publicly available.(f) On or before January 1, 2019, and annually thereafter until January 1, 2027, if the city and county has declared a shelter crisis, the city and county shall report all of the following to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development:(1) The total number of residents in homeless shelters within the city and county.(2) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city and county.(3) The average time required for a resident to receive permanent supportive housing.(4) The projected number of permanent supportive housing units.(5) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing.(6) The number of new homeless shelters and permanent supportive housing units built pursuant to this section.(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City and County of San Francisco.SECTION 1.The Legislature finds and declares all of the following:(a)California is facing the most severe shortage of affordable housing for low-income households in modern history. While some cities have enough market-rate housing, they frequently lack housing affordable for low- and moderate-income residents. This imbalance has led cities and towns to price out their residents, causing unprecedented displacement and homelessness.(b)The shortage in the housing supply has caused a spike in the cost of housing and in rental markets, especially in coastal California where the absence of home construction reduces the ability of Californians to find housing that both meets their needs and is affordable. The Legislative Analysts Office has concluded that lackluster home building in coastal California undermines worker access to high-paying job markets because these workers are unable to find housing. These workers are pushed to other parts of California, where wages tend to be lower.(c)The decreased flow of workers into high-wage, high productivity areas of California due to limited home building has contributed to growing income differences across regions, as well as widening income inequality overall.(d)In 2015, the median monthly rent in California reached a historic high of $1,300. In at least eight major metropolitan areas, renters paid more than one-third of their income in rent last year. While some cities, such as San Francisco, have rent control, this has not stopped landlords from evicting tenants to take advantage of increased housing prices.(e)Home prices in California are rising faster than in the rest of the county, yet residential home building permits are below the historical norm. From 2015 to 2016, housing prices in the San Francisco-Oakland and San Jose metropolitan areas have increased by 5.7 percent and 4.7 percent, respectively. While the national average for building permits in major urban areas is 3.9 building permits per 1,000 residents, the average for the San Francisco-Oakland and San Jose metropolitan areas is only 2.8 building permits per 1,000 residents.(f)The regional housing needs assessment provides a projection of the minimum amount of additional housing units necessary to accommodate household growth across all income levels, based on population projections by the Department of Finance and regional population forecasts. This process has not ensured accountability, and sites that are feasible for affordable housing development have not been zoned and reserved for affordable housing development.(g)California has no permanent source of funding to finance incentives for affordable housing development.SEC. 2.It is the intent of the Legislature to enact legislation that would increase the supply of affordable housing by changing existing laws to address key issues that have prevented the growth of housing, to ensure that fewer people are displaced or end up homeless.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8698.4 is added to the Government Code, to read:8698.4. Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City and County of San Francisco, the following shall apply during a shelter crisis: (a) Emergency housing may include homeless shelters and permanent supportive housing for the homeless located or constructed on any land owned or leased by a city or city and county, including land acquired with low- and moderate-income housing funds. (b) (1) The city and county, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of homeless shelters and permanent supportive housing and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city and countys draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance. (2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for homeless shelters and permanent supportive housing provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters and permanent supportive housing, provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters and permanent supportive housing project, to be consistent with the local land use plans, including the general plan, shall be suspended. (3) This section applies only to a public facility or homeless shelters and permanent supportive housing reserved for the homeless pursuant to this chapter. (c) Homeless shelters and permanent supportive housing constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code). (d) Homeless shelters and permanent supportive housing that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis. (e) On or before July 1, 2019, the city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing , as well as onsite supportive services. The city and county shall make the plan publicly available.(f) On or before January 1, 2019, and annually thereafter until January 1, 2027, if the city and county has declared a shelter crisis, the city and county shall report all of the following to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development:(1) The total number of residents in homeless shelters within the city and county.(2) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city and county.(3) The average time required for a resident to receive permanent supportive housing.(4) The projected number of permanent supportive housing units.(5) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing.(6) The number of new homeless shelters and permanent supportive housing units built pursuant to this section.(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SECTION 1. Section 8698.4 is added to the Government Code, to read:
### SECTION 1.
8698.4. Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City and County of San Francisco, the following shall apply during a shelter crisis: (a) Emergency housing may include homeless shelters and permanent supportive housing for the homeless located or constructed on any land owned or leased by a city or city and county, including land acquired with low- and moderate-income housing funds. (b) (1) The city and county, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of homeless shelters and permanent supportive housing and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city and countys draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance. (2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for homeless shelters and permanent supportive housing provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters and permanent supportive housing, provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters and permanent supportive housing project, to be consistent with the local land use plans, including the general plan, shall be suspended. (3) This section applies only to a public facility or homeless shelters and permanent supportive housing reserved for the homeless pursuant to this chapter. (c) Homeless shelters and permanent supportive housing constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code). (d) Homeless shelters and permanent supportive housing that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis. (e) On or before July 1, 2019, the city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing , as well as onsite supportive services. The city and county shall make the plan publicly available.(f) On or before January 1, 2019, and annually thereafter until January 1, 2027, if the city and county has declared a shelter crisis, the city and county shall report all of the following to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development:(1) The total number of residents in homeless shelters within the city and county.(2) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city and county.(3) The average time required for a resident to receive permanent supportive housing.(4) The projected number of permanent supportive housing units.(5) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing.(6) The number of new homeless shelters and permanent supportive housing units built pursuant to this section.(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
8698.4. Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City and County of San Francisco, the following shall apply during a shelter crisis: (a) Emergency housing may include homeless shelters and permanent supportive housing for the homeless located or constructed on any land owned or leased by a city or city and county, including land acquired with low- and moderate-income housing funds. (b) (1) The city and county, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of homeless shelters and permanent supportive housing and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city and countys draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance. (2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for homeless shelters and permanent supportive housing provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters and permanent supportive housing, provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters and permanent supportive housing project, to be consistent with the local land use plans, including the general plan, shall be suspended. (3) This section applies only to a public facility or homeless shelters and permanent supportive housing reserved for the homeless pursuant to this chapter. (c) Homeless shelters and permanent supportive housing constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code). (d) Homeless shelters and permanent supportive housing that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis. (e) On or before July 1, 2019, the city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing , as well as onsite supportive services. The city and county shall make the plan publicly available.(f) On or before January 1, 2019, and annually thereafter until January 1, 2027, if the city and county has declared a shelter crisis, the city and county shall report all of the following to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development:(1) The total number of residents in homeless shelters within the city and county.(2) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city and county.(3) The average time required for a resident to receive permanent supportive housing.(4) The projected number of permanent supportive housing units.(5) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing.(6) The number of new homeless shelters and permanent supportive housing units built pursuant to this section.(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
8698.4. Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City and County of San Francisco, the following shall apply during a shelter crisis: (a) Emergency housing may include homeless shelters and permanent supportive housing for the homeless located or constructed on any land owned or leased by a city or city and county, including land acquired with low- and moderate-income housing funds. (b) (1) The city and county, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of homeless shelters and permanent supportive housing and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city and countys draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance. (2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for homeless shelters and permanent supportive housing provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters and permanent supportive housing, provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters and permanent supportive housing project, to be consistent with the local land use plans, including the general plan, shall be suspended. (3) This section applies only to a public facility or homeless shelters and permanent supportive housing reserved for the homeless pursuant to this chapter. (c) Homeless shelters and permanent supportive housing constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code). (d) Homeless shelters and permanent supportive housing that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis. (e) On or before July 1, 2019, the city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing , as well as onsite supportive services. The city and county shall make the plan publicly available.(f) On or before January 1, 2019, and annually thereafter until January 1, 2027, if the city and county has declared a shelter crisis, the city and county shall report all of the following to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development:(1) The total number of residents in homeless shelters within the city and county.(2) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city and county.(3) The average time required for a resident to receive permanent supportive housing.(4) The projected number of permanent supportive housing units.(5) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing.(6) The number of new homeless shelters and permanent supportive housing units built pursuant to this section.(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
8698.4. Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City and County of San Francisco, the following shall apply during a shelter crisis:
(a) Emergency housing may include homeless shelters and permanent supportive housing for the homeless located or constructed on any land owned or leased by a city or city and county, including land acquired with low- and moderate-income housing funds.
(b) (1) The city and county, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of homeless shelters and permanent supportive housing and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city and countys draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance.
(2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for homeless shelters and permanent supportive housing provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters and permanent supportive housing, provided that the city and county has adopted health and safety standards for homeless shelters and permanent supportive housing and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters and permanent supportive housing project, to be consistent with the local land use plans, including the general plan, shall be suspended.
(3) This section applies only to a public facility or homeless shelters and permanent supportive housing reserved for the homeless pursuant to this chapter.
(c) Homeless shelters and permanent supportive housing constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
(d) Homeless shelters and permanent supportive housing that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis.
(e) On or before July 1, 2019, the city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing , as well as onsite supportive services. The city and county shall make the plan publicly available.
(f) On or before January 1, 2019, and annually thereafter until January 1, 2027, if the city and county has declared a shelter crisis, the city and county shall report all of the following to the Senate Committee on Transportation and Housing and the Assembly Committee on Housing and Community Development:
(1) The total number of residents in homeless shelters within the city and county.
(2) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city and county.
(3) The average time required for a resident to receive permanent supportive housing.
(4) The projected number of permanent supportive housing units.
(5) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing.
(6) The number of new homeless shelters and permanent supportive housing units built pursuant to this section.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City and County of San Francisco.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City and County of San Francisco.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City and County of San Francisco.
### SEC. 2.
The Legislature finds and declares all of the following:
(a)California is facing the most severe shortage of affordable housing for low-income households in modern history. While some cities have enough market-rate housing, they frequently lack housing affordable for low- and moderate-income residents. This imbalance has led cities and towns to price out their residents, causing unprecedented displacement and homelessness.
(b)The shortage in the housing supply has caused a spike in the cost of housing and in rental markets, especially in coastal California where the absence of home construction reduces the ability of Californians to find housing that both meets their needs and is affordable. The Legislative Analysts Office has concluded that lackluster home building in coastal California undermines worker access to high-paying job markets because these workers are unable to find housing. These workers are pushed to other parts of California, where wages tend to be lower.
(c)The decreased flow of workers into high-wage, high productivity areas of California due to limited home building has contributed to growing income differences across regions, as well as widening income inequality overall.
(d)In 2015, the median monthly rent in California reached a historic high of $1,300. In at least eight major metropolitan areas, renters paid more than one-third of their income in rent last year. While some cities, such as San Francisco, have rent control, this has not stopped landlords from evicting tenants to take advantage of increased housing prices.
(e)Home prices in California are rising faster than in the rest of the county, yet residential home building permits are below the historical norm. From 2015 to 2016, housing prices in the San Francisco-Oakland and San Jose metropolitan areas have increased by 5.7 percent and 4.7 percent, respectively. While the national average for building permits in major urban areas is 3.9 building permits per 1,000 residents, the average for the San Francisco-Oakland and San Jose metropolitan areas is only 2.8 building permits per 1,000 residents.
(f)The regional housing needs assessment provides a projection of the minimum amount of additional housing units necessary to accommodate household growth across all income levels, based on population projections by the Department of Finance and regional population forecasts. This process has not ensured accountability, and sites that are feasible for affordable housing development have not been zoned and reserved for affordable housing development.
(g)California has no permanent source of funding to finance incentives for affordable housing development.
It is the intent of the Legislature to enact legislation that would increase the supply of affordable housing by changing existing laws to address key issues that have prevented the growth of housing, to ensure that fewer people are displaced or end up homeless.