California Assembly Bill AB721

California 2021-2022 Regular Session

• Introduced: 2/16/21
• Refer: 2/25/21
• Report Pass: 4/19/21
• Refer: 4/21/21
• Report Pass: 4/27/21
• Refer: 4/29/21
• Refer: 5/19/21
• Report Pass: 5/20/21
• Engrossed: 6/2/21
• Refer: 6/3/21
• Refer: 6/16/21
• Report Pass: 6/23/21
• Refer: 6/23/21
• Report Pass: 7/1/21
• Refer: 7/5/21
• Report Pass: 7/14/21
• Refer: 7/14/21
• Report Pass: 8/16/21
• Refer: 8/16/21
• Refer: 8/23/21
• Report Pass: 8/26/21
• Enrolled: 9/2/21
• Chaptered: 9/28/21
• Passed: 9/28/21

Caption

Covenants and restrictions: affordable housing.

Impact

The passage of AB 721 would significantly alter the landscape of housing policy in California by eliminating the enforceability of covenants that have historically discriminated against lower-income residents and perpetuated racial segregation. By establishing clear guidelines for modifying restrictive covenants that prevent affordable housing development, the bill empowers developers and municipalities to push forward projects aimed at increasing the availability of affordable units. Moreover, the bill states that ensuring affordable housing is a matter of statewide concern, placing housing issues beyond the jurisdiction of local municipalities under certain conditions.

Summary

Assembly Bill 721, introduced by Assemblymember Bloom, focuses on addressing the challenges posed by restrictive covenants that limit the development of affordable housing in California. Specifically, the bill aims to render unenforceable any existing recorded covenants, conditions, restrictions, or limits on private or publicly owned land that impede the construction or occupancy of affordable housing developments. This modification is applicable statewide, reinforcing the necessity for equitable access to affordable housing while overcoming historical barriers that these restrictive covenants have created.

Sentiment

The sentiment surrounding AB 721 appears to be largely supportive, particularly among proponents of affordable housing and anti-discrimination advocates who see the bill as a necessary step towards remedying past injustices in housing policy. However, some stakeholders may express concern about overreaching state intervention in local land use decisions. Despite potential pushback from those who favor local control over land use, advocates argue that the pressing need for affordable housing warrants this level of intervention. The overall sentiment conveyed in legislative discussions is one of urgency and a call for action to address the housing crisis in California.

Contention

Notable points of contention include concerns from opponents that the bill may undermine local government authority and discretion in land use matters, potentially leading to tensions between state mandates and local regulations. Discussion also highlights the balance needed to protect historical and community interests while pushing for modernization of housing policy. Additionally, challenges related to the enforcement of these modifications and the provision for state reimbursement to local agencies for any associated costs could arise as implementation issues once the bill is enacted.