The proposed changes would significantly impact how local housing developments can navigate existing restrictive covenants. By formalizing the ability to disregard certain restrictions in place for affordable housing and other new constructions, AB 1050 aims to facilitate the development of more housing in California, which is particularly crucial amid the ongoing housing crisis. Moreover, the bill delineates that no reimbursement is required from local agencies and school districts for costs incurred under this new mandate, although it does impose additional duties on county officials, classifying it as a state-mandated local program.
Summary
Assembly Bill 1050, introduced by Assembly Member Schultz along with coauthors Assembly Members Petrie-Norris and Wicks, seeks to amend Section 714.6 of the California Civil Code to address the enforcement of unlawfully restrictive covenants related to housing developments. The bill proposes that recorded covenants, conditions, and restrictions on land use prohibiting or limiting the number, size, or location of residences will not be enforceable against owners of affordable housing projects that have filed an approved restrictive covenant modification. Importantly, this legislation aims to broaden the application of exemption from such covenants to include housing developments owned by entities or individuals who have submitted development applications for the redevelopment of existing commercial properties into residential properties, thus promoting housing opportunities in areas previously restricted by outdated covenants.
Sentiment
Overall, the sentiment surrounding AB 1050 is varied, reflecting a mix of support from housing advocates and concerns from local governments and property rights proponents. Supporters argue that the bill is a necessary measure to unlock valuable land for affordable housing development, thus contributing to alleviating housing shortages. In contrast, opponents fear that extending exemptions to covenants may lead to a reduction in local control over land-use decisions and could encourage overdevelopment, undermining established community zoning and planning efforts.
Contention
Key points of contention include concerns regarding the balance of state versus local governance especially in terms of housing regulations, as local governments express unease about potential overreach by state legislation. The bill's implications for commercially zoned properties transitioning to residential use also opens a debate about how such changes might affect community dynamics and infrastructure planning. Nonetheless, advocates maintain that the need for additional housing supersedes these concerns as California continues to grapple with significant housing shortages and affordability issues.
Local government: infrastructure financing districts: Reinvestment in Infrastructure for a Sustainable and Equitable California (RISE) districts: housing development: restrictive covenants.