California 2025-2026 Regular Session

California Senate Bill SB838

Introduced
2/21/25  
Refer
3/12/25  
Refer
3/26/25  
Refer
3/27/25  
Refer
4/2/25  
Report Pass
4/23/25  
Refer
4/23/25  
Report Pass
4/23/25  
Refer
5/1/25  
Report Pass
5/7/25  
Refer
4/23/25  
Refer
5/1/25  
Report Pass
5/7/25  
Engrossed
6/2/25  
Report Pass
5/7/25  
Refer
6/9/25  
Report Pass
7/16/25  
Refer
7/16/25  

Caption

Housing Accountability Act: housing development projects.

Impact

The bill seeks to enhance the effectiveness of the Housing Accountability Act by reinforcing the prohibition against local agencies disapproving housing projects that serve very low, low-, or moderate-income households without substantial evidence of specific adverse impacts. Such protections are designed to counteract the tendencies of some local governments to deny necessary housing developments, thereby aiding in the alleviation of California's housing supply crisis, which has been exacerbated by local policies limiting residential project approvals.

Summary

Senate Bill 838, introduced by Senator Durazo on February 21, 2025, aims to amend the Housing Accountability Act to address California's acute housing crisis. The bill revises the definition of a 'housing development project' to clarify that for mixed-use developments, no part of the project can be designated for use as a hotel or transient lodging if at least two-thirds of the space is designated for residential use. This change reflects an intention to increase the proportion of permanent housing in developments and address the pressing need for affordable housing across the state.

Sentiment

The legislative sentiment regarding SB 838 appears to be predominantly supportive, particularly among pro-housing advocates and organizations concerned with the homelessness crisis in California. However, there may also be opposition from local agencies and community groups who fear that the bill may undermine local governance and oversight related to land use. Discussions have indicated a focus on balancing local control with the urgent need for greater housing development across various income levels to combat ongoing affordability and accessibility challenges.

Contention

Key points of contention surrounding SB 838 revolve around its potential to limit local agencies' authority to regulate land use in a way that is, according to critics, necessary for managing local conditions and community needs. Proponents argue that the necessity of addressing the housing crisis supersedes these concerns, as the existing framework has not sufficiently alleviated the dramatic shortage of affordable housing in California. Additionally, some lawmakers express concerns about the implications of defining and restricting 'transient lodging' in mixed-use developments.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1893

Housing Accountability Act: housing disapprovals: required local findings.

CA AB1886

Housing Element Law: substantial compliance: Housing Accountability Act.

CA SB450

Housing development: approvals.

CA AB1633

Housing Accountability Act: disapprovals: California Environmental Quality Act.

CA AB1413

Housing Accountability Act: disapprovals: California Environmental Quality Act.

CA AB1490

Affordable housing development projects: adaptive reuse.

CA SB393

Civil actions: housing development projects.

CA AB3116

Housing development: density bonuses: student housing developments.

CA AB2243

Housing development projects: objective standards: affordability and site criteria.

CA AB1630

Planning and zoning: housing development approvals: student housing projects.

Similar Bills

CA AB609

California Environmental Quality Act: exemption: housing development projects.

CA AB1184

Department of Housing and Community Development: annual report: Homeless Housing, Assistance, and Prevention program.

CA AB698

Local taxation: real property transfers.

CA AB1308

Residential building permits: inspections: Housing Accountability Act.

CA AB1276

Housing developments: ordinances, policies, and standards.

CA SB457

Housing element compliance: Housing Accountability Act: housing disapprovals.

CA AB1413

Housing Accountability Act: disapprovals: California Environmental Quality Act.

CA AB1294

Planning and zoning: housing development: standardized application form.