Housing Accountability Act: housing development projects.
Impact
The bill's implications for state law are significant, as it seeks to reinforce affordable housing provisions by restricting local agencies' powers to disapprove housing projects without substantial evidence. Existing challenges in California's housing market, including discrimination against low-income households and rising costs, are acknowledged in the legislative findings. This bill aims to facilitate the approval process for housing developments targeted at very low, low-, and moderate-income households by reducing local discretion in land use decisions, which may improve overall housing availability across California.
Summary
Senate Bill 838, introduced by Senator Durazo, amends Section 65589.5 of the Government Code, which pertains to the Housing Accountability Act. This legislation aims to redefine the parameters of housing development projects, particularly mixed-use developments, to ensure that a significant proportion (at least two-thirds) of the new or converted square footage is strictly allocated for residential use. Furthermore, the bill stipulates that such projects cannot designate any part of their development for transient lodging, including hotels and motels. This requirement is retroactive and applies to applications that have not been finalized as of January 1, 2025.
Sentiment
The sentiment surrounding SB 838 appears to be broadly supportive among advocates of affordable housing, as it seeks to address the pressing crisis of housing supply and affordability within the state. However, there are concerns about potential pushback from local governments that might feel their ability to regulate land use is being undermined. Proponents view the bill as a necessary step toward alleviating the housing crisis, while opponents worry it could lead to unwanted development and loss of local control over urban planning.
Contention
Notable points of contention arise around the bill's retroactive application and its stringent restrictions on mixed-use projects. Local agencies may argue that the bill imposes undue limitations on their ability to adapt regulations to local contexts, particularly when balancing housing needs with the interests of residential and commercial stakeholders. The requirement to eliminate transient lodging within mixed-use developments is a specific area of debate, as it could limit the diversity of housing options available in densely populated areas and may not reflect community needs adequately.