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To help jurisdictions better understand potential new legislation from the State, 21 Elements has prepared a summary of housing related bills.  Because there are more than 30 relevant bills, they are ranked into three tiers. Tier 1 are important bills that stakeholders may want to understand and follow. Tier 2 are bills that stakeholders may benefit by knowing about. Tier 3 are relevant, but less important to track.

Click here for an Excel version. 





AB 71

Affordable housing funding

Provides $300 million in funding for affordable housing by eliminating the state mortgage interest deduction on vacation homes. Link


AB 494


Clarifies and refines last year’s ADU legislation. Link


AB 879

Additional non-governmental constraints info in HE

As part of the Housing Element Governmental Constraints section, cities must examine the time to approve development applications. Link


AB 943

Initiatives that restrict growth

Requires that ordinances submitted to voters that curb, delay, or deter growth or development require a 2/3 vote majority. Link


AB 1156

Housing site/production update info in annual report to

Amends Housing Element APRs to include the number of housing units at each income level remaining to be accommodated within the planning period. Link


AB 1397

Realistic designation of HE adequate sites    

Makes a number of significant changes to the available sites inventory of housing elements. To comply San Mateo County jurisdictions may need to rezone sites or pass new laws. Among other changes:

          Sites that were listed in previous HE land inventories, but did not get redeveloped must be rezoned to allow affordable housing by right, if they are to be used in the next HE.

      Only sites that have water and other infrastructure, or will have it within three years of the adoption of the HE may be counted

      Small sites (under one acre) and large sites (over ten acre) have additional restrictions

         Sites must identify the capacity for all income levels; and

      Sites with existing uses require additional analysis.

      Redeveloped sites must have a one for one replacement policy for any affordable housing that was lost.



AB 1505

Inclusionary Housing

Clarifies local governments’ ability to adopt inclusionary housing requirements for new market-rate rental developments (aka the “Palmer Fix” for Inclusive Neighborhoods). Link


SB 2

Affordable housing funding

Establishes a permanent source of funding for affordable housing through a $75 fee on real estate document filings. Link


SB 3

Affordable housing funding – Statewide bonds

Places a $3 billion statewide general obligation bond for affordable housing on the November 2018 ballot to fund affordable housing programs. Link


SB 35

RHNA, streamlined approval,

Requires cities that have failed to meet their RHNA numbers to use a streamlined, ministerial approval process for infill developments. Link


SB 166


Requires that cities available land inventory meet their RHNA requirements throughout the Housing Element period. Link


SB 697

 Development fees

Requires cities that fail to meet the annual reporting requirements of the Mitigation Fee Act to stop collecting impact fees. Link



Affordable housing funding – Local Bonds

Allows local governments to pass affordable housing and infrastructure bonds with a 55% vote. Link


AB 72

Enforcement of housing laws

Appropriates money to the Attorney General to enforce housing laws, including Housing Element law. Link


AB 167

Approval process

Extends the provisions of the Housing Accountability Act (HAA) to apply to above moderate-income developments. To deny a project, the findings must be based on clear and convincing evidence in the record. Changes other procedures in the HAA as well. Link


AB 199

Prevailing wages

Requires payment of prevailing wage for certain subsidized housing projects. Link


AB 352

Square footage of efficiency units

Prevents cities from requiring efficiency units to be larger than 150 sf and limits cities ability to regulate efficiencies in certain locations. Link


AB 565

Alternative building regulations for artists’ housing

Requires cities to adopt new regulations permitting artist housing. Link


AB 686

Affirmatively further fair housing

Requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing. Link


AB 886

Safe Creative Live & Work Act

Requires cities to establish live work spaces. Requires landlords to register and renovate illegal buildings. Link


AB 1157

Teacher Housing

Allows school districts to prioritize the use of surplus property for school employee housing. Link


AB 1350

RHNA subregions

Changes the timing for forming subregions and assignment of RHNA, so it is approximately 4 months closer to the time when Housing Elements are due. Link


AB 1506

Costa Hawkins

Repeals Costa Hawkins limits on rent control. Link


AB 1515

Housing Accountability Act

Adopts a “reasonable person” standard for determining if a housing development is consistent with the Housing Accountability Act. Link


AB 1521

Affordable housing

Requiring entities purchasing buildings with expiring deed-restrictions to be: Headquartered in California, certified by HCD to manage affordable housing, and attempt to renew any expiring deed-restrictions and extend subsidies. Link


AB 1585

 Affordable housing, streamlined approval

Establishes in all jurisdictions an affordable housing zoning board and procedures by which a developer proposing to build affordable housing could submit to that board a single application for a comprehensive conditional use or other discretionary permit. Similar to current law in Massachusetts. Link


AB 1598

Tax Increment Financing, affordable housing finance

Authorizes local jurisdictions to create investment authorities to promote the creation of affordable housing through tax-increment financing. Link


SB 469

RHNA, Sites inventory

Requires cities to continue to meet their RHNA during the entire housing element cycle, not just at the start.


SB 780


Revises water efficient landscape ordinance standards. Link


AB 30

Specific plans

Legislation unclear and likely to change. Authorizes cities to produce infill plans.  Link


AB 73

Funding, streamlined approval, TOD

Encourages the creation of housing on infill sites around public transportation by providing financial payments to local governments that create Housing Sustainability Districts. Creating a district involves by right zoning for housing at specified densities and completing district-wide environmental review. Link


AB 423

Residential Hotel Protections

Allows Oakland to regulate and prevent evictions in SROs. Link


AB 663

Short term vacation rentals, coastal zone

Does not allow overnight rentals to be regulated in regards to income of the guest or price of the room, in the coastal zone. Link


AB 678

Approval process

Does not allow fees if they make a project infeasible. Burden of proof is on cities. Link


AB 890


Closes a loophole that allowed developers to use referendums to avoid CEQA rules. Link


AB 1404


Expand CEQA infill exemption to unicorporated parts of counties. Link


AB 1568

Minor edits

Non-substantive edits for clarity regarding the findings and declarations regarding the important of housing. Link


AB 1670

Tax credit for affordable housing developers

Spot bill. Language to be developed. Link


SB 277

Inclusionary Zoning

Allows cities to adopt incusionary zoning for rental properties. Considered less likely to move than AB 1505. Link


SB 540

Streamlined approval

Provides loans to cities that adopt Workforce Housing Overlay Zones (WHOZ), which can be repaid by a fee on new development in the zone. Cities would be prohibited from denying development in the WHOZ unless it meets certain criteria. Link


Note: This list is not intended to provide a comprehensive summary of all the pending legislation, nor is it intended to fully summarize the details of the bills.  In some cases, the bill summaries are copied from Nonprofit Housing Association of California, Housing California or the legislative council’s digest. We also referenced CA APA legislative watch list.