BILL ANALYSIS Ó
AB 1103
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1103 (Huffman)
As Amended July 12, 2011
Majority vote
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|ASSEMBLY: |77-0 |(May 19, 2011) |SENATE: |38-0 |(August 15, |
| | | | | |2011) |
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Original Committee Reference: H. & C.D.
SUMMARY : Adds units on foreclosed property to the types of
existing units a local government can count towards meeting
housing element obligations if it provides funding to make the
units affordable to low- and very low-income households for at
least 40 years.
The Senate amendments :
1)Delete language adding second units to the types of existing
units a local government can count towards meeting housing
element obligations under specified conditions.
2)Specify that in order for a local government to count existing
units on foreclosed property toward meeting its share of the
regional housing need, at least an equal number of
new-construction multifamily rental units affordable to lower
income households must have been constructed in the city or
county within the same planning period.
3)Delete language stating the intent of the Legislature to
examine whether the default densities in Housing Element Law
can be adjusted for some jurisdictions without impeding the
attainment of the state housing goal.
4)Add uncodified language encouraging the Department of Housing
and Community Development's Housing Element Working Group to
discuss the default densities in Housing Element Law.
AS PASSED BY THE ASSEMBLY , this bill added both units on
foreclosed property and second units to the types of existing
units a local government can count towards meeting housing
element obligations under conditions.
AB 1103
Page 2
FISCAL EFFECT : None
COMMENTS : Every local government is required to prepare a
housing element as part of its general plan. The housing
element process starts when the Department of Housing and
Community Development (HCD) determines the number of new housing
units a region is projected to need at all income levels (very
low-, low-, moderate-, and above moderate) over the course of
the next housing element planning period to accommodate
population growth and overcome existing deficiencies in the
housing supply. This number is often referred to as the
regional housing needs assessment (RHNA) number. The council of
government (COG) for the region, or HCD for areas with no COG,
then assigns a share of the RHNA to every city and county in the
region based on a variety of factors.
In preparing its housing element, a city or county must show how
it plans to accommodate its share of the RHNA. The housing
element must include an inventory of sites already zoned for
housing. If a jurisdiction does not have enough sites within
its existing inventory of residentially zoned land to
accommodate its entire RHNA, then it must adopt a program to
rezone additional land within the first three years of the
planning period. This requirement ensures an adequate supply of
land for the construction of new housing.
Existing law includes a limited exception to the zoning
requirement by allowing jurisdictions to accommodate up to 25%
of their RHNA share by making certain existing housing units
affordable to low- and very low-income households for 20 to 55
years depending on the type of unit. Eligible units include
units that are substantially rehabilitated, units in multifamily
complexes that are not currently affordable, and units in an
assisted housing development (such as public housing) that are
at risk of conversion to market rate or to another use. To
count units within this 25% cap, the jurisdiction must provide
"committed assistance," meaning that the city or county must
enter into a legally enforceable agreement that obligates
sufficient funds to make the identified units affordable for the
required time period.
This bill adds units on foreclosed property to the types of
existing units a local government can count towards
accommodating up to 25% of its RHNA, if it provides funding to
make the units affordable to low- and very low-income households
AB 1103
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for at least 40 years. The bill also specifies that for the
units on foreclosed property to count, at least an equal number
of new-construction multifamily rental units affordable to lower
income households must have been constructed in the city or
county within the same planning period.
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085
FN:
0001733