BILL ANALYSIS Ó
AB 2584
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
AB 2584
(Daly) - As Introduced February 19, 2016
SUBJECT: Land use: housing development
SUMMARY: Authorizes an entity representing a housing provider
or potential tenant to act to enforce the Housing Accountability
Act (HAA). Specifically, this bill: Adds to the list of those
eligible to bring an action to enforce the HAA to include an
entity that represents a housing provider or a person who would
be eligible for residency in the proposed development.
EXISTING LAW:
1)Defines "housing development project" to mean a use consisting
of any of the following:
a. Residential units only.
b. Mixed-use developments consisting of residential and
nonresidential uses as specified.
c. Transitional housing or supportive housing.
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2)Defines "disapprove the development project" to include any
instance in which a local agency either:
a. Votes on a proposed housing development project and
the application is disapproved; or
b. Fails to comply with the required time period for
approval or disapproval required by law.
3)Prohibits a local agency from disapproving a proposed housing
development project for very low-, low-, or moderate-income
households or an emergency shelter unless it makes written
findings as specified.
a. The jurisdiction has adopted and revised its housing
element as required by law and has met its share of the
regional housing need allocation.
b. The proposed development project would have a
specific adverse impact upon public health or safety that
cannot be mitigated without rendering the development
unaffordable or shelter infeasible.
c. The denial of the proposed development project is
required to comply with specific state or federal law and
there is no feasible method to comply without rendering
the development unaffordable or shelter infeasible.
d. The development project or emergency shelter is
proposed on land that does not have adequate water or
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waste water facilities, or is zoned for agriculture or
resource preservation as specified.
e. The proposed development project or emergency
shelter is inconsistent with both the jurisdiction's
zoning ordinance and general plan land use designation as
specified in any element of the general as it existed on
the date the application was deemed complete.
4)Requires, if a jurisdiction denies approval or imposes
restrictions that have a substantial adverse effect on the
viability or affordability of a housing development for very
low-, low-, or moderate-income households and is the subject
of a court action which challenges the denial, the burden of
proof to be on the local legislative body
5)Authorizes the applicant or any person who would be eligible
to apply for residency in the proposed development or
emergency shelter to bring an action to enforce the Housing
Accountability Act.
FISCAL EFFECT: Unknown
COMMENTS:
Current housing element law requires each local jurisdiction to
identify and analyze existing and projected housing needs,
identify adequate sites with appropriate zoning to meet the
housing needs of all income segments of the community, and
ensure that regulatory systems provide opportunities for, and do
not unduly constrain, housing development. To the extent that a
community does not have adequate sites within its existing
inventory of residentially zoned land, then the community must
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adopt a program to rezone land at appropriate densities to
accommodate the community's housing need for all income groups.
Current law, the HAA, requires a city or county to make one of
the following findings, based on substantial evidence in the
record, in order to disapprove an affordable housing project:
1)The city or county has adopted an updated housing element in
substantial compliance with the law, and the community has met
its share of the regional housing need for that income
category.
2)The project would have a specific, adverse impact on the
public health or safety, and there is no way to mitigate or
avoid the impact.
3)The denial is required to comply with state or federal law.
4)The project is located on agricultural or resource
preservation land that does not have adequate water or waste
water facilities.
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5)The jurisdiction has identified sufficient and adequate sites
to accommodate its share of the regional housing need and the
project is inconsistent with both the general plan land use
designation and the zoning ordinance.
Under current law, if a project was disapproved in violation of
the HAA, only the project developer or an eligible tenant of the
proposed development may bring action against the jurisdiction
to enforce the provisions of the Act. AB 2584 would expand the
enforcement provision of the HAA by also allowing groups that
represent tenants or housing providers to bring a legal action
when a local government fails to comply with the Act.
Purpose of the bill: According to the author: "For nearly 30
years, California's Housing Accountability Act has been a tool
to ensure that new housing gets constructed. Under the HAA,
local governments must follow certain legal mandates before
denying a housing development application. AB 2584 would
strengthen the HAA by expanding the list of those who can help
enforce its provisions."
Arguments in support: According to the sponsor the California
Apartment Association: "California is in the midst of an
unprecedented housing crisis caused by a severe lack of new
housing construction, both market rate and affordable. One of
the most significant barriers to the construction of new
affordable housing is unjustified local resistance from NIMBY
(Not in My Backyard) groups? AB 2584 applies appropriate
pressure on local governments and citizens who attempt to stop
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the projects with no good cause. Ultimately, allowing
organizations that represent housing or tenant interests to
enforce the HAA will help combat NIMBY concerns and lead to the
construction of more housing."
Arguments in opposition: According to the League of California
Cities: "This is a serious expansion of the law. If a city has
violated the law, then the developer should be the first person
to bring legal action. Such a person will, in most cases, be
represented by an "entity that represents people eligible to
live in the housing." Allowing those entities to sue on their
own means disconnecting the city's decision from the people that
it affects."
Staff comments: AB 2584 expands the enforcement provision of
the HAA by allowing an "entity representing a housing provider"
to bring legal action, however this is not well-defined. The
committee may wish to consider the following amendment to more
clearly define the scope of the bill:
On page 8, line 21, delete and replace "an entity representing a
housing provider or a person who would be eligible to apply for
residency." with "a housing organization".
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Add: "A housing organization" means a trade or industry group
whose local members are primarily engaged in the construction or
management of affordable housing units, or a non-profit
organization whose mission includes providing or advocating for
increased access to affordable housing for low-income
households.
Double referred: If AB 2584 passes this committee, the bill will
be referred to the Committee on Judiciary.
REGISTERED SUPPORT / OPPOSITION:
Support
California Apartment Association (Sponsor)
Apartment Association of Greater Los Angeles
California Rural Legal Assistance Foundation
Santa Barbara Rental Property Association
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Western Center on Law & Poverty
Opposition
League of California Cities
Analysis Prepared by:Ken Spence / H. & C.D. / (961) 319-2085,
Ken Spence / H. & C.D. / (916) 319-2085