BILL ANALYSIS Ó
AB 2584
Page 1
ASSEMBLY THIRD READING
AB
2584 (Daly)
As Amended April 25, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Housing |6-1 |Chiu, Steinorth, |Beth Gaines |
| | |Burke, Chau, Lopez, | |
| | |Mullin | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |9-0 |Mark Stone, Wagner, | |
| | |Alejo, Chau, Chiu, | |
| | |Cristina Garcia, | |
| | |Holden, Maienschein, | |
| | |Ting | |
| | | | |
| | | | |
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SUMMARY: Authorizes a "housing organization" to enforce the
Housing Accountability Act (HAA). Specifically, this bill
defines "housing organization" to mean a trade or industry group
whose local members are primarily engaged in the construction or
management of affordable housing units or a nonprofit
AB 2584
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organization whose mission includes providing or advocating for
increased access to affordable housing for low-income
households.
FISCAL EFFECT: None
COMMENTS:
Existing 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
adopt a program to rezone land at appropriate densities to
accommodate the community's housing need for all income groups.
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.
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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.
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 existing 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 HAA. This bill would expand
the enforcement provision of the HAA by also allowing a "housing
organization" to bring a legal action when a local government
fails to comply with the HAA. The bill defines housing
organization to mean a trade or industry group whose local
members are primarily engaged in the construction or management
of affordable housing units or a nonprofit organization whose
mission includes providing or advocating for increased access to
affordable housing for low-income households.
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."
AB 2584
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Analysis Prepared by:
Ken Spence / H. & C.D. / (916) 319-2085 FN: 0002873