BILL ANALYSIS                                                                                                                                                                                                    

                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 2584           Hearing Date:    6/21/2016
          |Author:   |Daly                                                  |
          |Version:  |6/14/2016                                             |
          |Urgency:  |No                     |Fiscal:      |No              |
          |Consultant|Alison Dinmore                                        |
          |:         |                                                      |

          SUBJECT:  Land use:  housing development

            DIGEST:  This bill authorizes a "housing organization," as  
          defined, to enforce the Housing Accountability Act (HAA). 

          Existing law, under the Housing Accountability Act (HAA):
          1)Requires cities and counties, under existing planning and  
            zoning law, to prepare and adopt a general plan, including a  
            housing element, to guide the future growth of a community.   
            The housing element shall consist of an identification and  
            analysis of existing and projected housing needs and a  
            statement of goals, policies objectives, financial resources  
            and scheduled programs for the preservation, improvement, and  
            development of housing. 

          2)Requires the local jurisdiction, to the extent that it does  
            not have adequate sites within its existing inventory of  
            residentially zoned land, to adopt a program to rezone land at  
            appropriate densities to accommodate the community's housing  
            need for all income groups.

          3)Requires a city or county, to disapprove an affordable housing  
            project, to make one of the following findings, based upon  
            substantial evidence in the record:

             a)   The city or county has adopted an updated housing  


          AB 2584 (Daly)                                      Page 2 of ?
               element in substantial compliance with the law, and the  
               community met its share of the regional housing need for  
               that income category.

             b)   The project will have a specific, adverse impact on the  
               public health or safety and there is no way to mitigate or  
               avoid the impact.

             c)   The denial is required to comply with state or federal  
             d)   The project is located on agricultural or resource  
               preservation land that does not have adequate water or  
               waste water facilities.

             e)   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.

          This bill authorizes a "housing organization" to enforce the  
          HAA.  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 organization whose mission includes providing or  
          advocating for increased access to affordable housing for  
          low-income households.  


          1)Purpose. According to the author, developers may be reluctant  
            to challenge local noncompliance of the HAA because they often  
            build multiple projects within the same city or county over a  
            number of years.  For this reason, developers may find it is  
            in their long-term best interest to maintain a good  
            relationship with the city or county by not challenging it on  
            any particular project.  As a project's developer may be  
            reluctant to assert its eligibility for approval, it could be  
            beneficial to ensure that other interested parties - such as  
            potential residents of the development, affected residents of  
            the locality or region, or organizations that advocate for  
            more home building - are able to bring these challenges. This  
            bill would authorize a housing organization to bring an action  
            to enforce the HAA. 

          2)Housing Accountability Act (HAA).  The purpose of the HAA is  


          AB 2584 (Daly)                                      Page 3 of ?
            to limit the ability of local agencies to reject or make  
            infeasible housing developments without a thorough analysis of  
            the economic, social, and environmental effects of the action.  
             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 suit against the  
            jurisdiction to enforce the provisions of the Act.  This bill  
            would expand the enforcement of the provisions of the HAA to  
            also allow housing organizations to bring a legal action when  
            a local government fails to comply with the Act.  

          3)Opposition.  According to the League of California Cities,  
            this bill 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 and will, in many cases, be  
            represented by an "entity that represents people eligible to  
            live in the housing."  Allowing those entities to sue on their  
            own means disconnects the city's decision from the people it  

          Assembly Votes:

               Floor:    64-9
               Jud:           9-0
               H&CD: 6-1
          Related Legislation:
          AB 2208 (Santiago) - add to the list of types of sites that a  
          local government can identify as suitable for residential  
          development in the housing element.  This bill is also being  
          heard in the Senate Transportation and Housing Committee. 

          AB 2865 (Lopez) - requires a local planning agency staff to  
          collect and compile public comments and provide them to each  
          member of the legislative body prior to the adoption of the  
          housing element.  This bill is also being heard in the Senate  
          Transportation and Housing Committee.

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  No    Local:  

            POSITIONS:  (Communicated to the committee before noon on  


          AB 2584 (Daly)                                      Page 4 of ?
                          June 15, 2016.)

          California Apartment Association (sponsor)
          Apartment Association of Greater Los Angeles
          California Rural Legal Assistance Foundation
          Santa Barbara Rental Property Association
          Western Center on Law and Poverty


          League of California Cities

                                      -- END --