BILL ANALYSIS Ó
AB 2584
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CONCURRENCE IN SENATE AMENDMENTS
AB
2584 (Daly)
As Amended June 27, 2016
Majority vote
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|ASSEMBLY: |64-9 |(May 9, 2016) |SENATE: | 36-0 |(August 15, |
| | | | | |2016) |
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Original Committee Reference: H. & C.D.
SUMMARY: Authorizes a "housing organization," as defined, to
enforce specified provisions of the Housing Accountability Act
(HAA).
The Senate amendments:
1) Add a co-author
2) Define "housing organization" as a trade or industry
group whose local members are primarily engaged in the
construction or management of housing units or a nonprofit
organization whose mission includes providing or advocating
for increased access to housing for low-income households
and have filed written or oral comments with the local
agency prior to action on the project.
AB 2584
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3) Provide that a housing organization may only file an
action pursuant to the HAA to challenge the disapproval of
a housing development by a local agency.
FISCAL EFFECT: None
COMMENTS:
The purpose of the HAA, referred to colloquially as the
"Anti-NIMBY law," is 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. 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 existing law, if a project is disapproved in violation of
the HAA, only the project developer or an eligible tenant of the
proposed development may bring an action against the
jurisdiction to enforce the provisions of the HAA. This bill
would expand the enforcement provisions of the HAA by also
allowing a "housing organization" to bring a legal action when a
local government disapproves a housing development.
Senate amendments define "housing organization" as a trade or
industry group whose local members are primarily engaged in the
construction or management of housing units or a nonprofit
organization whose mission includes providing or advocating for
increased access to housing for low-income households and have
filed written or oral comments with the local agency prior to
action on the project. Senate amendments also provide that a
housing organization may only file an action pursuant to the HAA
to challenge the disapproval of a housing development by a local
agency.
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."
Analysis Prepared by:
Rebecca Rabovsky / H. & C.D. / (916) 319-2085
FN:
0003666
AB 2584
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