The Teeth! Consequences of Housing Element non-compliance

Cities are reeling from their new, higher housing allocations. Some cities are saying that they can’t possibly zone for their new allocation. [For potentially over 100 cities that have voter passed growth controls, they may be right, more on that in a future post].

What are the consequences for a city that is unable to pass a housing element, or unable to get HCD to certify their housing element? CLICK HERE TO FIND OUT and share this easy to understand reference with whoever you think needs to see it.

The most well known, and immediate consequence is that the city will no longer qualify for several state and even federal grant programs. This consequence is immediate. No lawsuit necessary. By not being certified they are automatically disqualified, or else they may lose points on their applications for funding.

The least well known consequence, but most exciting for YIMBYs, is that (per the HAA) if a city does not have a certified housing element, the city has to approve ANY proposed housing development that includes 20% low income units, irrespective of the zoning or general plan designation (the tenant protecting demolition controls in Section 66300(d) still apply). You read that right, yes, it is exactly as epic as it sounds.

Watch this space for our next blog post, which will list and discuss the 100 or so cities that are going to have the hardest time passing a certified housing element, and few dozen cities that currently don’t have a certified housing element.

Happy Purim! Happy Lunar New Year!
Have a great weekend.

Links to relevant resources:
California Code, Government Code - GOV § 65755
2015 Memo prepared for Los Gatos’ Housing Element Advisory Board on the consequences of non-compliance
2013 list of Housing Element Litigation results prepared for Menlo Park by Goldfarb & Lipman