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'''California Assembly Bill 72 (AB 72)''' is a 2017 ] statute which grants the ] (HCD) enforcement authority with respect to four statutes: the ], ], fair housing law (Section 65008 of the Government Code) and the "no net loss" requirements for replacing housing element sites that are not developed as projected (Section 65863 of the Government Code). The law requires the department to notify both a local government and the ] of the local government's specified violation of the aforementioned laws as well as need for enforcement, and for the Attorney General to sue the offending government.<ref>{{Cite web |title=California's 2024 Housing Laws: What You Need to Know {{!}} Insights {{!}} Holland & Knight |url=https://www.hklaw.com/en/insights/publications/2023/10/californias-2024-housing-laws-what-you-need-to-know |access-date=2024-11-28 |website=www.hklaw.com |language=en}}</ref><ref>{{Cite web |title=Accountability and Enforcement {{!}} California Department of Housing and Community Development |url=https://www.hcd.ca.gov/planning-and-community-development/accountability-and-enforcement |access-date=2024-12-03 |website=www.hcd.ca.gov}}</ref><ref>{{Cite web |title=AB 72- CHAPTERED |url=https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB72 |access-date=2024-12-11 |website=leginfo.legislature.ca.gov |language=en}}</ref> '''California Assembly Bill 72 (AB 72)''' is a 2017 ] statute which amends the Planning and Zoning Law to grant the ] (HCD) enforcement authority with respect to four statutes: the ], ], fair housing law (Section 65008 of the Government Code) and the "no net loss" requirements for replacing housing element sites that are not developed as projected (Section 65863 of the Government Code). The law requires the department to notify both a local government and the ] of the local government's specified violation of the aforementioned laws as well as need for enforcement, and for the attorney general to sue the offending government in state court.<ref>{{Cite web |title=California's 2024 Housing Laws: What You Need to Know {{!}} Insights {{!}} Holland & Knight |url=https://www.hklaw.com/en/insights/publications/2023/10/californias-2024-housing-laws-what-you-need-to-know |access-date=2024-11-28 |website=www.hklaw.com |language=en}}</ref><ref>{{Cite web |title=Accountability and Enforcement {{!}} California Department of Housing and Community Development |url=https://www.hcd.ca.gov/planning-and-community-development/accountability-and-enforcement |access-date=2024-12-03 |website=www.hcd.ca.gov}}</ref><ref>{{Cite web |title=AB 72- CHAPTERED |url=https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB72 |access-date=2024-12-11 |website=leginfo.legislature.ca.gov |language=en}}</ref>


The law expanded the powers of the HCD in the construction of affordable housing. The bill was signed into law by Governor ] on September 29, 2017. The law expanded the powers of the HCD in the construction of affordable housing. The bill was signed into law by Governor ] on September 29, 2017.


== Amendments and related legislation == == Amendments and related legislation ==
AB 215 was signed by Governor ], extending Housing Crisis Act (SB 330, 2019), the Affirmatively Furthering Fair Housing (AFFH) policies (AB 686), SB 35 Streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101).<ref>{{Cite web |title=California's 2022 Housing Laws: What You Need to Know {{!}} Insights {{!}} Holland & Knight |url=https://www.hklaw.com/en/insights/publications/2021/10/californias-2022-housing-laws-what-you-need-to-know |access-date=2024-12-11 |website=www.hklaw.com |language=en}}</ref><ref>{{Cite web |title=AB 215- CHAPTERED |url=https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB215 |access-date=2024-12-11 |website=leginfo.legislature.ca.gov |language=en}}</ref> AB 215 was signed by Governor ] on September 28, 2021, extending HCD's list of laws to notify the attorney general of violations to the Housing Crisis Act (SB 330, 2019), the Affirmatively Furthering Fair Housing (AFFH) policies (AB 686), SB 35 Streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101). In addition, the law allows the HCD the ability to hire or appoint other counsel if the attorney general does not pursue action against a local agency regarding a violation.<ref>{{Cite web |title=California's 2022 Housing Laws: What You Need to Know {{!}} Insights {{!}} Holland & Knight |url=https://www.hklaw.com/en/insights/publications/2021/10/californias-2022-housing-laws-what-you-need-to-know |access-date=2024-12-11 |website=www.hklaw.com |language=en}}</ref><ref>{{Cite web |title=AB 215- CHAPTERED |url=https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB215 |access-date=2024-12-11 |website=leginfo.legislature.ca.gov |language=en}}</ref>


AB 434 was signed by Newsom on October 11, 2023, expanding the HCD's enforcement powers to enforce the streamlining of ] (SB 9) projects concerning ministerial processing of lot splits in single-family residential zones, along with the streamlining of projects which fall under the ], ] (2022), ] (2023), ] (2023) and AB 1218 (2023).<ref>{{Cite web |title=AB 434- CHAPTERED |url=https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB434#:~:text=This%20bill%20would%20also%20authorize,of%20higher%20education%20or%20religious |access-date=2024-12-11 |website=leginfo.legislature.ca.gov |language=en}}</ref> AB 434 was signed by Newsom on October 11, 2023, expanding the HCD's enforcement powers to enforce the streamlining of ] (SB 9) projects concerning ministerial processing of lot splits in single-family residential zones, along with the streamlining of projects which fall under the ], ] (2022), ] (2023), ] (2023) and AB 1218 (2023).<ref>{{Cite web |title=AB 434- CHAPTERED |url=https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB434#:~:text=This%20bill%20would%20also%20authorize,of%20higher%20education%20or%20religious |access-date=2024-12-11 |website=leginfo.legislature.ca.gov |language=en}}</ref>


Other bills were passed to similar effect in the following years, including ] (2017), SB 330 (2019) and ] (2022). Other bills were passed to similar effect in the following years, including ] (2017), SB 330 (2019) and ] (2022).

AB 1037 (2024) subjects local governments found by a state court in violation of the above statutes to mandatory fines per violation, ranging from a minimum of $10,000 to a maximum of $50,000, in addition to court fees. Fines paid by a local government are directed to the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction.<ref>{{Cite web |title=SB 1037- CHAPTERED |url=https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1037 |access-date=2024-12-31 |website=leginfo.legislature.ca.gov |language=en}}</ref>


== References == == References ==
{{Reflist}}{{Housing in California}} {{Reflist}}{{Housing in California}}
] ]
]

Latest revision as of 05:47, 31 December 2024

California Assembly Bill 72 (AB 72) is a 2017 California statute which amends the Planning and Zoning Law to grant the California Department of Housing and Community Development (HCD) enforcement authority with respect to four statutes: the HAA, State Density Bonus Law, fair housing law (Section 65008 of the Government Code) and the "no net loss" requirements for replacing housing element sites that are not developed as projected (Section 65863 of the Government Code). The law requires the department to notify both a local government and the Attorney General of the local government's specified violation of the aforementioned laws as well as need for enforcement, and for the attorney general to sue the offending government in state court.

The law expanded the powers of the HCD in the construction of affordable housing. The bill was signed into law by Governor Jerry Brown on September 29, 2017.

Amendments and related legislation

AB 215 was signed by Governor Gavin Newsom on September 28, 2021, extending HCD's list of laws to notify the attorney general of violations to the Housing Crisis Act (SB 330, 2019), the Affirmatively Furthering Fair Housing (AFFH) policies (AB 686), SB 35 Streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101). In addition, the law allows the HCD the ability to hire or appoint other counsel if the attorney general does not pursue action against a local agency regarding a violation.

AB 434 was signed by Newsom on October 11, 2023, expanding the HCD's enforcement powers to enforce the streamlining of HOME Act (SB 9) projects concerning ministerial processing of lot splits in single-family residential zones, along with the streamlining of projects which fall under the ADU law, SB 6 (2022), SB 4 (2023), SB 684 (2023) and AB 1218 (2023).

Other bills were passed to similar effect in the following years, including SB 35 (2017), SB 330 (2019) and AB 2011 (2022).

AB 1037 (2024) subjects local governments found by a state court in violation of the above statutes to mandatory fines per violation, ranging from a minimum of $10,000 to a maximum of $50,000, in addition to court fees. Fines paid by a local government are directed to the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction.

References

  1. "California's 2024 Housing Laws: What You Need to Know | Insights | Holland & Knight". www.hklaw.com. Retrieved 2024-11-28.
  2. "Accountability and Enforcement | California Department of Housing and Community Development". www.hcd.ca.gov. Retrieved 2024-12-03.
  3. "AB 72- CHAPTERED". leginfo.legislature.ca.gov. Retrieved 2024-12-11.
  4. "California's 2022 Housing Laws: What You Need to Know | Insights | Holland & Knight". www.hklaw.com. Retrieved 2024-12-11.
  5. "AB 215- CHAPTERED". leginfo.legislature.ca.gov. Retrieved 2024-12-11.
  6. "AB 434- CHAPTERED". leginfo.legislature.ca.gov. Retrieved 2024-12-11.
  7. "SB 1037- CHAPTERED". leginfo.legislature.ca.gov. Retrieved 2024-12-31.
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