State Laws

State Law Toolbox

CalHDF enforces state laws. While there are many more laws on the books, use the navigation menu to get more information on some of the laws we find the most significant and useful in the fight to build a more affordable and equitable California.

(Please note this is a new project of 2023, and the toolbox is currently under construction)

Since 2016, California has passed over 30 laws to address the housing crisis. Our housing law toolbox covers the ones most relevant to CalHDF’s enforcement work, but below are other notable laws passed over the years. 

For more information, check out the Terner Center Recent Housing Legislation Report and their Housing Law Database.

Planning: Housing Element Law

  • AB 1397 (2017) 
    • Requires cities to assess probability of development on individual parcels
    • Prevents the inclusion of sites that were identified in previous inventories unless they’d be subject to by-right zoning in the current planning cycle
  • SB 828 (2018) and AB 1771 (2018)
    • Amended RHNA process so that other factors like housing cost burdens, overcrowding, fair housing, and other issues in new housing production targets are considered in allocations (making RHNA allocations more reflective of real need)
  • AB 72 (2017)
    • Allows HCD to revoke prior findings that localities are in compliance with Housing Element Law, and allows HCD to report violations to the Attorney General (greater enforcement)
  • AB 686 (2018)
    • New AFFH requirements – codified federal rules at the state level
    • Requires cities to analyze residential segregation patterns and rezone affluent exclusive areas for multifamily use
    • Cities required to demonstrate this in their Housing Elements

Zoning

Density Bonus Law

  • AB 2345 (2020)
    • Allows up to 50% density increase for projects with 15% of units dedicated to lower-income households
  • AB 1763 (2019)
    • Allows an 80% density bonus for projects with 100% affordable housing, or unlimited density (up to three stories) for projects located within ¼ mile of a major transit stop
  • AB 2334 (2022)
    • Expanded allowable density for 100% affordable projects, extending AB 1763 benefits to low-VMT areas
    • Increases available concessions from three to four for 100% affordable projects
  • AB 2372 (2018)
    • Allows  cities to give FAR bonus instead of density bonus and limits new parking requirements
  • AB 571 (2021)
    • Prevents imposition of affordable housing fees on affordable units
  • SB 290 (2021)
    • Allows bonuses for projects with 20% of units dedicated to lower-income students
  • AB 2345 (2020)
    • Allows up to 50% density increase for projects with 15% of units dedicated to lower-income households
  • AB 1763 (2019)
    • Allows an 80% density bonus for projects with 100% affordable housing, or unlimited density (up to three stories) for projects located within ¼ mile of a major transit stop
  • AB 2334 (2022)
    • Expanded allowable density for 100% affordable projects, extending AB 1763 benefits to low-VMT areas
    • Increases available concessions from three to four for 100% affordable projects
  • AB 2372 (2018)
    • Allows  cities to give FAR bonus instead of density bonus and limits new parking requirements
  • AB 571 (2021)
    • Prevents imposition of affordable housing fees on affordable units
  • SB 290 (2021)
    • Allows bonuses for projects with 20% of units dedicated to lower-income students
  • SB 1069/AB 229 (2016)
    • ADU approval must be ministerial
  • AB 881 (2019)
    • Limits grounds for disallowing ADUs (through owner-occupancy requirements, restricting lot size, setback, and parking standards)
  • AB 68 (2019)
    • Reduces time in which cities have to approve ADUs
    • Eliminated replacement parking requirements for garage conversions
  • SB 13 (2019)
    • Reduces impact fees and shortens application review periods
  • SB 9 (2021)
    • Requires ministerial approval of duplexes and lot splits in R1 zoned areas
  • AB 2097 (2022)
    • Prohibits parking requirements for projects within ½ mile of major transit stops
  • AB 2011/SB6 (2022)
    • Allows developers to override local commercial zoning and build housing on retail and office zoned lots
    • Goes into effect July, 2023