Are there monetary penalties for not having a Certified Housing Element?
Yes, the State can subject a city to fines for not having a Certified Housing Element.
Yes, the State can subject a city to fines for not having a Certified Housing Element.
No, the City must develop a complaint Housing Element and related zoning or it will face the loss of local land use control, risk protections for open space, become vulnerable to lawsuits from other entities and open the gates to 'Builder's Remedy' applications that completely bypass many local land use rules. To date, every city
Enacted in 2006, Measure B, or the Right-To-Vote Amendment (RTVA), is a citizen-sponsored, voter-approved initiative, incorporated within the City’s Municipal Code. It requires citywide elections for the approval of certain “Major Amendments” to the City’s Planning Policy Documents, including the Housing Element. This measure highlights the value of community participation and is an important step
Importantly, the City does not build housing. The market and market influences, such as certain subsidies, the macroeconomy, interest rates and more determine what housing gets built. The City’s role is to create zoning that would theoretically allow that number of housing units to be built over the RHNA period, in this case, 2021 to
A Housing Element is a State-mandated policy document within a City's General Plan that identifies existing and future housing needs determined by the State and established clear goals and zoning changes needed to meet those goals. The State Department of Housing and Community Development (HCD) is tasked with reviewing Housing Elements for compliance with State