AB 1886 · Housing Laws Navigator
Bills · 2023-2024 Session

AB 1886

Housing Element Law: substantial compliance: Housing Accountability Act.Ch. 267, Stats. 2024 · chaptered 2024-09-19 · Current law

Key provisions · Claude summary of the digest, not bill text

Clarified when a housing element is considered substantially compliant, including for purposes of the Housing Accountability Act, declaring these provisions existing law.

  • Substantial compliance. Provided that an element is substantially compliant when adopted and determined compliant by HCD or a court, and those findings have not been superseded by later HCD findings, a court decision, or statute.
  • HAA timing. Required an element to be considered substantially compliant for the HAA only if it was determined compliant when a preliminary or complete application was submitted.
  • Declaratory. Declared these provisions declaratory of existing law and not altering the 1984 interpretation of substantial compliance.

Paraphrased from the Legislative Counsel’s Digest. Check the bill text before relying on it.

ClaudeGreen text is a summary heading written by Claude to help navigate. It is not statute text; the statute text is in black.

SEC. 1In the navigator:§ 65585.03changes

Section 65585.03 is added to the Government Code, to read:

SEC. 2In the navigator:§ 65589.55changes

Section 65589.55 is added to the Government Code, to read:

SEC. 3

In Section 65585.03 of the Government Code, as added by Section 1 of this act, it is the intent of the Legislature to confirm that local agencies cannot self-certify housing element compliance and to ratify the regulatory interpretation expressed in the March 16, 2023, memorandum from the Department of Housing and Community Development to planning directors and interested parties, which states, “where a jurisdiction submits an ‘adopted’ housing element before submitting an initial draft or before considering HCD’s findings on an initial draft, HCD will consider the ‘adopted’ to be an initial draft for purposes of both HCD’s review and the jurisdiction’s statutory compliance,” and “a jurisdiction does not have the authority to determine that its adopted element is in substantial compliance but may provide reasoning why HCD should make a finding of substantial compliance. In addition, a jurisdiction is ‘in compliance’ as of the date of HCD’s letter finding the adopted element in substantial compliance. Any other letters are not a finding of substantial compliance.” In this respect, Section 65585.03 of the Government Code, as added by Section 1 of this act, does not constitute a change in, but is declaratory of, existing law.

SEC. 4. It is the intent of the Legislature that Section 65585.03 of the Government Code, as added by Section 1 of this act, does not alter the interpretation of the terms “substantially complies” or “substantial compliance” as set forth in Section 44 of Chapter 1009 of the Statutes of 1984.

Source: LegiScan API, chaptered text of AB 1886 (2023-2024 Session).

Bill text is the chaptered version from LegiScan (California Legislature); spacing is normalized. Code section text in a bill is the text that bill chaptered, not necessarily the law in effect today. Not legal advice.