Gov. Code § 65589.8
Housing Element Law

Gov. Code § 65589.8

Affordable rental option for inclusionary requirementsTITLE 7. PLANNING AND LAND USE › DIVISION 1. PLANNING AND ZONING › CHAPTER 3. Local Planning › ARTICLE 10.6. Housing Elements

Key provisions · Claude summary, not statute text

Requires a local government with a housing element requirement for a fixed percentage of affordable units to let developers satisfy it in whole or part with affordable rental housing.

  • Rental option. A developer may meet all or part of a fixed affordable-unit percentage requirement by building rental housing at affordable monthly rents, as determined by the local government.
  • No change in authority. The section does not expand or contract a local government’s authority to require a fixed percentage of affordable units.

Paraphrased from the statute text; each point cites its subdivision. Check the 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.

§ 65589.8

A local government which adopts a requirement in its housing element that a housing development contain a fixed percentage of affordable housing units, shall permit a developer to satisfy all or a portion of that requirement by constructing rental housing at affordable monthly rents, as determined by the local government.

Nothing in this section shall be construed to expand or contract the authority of a local government to adopt an ordinance, charter amendment, or policy requiring that any housing development contain a fixed percentage of affordable housing units.

Source. California Code text from the Legislature's bulk download (the same data as leginfo), reproduced character for character (spacing normalized). Current page on leginfo ↗

History. (Added by Stats. 1983, Ch. 787, Sec. 1.)

Statute text comes from the California Legislative Information page saved for this section; spacing and line breaks are normalized and every other character is reproduced as published. Check leginfo for any amendment made after the page was saved. Not legal advice.