Hogle-Ireland, Inc. has extensive experience preparing Housing Elements for jurisdictions throughout California. Our qualified team is knowledgeable of State law, realistic when preparing a sites inventory, and skilled at negotiating with the State Department of Housing and Community Development to achieve certification. As a full-service planning firm, we are also prepared to assist your jurisdiction with all required CEQA documentation and ensure consistency with the Regional Transportation Plan and Sustainable Communities Strategy.
Changes for the Next Housing Element Cycle
- With adoption of SB 375, the housing element planning period has been extended from 5 years to 8 years to allow for synchronization with the Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS).
- If a jurisdiction does not rezone or identify sufficient sites in its 2008 housing element, it will be required to carry over and address any leftover housing units within the first year of the 2013 cycle. This is in addition to accommodating all new housing units assigned.
- For jurisdictions which do not submit their 2013 housing element update within 120 days of the October 2013 deadline, their housing element updates revert to a 4-year cycle.
- If HCD cannot make a compliance finding for a housing element, the jurisdiction must achieve the appropriate rezoning within 3 years after housing element adoption or 90 days after the jurisdiction receives comments from HCD, whichever occurs first.
Consequences of Noncompliance
- Builders’ Remedy – A developer of a housing project in which 49% of the units are affordable to lower-income households can develop any of the sites proposed for rezoning as if they had already been rezoned.
- Action to Compel Zoning – Any interested party can bring an action to compel the jurisdiction to complete the rezoning within 60 days and to seek sanctions if the zoning is not completed.
- Funding Eligibility – Jurisdictions could lose eligibility and priority status for State bond funds, federal funds, and transit-oriented development and park funds.
- Lawsuits – Housing Element noncompliance can mean that a jurisdiction’s General Plan may also be deemed out of compliance, exposing a jurisdiction to legal challenge. A successful challenge may result in a court-ordered halt to approvals of development permits, zone changes, and other building-related actions.
- Attorney’s Fees – The law also provides attorney’s fees to the challenging group if it prevails in a lawsuit challenging noncompliance.
For more information, please contact:
Laura Stetson, AICP - Senior Vice President (626) 356-4460
Nelson Miller - Vice President (951) 787-9222