Housing Plan
Draft Housing Element 6-1
H ousing Plan
The Housing Plan identifies the City of Hayward’s housing goals, policies, and programs. The overall strategy is to present a balanced and diverse array of programs which address the main issue areas of construction, preservation of affordable housing, conservation of naturally occurring affordable housing, rehabilitation, and administration. Hayward’s Housing Plan includes the six following themes:
1. Preserving, Conserving, and Improving Existing Housing
2. Assisting in the Development of Affordable Housing
3. Providing Adequate Housing Sites
4. Removing Constraints on Housing Development
5. Housing for Persons with Special Needs
6. Equal Housing Opportunities for All Persons
The Housing Plan seeks to address community needs as identified in Appendix B, Housing Needs Assessment, governmental constraints as identified in Appendix D, Housing Constraints, and patterns of segregation and barriers that restrict access to opportunity for protected classes as identified in Appendix F, Fair Housing Assessment. Programs from the 2023-2031 Housing Element have been carried forward where applicable, as identified in Appendix E, Review of Past Accomplishments. The Housing Plan aligns with the work that the City has already completed and is planning as provided in the City’s Strategic Roadmap and other related plans for the coming years.
6.1 Goals Policies, and Programs
The goals and policies contained in the Housing Element address the identified housing needs in Hayward and are implemented through a series of housing programs. Housing programs define the actions the City will take to achieve specific goals and policies. Housing programs include programs currently in operation as well as new programs that address identified housing constraints and fair housing issues. This section provides a housing program description as well as qualitative and quantitative objectives for each program.
6.1.1 Preserving, Conserving, Improving, Existing Housing Stock Preserving, conserving and improving the housing stock helps maintain investment in the community and promotes affordable housing. A survey administered by the City indicated that 55 percent of survey participants rated the condition of their residents as “excellent” while 45 percent or participants had housing problems that would require minor to major rehabilitation. As described in Appendix F, Fair Housing Assessment Section 8.1, Housing Problems, most of the housing stock in Hayward is more than 30 years old. Typically, housing over 30 years old is more likely to have rehabilitation needs that may include new plumbing, roof repairs, foundation work, and other repairs. Some older housing units may have health risks such as lead paint and asbestos. Further, housing problems in Hayward disproportionately impact households of color. Preventing these problems from occurring and addressing them when they do occur protects the safety and welfare of residents and assists in meeting housing needs throughout Hayward, particularly the most vulnerable residents. The City will focus its efforts on rehabilitation, code enforcement, rental
ATTACHMENT III
City of Hayward
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housing inspection, preserving existing affordable units, and implementing anti-displacement policies and programs to take a proactive approach to preserving, conserving and improving the current housing stock. An important part of preserving the existing affordable housing stock is ensuring that subsidized affordable housing units maintain their affordability and do not convert to market-rate units. Policies in this section focus on improving the existing housing stock and assisting in the preservation of affordable housing.
Goal H-1: Maintain and enhance the existing housing opportunities, viable housing stock and neighborhoods within Hayward.
Policies
H-1.1: Code Enforcement: The City shall enforce adopted code requirements that set forth the acceptable health and safety standards for the occupancy of housing units.
H-1.2: Preserve Affordable Single-Family Housing: The City shall preserve the existing single- family housing stock occupied by lower-income households by rehabilitating single- family, owner-occupied conventional and mobile homes.
H-1.3: Residential Rehabilitation: The City shall administer residential rehabilitation programs that assist lower-income households to ensure the safety and habitability of housing units and the quality of residential neighborhoods.
H-1.4: Preserve At-Risk Units and Naturally Occurring Affordable Housing: The City shall avoid the loss of publicly assisted and unassisted (“naturally occurring”) affordable housing units and the resulting displacement of low-income residents by providing funds, as available, to nonprofit developers to be used for the acquisition of subsidized housing developments at risk of converting to market rate units.
H-1.5: Funding for Accessibility Retrofits: The City shall provide funding to homeowners for home retrofits that improve accessibility.
Program H-1: Minor Home Repair Program
The Minor Home Repair Program provides rehabilitation grants up to $10,000 to qualified lower- income households, including elderly and/or disabled homeowners, to make minor home repairs to address health and safety problems, correct code deficiencies, and improve the exterior appearance of homes. Priority will be given to work that corrects health and safety issues, and to accessibility modifications for people who have disabilities.
Actions Objective and Timeframe
Action 1.1: Provide housing rehabilitation assistance to lower-income, elderly, and/or disabled households.
Annually assist ten households with larger
repairs and 40 households with smaller repairs.
Action 1.2: Continue existing partnerships with nonprofit housing rehabilitation agency Rebuilding Together Oakland/East Bay and Habitat for Humanity East Bay/Silicon Valley to provide property rehabilitation assistance to targeted Hayward homeowners.
Ongoing.
Action 1.3: Disseminate information regarding rehabilitation standards, preventative maintenance, and energy conservation measures to eligible homeowners.
Maintain current information on the City’s
website and disseminate to at least 100
qualified homeowners annually.
Implements the Following Policies H-1.2, H-1.5, H-1.3, H-2.5 Responsible Agency City Manager’s Office
Funding Sources CDBG
Housing Plan
Draft Housing Element 6-3
Program H-2: Residential Rental Inspection Program
The Residential Rental Inspection Program safeguards the stock of safe, sanitary rental units within the city and protects persons entering or residing in rental units through systematic inspection of rental housing throughout the city. The program focuses attention on rental housing in higher- density areas with priority given to units displaying signs of substandard conditions. Properties outside higher-density areas are routinely monitored for indicators of substandard conditions unless they are the subject of a complaint and prioritized for inspection. All rental units are subject to inspection. The program has a goal of inspecting units once every five years. In addition to an annual per-unit fee, fees are charged for every unit in which a violation is found. Penalties are also assessed for lack of timely correction of violations.
Actions Objective and Timeframe
Action 2.1: Systematically inspect rental units throughout the city to safeguard the stock of safe, sanitary rental units within the city and protect persons entering or residing in rental units.
Annually inspect 250 single-family homes and 750
multi-family units. Focus attention on rental
housing in higher density areas with the goal of
inspecting these units every three to four years.
Action 2.2: Amend the Hayward Municipal Code (HMC) to comply with Section 17970.5 of the California Health and Safety Code requiring that upon a rental tenant complaint, the respective landlord a) conducts a mandatory inspection and b) specifies specific actions that can be taken to mitigate any hazards present.
Amend the HMC by January 2025.
Action 2.3: Disseminate information to residents about the mandatory rental inspections and up to-date information on the City’s adopted laws and regulations specific to housing.
Maintain current information on the City’s website
and disseminate to at least 100 qualified
homeowners annually.
Action 2.4: Provide annual trainings during the planning period to improve capacity of Code Enforcement staff to work with diverse communities, in a culturally competent manner with a focus on problem solving and with connections to social and economic support services.
Begin providing annual trainings to staff by 2024.
Implements the Following Policies H-1.1, H-1.2, H-1.3
Responsible Agency Development Services
Funding Sources General Funds
Program H-3: Preservation of At-Risk Affordable Housing This program is intended to support the preservation or acquisition of restricted affordable units and unrestricted affordable units that could potentially convert to market-rate units during the planning period. The City will monitor all units and assist property owners in maintaining the affordability of these units and assist tenants if preservation is unsuccessful.
Actions Objective and Timeframe
Action 3.1: Monitor the status of the five projects and 295 units at risk of conversion to market-rate units during the planning period and seek to preserve these affordable units for extremely low-income households and very low-income households. The five projects include:
Hayward Villa
Josephine Lum Lodge
Sycamore Square
Annually.
City of Hayward
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Actions Objective and Timeframe
Wittenberg Manor II
Weireb Place
Action 3.2. Reach out to property owner to inquire about their plans for the property with the expiring regulatory controls and assess the risk of loss of affordable housing units.
Send correspondence to property owner three
years prior to termination of regulatory controls.
Objective is to ascertain risk of loss of affordable
units and identify if the City as resources to
preserve the units.
Action 3.3: Inform property owners of their obligation to comply with noticing requirements stipulated under state law to ensure that qualified non-profit entities from the State’s qualified entities list are informed of the opportunity to acquire the affordable property and that tenants are informed about their rights and potential resources. If the property was built before July 1, 1979, inform property owner that rent increase limits stipulated in the City’s Residential Rent Stabilization Ordinance will apply post conversion to market rate.
Send notice to property owner three years prior to
potential project conversion. Provide follow-up
with contacts one year and six months prior to
conversion if property owner fails to comply.
Objective is to ensure qualified non-profit entities
are notified of acquisition opportunities and to
ensure tenants are aware of the impending
changes.
Action 3.4: Contingent of funding availability, in the event that a property is scheduled for conversion, contact property owner regarding funding availability. If the property owner intends to sell the property encourage sale to a qualified non-profit entity.
Inform property owner three years prior to
potential project conversion whether funding is
available to preserve the affordability restrictions.
The objective is to incentivize the sale to a qualified non-profit entity.
Action 3.5: Include naturally affordable housing at risk of conversion to higher rates as an eligible project type for funding under the City’s Notice Of Funding Availability (NOFA) to preserve these units through long-term affordability covenants as a condition of funding.
Subject to availability of Inclusionary Housing Trust
funds, issue NOFA at least once during compliance
period and establish an affordable housing
development pipeline inclusive of project that
convert market rate housing to affordable housing.
Action 3.6: Support qualified affordable housing developers that acquire and convert naturally occurring affordable housing to restricted affordable housing meet state or federal funding application requirements that subject to City review or support.
The City may choose not to support projects that pose a high risk of displacement of existing tenants.
On a case-by-case basis.
Action 3.7: As necessary, provide technical assistance to tenants to access other affordable housing resources.
Ongoing on a case-by-case basis.
Implements the Following Policies H-1.4, H-6.4
Responsible Agency Development Services, City Manager
Funding Sources HOME, Inclusionary Housing In-Lieu Fees, Housing Choice Vouchers, and other federal and state
housing funds
6.1.2 Assisting in the Development of Affordable Housing Providing affordable housing is essential for a healthy community. Seeking funding from varied sources increases the opportunities for the development of affordable housing units. The City works with both non-profit and for-profit developers in the production of affordable for-sale and rental housing. Recognizing a variety of housing needs, the City supports the development of affordable housing opportunities ranging from creation of rental housing that meets the needs of extremely low, very low, and low income households to creation of ownership housing for lower and moderate income households to improve housing stability, help instill a pride of ownership, and increase wealth building opportunities.
Housing Plan
Draft Housing Element 6-5
Goal H-2: Assist in the provision of housing that meet s the needs of all socioeconomic segments of the community.
Policies
H-2.1: Homeownership Housing: The City shall encourage the development of ownership housing and assist tenants to become homeowners to increase owner occupancy rate within the parameters of federal and state housing laws.
H-2.2: Provide Incentives for Affordable Housing: The City shall promote the use of density bonuses and waive or reduce park, transportation and other impact fees to facilitate the development of new housing for extremely low-, very low-, and low-income households.
H-2.3: Inclusionary Housing: The City shall enforce the Inclusionary Housing Ordinance to ensure that a certain percentage of new residential units will be made affordable to lower- and moderate-income households or to ensure the payment of affordable housing in-lieu fees to subsidize the development of affordable housing.
H-2.4: Integration of Affordable Housing: The City shall encourage a mix of affordability levels in residential projects and encourage the dispersal of such units to achieve greater integration of affordable housing throughout the community.
H-2.5: Partnership with Affordable Housing Developers: The City shall maintain a funding process to award affordable housing in-lieu fees to affordable housing builders to support the development of affordable housing
H-2.6: Financial Assistance: The City shall identify new funding sources and strategies to support affordable housing.
Program H-4: Affordable Housing Development Assistance
The City of Hayward is committed to increasing the supply of affordable housing. The City will prioritize households at the extremely low-income level and seek new funding opportunities and partnerships to greater improve housing conditions amongst the vulnerable and lower-income communities.
Actions Objective and Timeframe
Action 4.1: Partner with qualified housing developers to identify affordable housing development opportunities with emphasis on promoting housing choices that serve the
needs of special needs populations, including seniors,
homeless, female-headed households, large families, low- income, and/or persons with disabilities.
Subject to availability of Inclusionary Housing Trust
funds, issue NOFA at least once during compliance
period and establish and affordable housing
development pipeline of at least three affordable
housing projects.
Action 4.2: Monitor availability of State and federal funding and support developers with their applications for state and other local development incentives and funding programs that provide financial assistance to develop affordable housing for special needs populations.
Annually, review proposed development budgets and
schedules for City funded affordable housing projects to identify the need for City support with funding
applications. Upon request, provide support for non-city funded affordable housing development project.
Action 4.3: Subject to funding availability, provide
development subsidy for at least three affordable housing developments. Prioritize subsidy for financing for rental housing units affordable to lower-income households and households with special needs and projects that promote the City’s goals relating to transit-oriented development and Assist in the development of at least 200 lower income
units over the eight-year planning period.
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Actions Objective and Timeframe
jobs/ housing balance.
Action 4.4: Use state, federal, and local In-Lieu Fees to reimburse the cost of land for the development of extremely low-, very low-, low-, and moderate-income housing.
Any development subsidy awarded to affordable
housing developers can be applied to acquisition costs
at the time the project closes all project funding
Action 4.5: Subsidize the development of affordable housing through disposition of City-owned land where feasible and provision of development subsidy when available.
Support at least two affordable housing developments
on City owned land during the planning period.
Implements the Following Policies H-2.4, H-2.5, H-2.6, H-3.10 Responsible Agency Development Services, City Manager
Funding Sources State and federal funds, local funds (In-Lieu Fees, General Fund)
Program H-5: Density Bonus
Consistent with State law (Government Code Sections 65915 through 65918), the City offers residential density bonuses as a means of encouraging affordable housing development. In exchange for setting aside a portion of the development as units affordable to lower- and moderate-income households, developing senior or student housing or installing on-site childcare, the City shall grant a density bonus over the otherwise allowed maximum density, a reduction in parking standards, up to four regulatory incentives or concessions and unlimited waivers to development standards. These units must remain affordable for a period of no less than 55 years and each project must enter into an agreement with the City to be monitored by the Housing Services Division for compliance.
The density bonus increases with the proportion of affordable units set aside and the depth of affordability. For market-rate projects, the maximum density bonus a developer can receive currently is 50 percent when a project provides 15 percent of the units for very low-income households, 24 percent for low-income households, or 44 percent for moderate-income households. 100 percent affordable housing projects can receive up to 80 percent increase in density or unlimited density when the project is within ½ mile of major transit. Incentives and regulatory concessions may include, but are not limited to, fee waivers, reduction or waiver of development standards, in-kind infrastructure improvements, an additional density bonus above the requirement, mixed-use development
where it normally wouldn't be permitted, or other
financial or regulatory incentives or concessions.
Actions Objective and Timeframe
Action 5.1: Ensure that housing developers are informed about the City’s density bonus program during pre-development conferences, inquiries, and at application and highlight the additional development potential available.
Ongoing on a case-by-case basis.
Action 5.2: Update the Density Bonus Ordinance to bring it into compliance with State Law and remove the requirement for Planning Commission approval of Density Bonus applications. Through the update process.
Adopt updated Density Bonus Ordinance by
June 2023.
Action 5.3: As part of Density Bonus Ordinance update, discuss incentives and concessions with qualified housing developers to determine if increasing density bonus for market-rate projects beyond state law is appropriate for Hayward.
Meet with four qualified housing developers
annually. Adopt updated Density Bonus
Ordinance by June 2023.
Housing Plan
Draft Housing Element 6-7
Actions Objective and Timeframe
Action 5.4: Provide technical assistance to developers on how to use the Density Bonus incentives.
Maintain current information on the City’s
website and publish informational bulletin by
September 2023.
Implements the Following Policies H-2.2, H-2.4, H-3.1
Responsible Agency Development Services
Funding Sources General Fund
Program H-6: Inclusionary Housing
Inclusionary housing regulations help increase the availability of affordable housing stock in the city.
Hayward’s Inclusionary Housing program requires that a certain percentage of new residential developments units be made affordable to very low-, low- and moderate-income households, depending on whether the project is intended as ownership or rental housing. Having these programs for inclusionary requirements in place proactively as new markets for investment emerge through the city can serve as a program to mitigate displacement and meet the needs of vulnerable populations. The inclusionary housing ordinance specifies the following:
Affordable Rental Units
A total of six percent of the units must be affordable at the following income levels:
50 percent of affordable units restricted at very low-income. 50 percent of affordable units at low-income.
Affordable Ownership Units
Ten percent of the units must be made affordable to moderate-income households.
Developers may also pay an affordable housing in-lieu fee as an alternative to providing affordable units. These fees are placed in the City’s Affordable Housing Trust Fund and are used to fund affordable housing development.
Actions Objective and Timeframe
Action 6.1: Complete a new feasibility study to determine the appropriate on-site affordable housing requirements and fees for rent and ownership of residential units that appropriately reflect market conditions.
Complete feasibility study by June 2023.
Action 6.2: Based on the findings of the feasibility study, modify the ordinance as necessary to maximize production of affordable units without adversely affecting market-rate development.
Modify the ordinance by January 2024.
Action 6.3: Following the adoption of the modifications to the Affordable Housing Ordinance, monitor the effectiveness of the current Inclusionary Housing Program to determine if modifications would be necessary. Conduct a subsequent feasibility study if monitoring results in findings that ordinance may not be maximize production of affordable units or may be adversely affecting market- rate development.
Assess program by January 2027
Implements the Following Policies H-2.3, H-2.4
Responsible Agency Development Services, City Manager.
Funding Sources General Fund; In-Lieu Fees
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Program H-7: Housing Choice Vouchers
The Housing Choice Voucher (HCV) Program is the federal government's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. This program is administered by the Housing Authority of the County of Alameda (HACA). Under this program, very low-income renters receive supplemental assistance for rent so they can afford standard housing without becoming rent burdened.
Since housing assistance is provided on behalf of the family or individual, participants can find their own housing, including single-family homes, townhouses, and apartments. The participant is free to choose any housing that meets the requirements of the program and is not limited to units located in subsidized housing projects. A family that is issued a voucher is responsible for finding a suitable housing unit of the family’s choice where the owner agrees to rent under the program. This unit may include the family's present residence. Rental units must meet minimum standards of health and safety, as determined by HACA. A housing subsidy is paid to the landlord directly by the HACA on behalf of the participating family. The family then pays the difference between the actual rent charged by the landlord and the amount subsidized by the program.
Actions Objective and Timeframe
Action 7.1: Cooperate with the HACA to provide tenant-based rental assistance through.
Assist approximately 1,844 households
through Section 8 Vouchers during the
planning period.
Action 7.2: Refer Housing Choice voucher holders to a list of properties compiled by HACA that actively participating in the Housing Choice Voucher Program throughout the housing cycle.
Ensure Hayward Housing Staff is aware of the
HACA “For Rent” directory.
Action 7.3: Provide outreach and education to potential tenants and landlords/property management regarding State law that prohibits housing discrimination based on source of income, including public subsidies.
Annually conduct one workshop for tenants
and one workshop in multiple languages for
landlords.
Action 7.4: Disseminate information on HCV opportunities offered by HACA through the City website, newsletters, and brochures at public counters.
Publish material on the City’s website by June
2023.
Action 7.5: Provide support to HACA as necessary to seek additional funding that can be used, in addition to Housing Choice Voucher funds, to provide subsidies to lower-income households to bring monthly rents in line with affordability guidelines.
Upon request by HACA.
Action 7.6: In collaboration with HACA, provide education to property owners and managers to expand awareness of the Housing Choice Voucher program in an effort to increase acceptance of tenant-based Housing Choice Vouchers and to facilitate mobility and provide choices for lower-income households throughout the city.
Annually conduct one workshop for tenants
and one workshop for landlords in multiple
languages.
Action 7.7: Inform HACA of affordable homeownership opportunities to provide participants of the Family Self-Sufficiency Program the opportunity to transition from renter to homeowner and begin to build assets.
Identify the appropriate contact at HACA to
disseminate information to participants by
June 2023. Send information about
application process for affordable
homeownership opportunities as they
become available.
Implements the Following Policies H-2.4, H-2.5, H-2.6
Responsible Agency Alameda County Department of Housing and Community Development.
Funding Sources HUD
Housing Plan
Draft Housing Element 6-9
6.1.3 Providing Adequate Sites
A major part of meeting the housing needs of all segments of the community is the provision of adequate sites to facilitate the development of all types, sizes, and prices of housing throughout the City. Persons and households of different ages, types, incomes, and lifestyles have a variety of housing needs and preferences that evolve over time and in response to changing life circumstances. Providing an adequate supply and diversity of housing accommodates changing housing needs of residents. The Hayward General Plan, Zoning Ordinance, and various design/concept plans establish where and what types of housing may locate in the city. To provide adequate housing and maximize use of limited land resources, new development should be constructed at appropriate densities that maximize the intended use of the land.
Goal H-3: Provide suitable sites for housing development that can accommodate a range of housing by type, size, location, price, and tenure.
Policies
H-3.1: Diversity of Housing Types: The City shall continue to implement land use policies that allow for a range of residential densities and housing types, prices, ownership, and size, including low-density single family uses, moderate-density townhomes, and higher- density apartments, condominiums, transit-oriented developments, live-work units, Accessory Dwelling Units (ADUs), and units in mixed-use developments.
H-3.2: Transit-Oriented Development: The City shall encourage transit-oriented developments in close proximity to BART and high frequency bus lines.
H-3.3: Sustainable Housing Development: The City shall promote sustainable housing practices that incorporate a “whole system” approach that considers sustainable siting, design, and construction of housing that is integrated into the building site, consuming less water, improving water quality, reducing energy use and the use of other resources, and minimizing development impacts on the surrounding environment.
H-3.4: Residential Uses Close to Services: The City shall encourage development of residential uses close to employment, recreational facilities, schools, neighborhood commercial areas, and transportation routes.
H-3.5: Compatible Development of Underutilized Sites: The City shall encourage compatible residential development in areas with underutilized land.
H-3.6: Flexible Standards and Regulations: The City shall allow flexibility within the City’s standards and regulations to encourage a variety of housing types.
H-3.7: Facilitate Lot Consolidation: The City shall facilitate lot consolidation to encourage the development of housing on infill sites.
H-3.8: Adaptive Reuse: The City shall support innovative strategies for the adaptive reuse of residential, commercial, and industrial buildings to provide for a variety of housing types and residential uses.
H3.9: No Net Loss Zoning: The City shall make findings related to the potential impact on the City’s ability to meet its share of the regional housing need when approving discretionary entitlements to rezone residentially designated properties or develop a residential project with fewer units or at a higher income than what is assumed for the site in the Housing Element Sites Inventory, consistent with “no-net-loss” zoning requirements in Government Code Section 65863.
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H3.10: Residential Sites Inventory: Maintain a vacant and underutilized residential sites inventory and assist residential developers in identifying land suitable for residential development.
Program H-8: Ensure Adequate Sites to Accommodate Regional Fair Share of Housing Growth
The City was allocated a RHNA of 4,624 units for the 2023-2031 Housing Element planning period.
With anticipated pipeline projects and projected ADUs, a total 2,215 units can be credited toward the City’s RHNA. The remaining 2,409 RHNA units (950, 639 moderate, and 820 above moderate- income units) must be accommodated through adequate sites planning. The sites inventory capacity analysis found that existing land use designations can accommodate the RHNA on vacant and underutilized land (see Appendix C, Housing Resources, for more information). Future residential growth is expected to occur primarily on vacant and nonvacant parcels in the Downtown Specific Plan area and Mission Boulevard corridor and on the former Caltrans Route 238 corridor.
Actions Objective and Timeframe
Action 8.1: Maintain an updated inventory of housing sites and actively promote sites available for lower- and moderate-income housing development to potential developers, private and non-profit organizations, and other interested persons and organizations. Post such information on the City’s website and update as necessary to maintain accurate information.
Publish on the City’s website by June 2023
and update annually as needed.
Action 8.2: Maintain an updated list of residential housing developments that have been submitted, approved, and denied throughout the housing cycle.
Publish by June 2023 and update annually as
part of the Annual Progress Report (APR).
Action 8.3: Comply with California law regarding reporting requirements including, without limitation, annual reporting in accordance with Government Code Section 65400.
Annually as part of the APR.
Action 8.4: Provide technical assistance and information on available parcels for lower-income developments to private or non-profit housing providers. Technical assistance includes land development counseling by City planners.
Provide technical assistance at the City’s
Permit Center Monday through Thursday
from 9 am to 1 pm. Accept electronic
correspondence and respond within two to
three business days.
Action 8.5: Maintain a list of publicly owned properties with potential for residential development
Publish on the City’s website by June 2023.
Implements the Following Policies H-3.5, H-3.10
Responsible Agency Development Services
Funding Sources General Fund
Program H-9: No Net Loss Zoning
Government Code Section 65863, otherwise known as “No Net Loss” law, prevents the loss of existing housing and land available for future residential development by ensuring that cities and counties “identify and make available” additional adequate sites if a housing project is approved with fewer units by income category than what is identified in the Housing Element. In compliance with State law, the City will expand and improve upon the ongoing no net loss efforts to develop a procedure to track:
Unit count and income/affordability assumed on parcels included in the sites inventory Housing Plan
Draft Housing Element 6-11
Actual number of units achieved and income/ affordability when parcels are developed Net change in capacity and summary of remaining capacity in meeting remaining RHNA Unit count and income/affordability are identified in the Sites Inventory (see Appendix C).
Actions Objective and Timeframe
Action 9.1: Implement a monitoring program that evaluates the current capacity of housing sites on the Sites Inventory for all income levels throughout the duration of the planning period to ensure the City remains on track towards satisfying its RHNA target. Should an approval of development result in a shortfall of sites to accommodate the City’s remaining RHNA requirements, the City will identify and, if necessary, rezone sufficient sites within 180 days to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA.
Implement program by January 2025.
Action 9.2: Maintain an administrative list of additional sites with appropriate zoning that can be added to the City’s Sites Inventory if and when an analysis provided through Action 9.1 or the Annual Progress Report indicates that sufficient sites may not exist to accommodate the City’s remaining RHNA, by income level, for the planning period.
Create list by June 2023 and update annually
as needed.
Implements the Following Policies H-3.1, H-3.5, H-3.10 Responsible Agency Development Services
Funding Sources General Fund
Program H-10: Replacement Housing
Pursuant to AB 1397 (Adequate Sites) passed in 2017, the City will amend the Zoning Code to require the replacement of existing residential units on nonvacant RHNA sites as a condition of project approval for development. Specifically, sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control, or occupied by low- or very low-income households, shall replace those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall also be consistent with those set forth in the State Density Bonus Law.
Actions Objective and Timeframe
Action 10.1: Amend the Zoning Code to establish the replacement requirements pursuant to AB 1397.
Amend HMC by January 2025.
Implements the Following Policies H-3.9, H-6.3
Responsible Agency Development Services
Funding Sources General Fund
Program H-11: By-Right Approval for Projects with 20 Percent Affordable Units Pursuant to AB 1397 (Adequate Sites) passed in 2017, the City will allow by-right approval process for housing development that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle RHNA if the site were:
A vacant site for RHNA identified in the previous two Housing Element cycles A nonvacant site for RHNA identified in the previous one Housing Element cycle City of Hayward
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A site rezoned for RHNA after the statutory deadline of the current Housing Element cycle By-right approval means the jurisdiction shall not require:
A Site Plan Review, Administrative or Conditional Use Permit A Planned Development District or
Other discretionary, local-government review or approval that would constitute a “project” as defined in Section 21100 of the Public Resources Code (California Environmental Quality Act “CEQA”)
The Sites Inventory includes four nonvacant opportunity sites that would be subject to by-right approval.
Actions Objective and Timeframe
Action 11.1: Amend HMC to implement a by-right approval process pursuant to Government Code Section 65583. Amend HMC by January 2025.
Implements the Following Policy H-3.9
Responsible Agency Development Services
Funding Sources Departmental Budget
Program H-12: Adaptive Reuse
The City has numerous older commercial buildings that are no longer being occupied by the highest and best uses or compatible uses with its surrounding neighborhoods. The economic impacts of the COVID-19 pandemic have further accelerated the decline of these properties. The City will pursue amendments to HMC to establish alternative building regulations for the conversion of existing buildings to other uses.
Actions Objective and Timeframe
Action 12.1: Evaluate, and if appropriate, amend the HMC to remove potential constraints for adaptive reuse, such as review/approval process and minimum parking standards.
Evaluate the HMC by June 2024 and, if
necessary, revise HMC within one year.
Action 12.2: Promote adaptive reuse to property owners and interested developers through public outreach.
Publish material on the City’s website by
June 2023.
Implements the Following Policy H-3.8
Responsible Agency Development Services
Funding Sources Departmental Budget
Program H-13: Variety of Housing Types
Government Code Sections 65583 and 65583.2 require the housing element to provide for a variety of housing types including multifamily rental housing, factory-built housing, mobile homes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. Providing development opportunities for a variety of housing types promotes diversity in housing price, style, and size, and contributes to neighborhood stability by offering more affordable and move-up homes and accommodating a diverse income mix.
Housing Plan
Draft Housing Element 6-13
Actions Objective and Timeframe
Action 13.1: Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock. This may include allowing shelters, transitional housing and tiny homes with wraparound services on site at churches, social services agencies/nonprofits that do this work in the community and on publicly owned land.
Explore options by January 2025 and amend
the HMC as needed.
Action 13.2: Review all residential zoning districts and land use designations to determine feasibility for additional development in low- density neighborhoods. Amend the HMC to allow, by right or via streamlined review process, a mix of dwelling types and sizes, specifically missing middle housing types (e.g., duplexes, triplexes, fourplexes, courtyard buildings) in lower-density residential areas.
Complete review by January 2025 and, if
necessary, amend HMC within one year.
Implements the Following Policy H-3.1
Responsible Agency Development Services
Funding Sources Departmental Budget
6.1.4 Removing Constraints on Housing Development
Pursuant to State law, the City is obligated to address, and where legally possible, remove governmental constraints affecting the maintenance, improvement, and development of housing.
Removing constraints on housing development can help address housing needs in the city by expediting construction and lowering development costs.
Goal H-4: Mitigate any potential constraints to housing production and affordability to the greatest extent feasible.
Policies
H-4.1: Clear Development Standards and Approval Procedures: The City shall strive to create and administer clear objective development standards and streamlined approval procedures for a variety of housing types, including, but not limited to, multifamily housing and emergency shelters.
H-4.2: Offer Development Incentives: The City shall offer financial and/or regulatory incentives, such as density bonuses and fee reductions, deferrals, or waivers, where feasible, to reduce the costs and/or to remove impediments to developing affordable housing.
Program H-14: Development Incentives
Jurisdictions can provide a variety of incentives to encourage development of affordable housing and other projects that meet community needs. The City shall incentivize both market-rate and affordable housing production to address the State’s housing shortage and high housing costs.
Topics to incentivize housing production include:
Policies related to zoning and housing approvals
Accessory dwelling units
Large sites
Lot consolidation
City of Hayward
2023-2031 Housing Element Update
6-14
Impact fee deferrals, waivers and fee transparency
Funding sources
Public land disposition
Streamlining the approval process
Actions Objective and Timeframe
Action 14.1: Create “Package of Incentives” that identifies the benefits of providing on-site affordable housing
Create by January 2025.
Action 14.2: Evaluate the effectiveness and appropriateness of available incentives in encouraging development of identified sites, particularly for housing affordable to lower-income households in moderate- resource areas with available land for multi-family residential opportunities and report back to appropriate Task Force(s) and City Council on a bi-annual basis. If incentives are not effective in encouraging and facilitating affordable housing development, the City will reassess to develop alternative strategies to incentivize development.
Report on housing programs and incentives
to housing production included in the
Strategic Roadmap and Incentives to Housing
Production Work Plan Program twice a year
and update if necessary.
Action 14.3: Encourage land divisions and specific plans of large sites resulting in parcels sizes that facilitate multifamily developments affordable to lower-income households.
Ongoing on a case-by-case basis.
Action 14.4: Promote incentives to interested developers and provide technical assistance regarding the potential use of various incentives through pre-application meetings.
Ongoing on a case-by-case basis.
Action 14.5: Meet with qualified affordable housing developers to promote the use of regulatory incentives and development of inventory sites.
. Regularly meet with developers at the City’s
Permit Center Monday through Thursday
from 9 am to 1 pm. Accept electronic
correspondence and respond within two to
three business days.
Implements the Following Policies H-2.2, H-4.2
Responsible Agency Development Services
Funding Sources General Fund
Program H-15: Lot Consolidation
This program aims to expand opportunities for additional affordable housing developments. The City will encourage the consolidation of small parcels to facilitate larger-scale developments that are compatible with existing neighborhoods.
Actions Objective and Timeframe
Action 15.1: Make available an inventory of vacant and nonvacant properties to interested developers and identify sites where potential consolidation can occur based on current site usage and ownership.
Publish to the City’s website by June 2023.
Action 15.2: Facilitate lot consolidation by providing appropriate technical assistance to developers to encourage negotiations between property owners.
Ongoing on a case-by-case basis.
Implements the Following Policies H-3.7, H-3.10
Responsible Agency Development Services
Funding Sources General Fund
Housing Plan
Draft Housing Element 6-15
Program H-16: Expedited Project Review
The City continues to improve the efficiency of the development review process. As a response to the housing shortage in the State of California, Government Code Section 81560 was amended to restrict local rules that limit housing production. Amendments to Government Code Section 81560 changed the Permit Streamlining Act by creating a more ministerial, rather than discretionary, two- step application process. The City will continue to identify efficiencies for the development process in line with Government Code Section 81560 and further streamline the permit process. The City will also coordinate with developers to ensure a timely application and development process.
Actions Objective and Timeframe
Action 16.1: Continue to offer free Pre-Application Review process for developers or applicants that submit a planning application. This serves as a “free” first submittal so developers can see any major costs or issues with the proposed development without spending money.
Ongoing on a case-by-case basis.
Action 16.2: Expedite review for the subdivision of larger sites into buildable lots when development application is consistent with the General Plan, applicable specific plan, and master environmental impact report.
Ongoing on a case-by-case basis.
Action 16.3: Assess existing processes to investigate additional review processes may be delegated to a streamlined, ministerial review for projects that include a percentage of affordable housing units.
Develop recommendations
by January 2025 and, if necessary, revise the
process within one year.
Action 16.4: Identify new or improved data and technology solutions to support faster development project review and greater access to housing and land use information such as online dashboards and other publicly accessible online resources.
Ongoing.
Action 16.5: Upzone approximately 1,558 Single Family District properties that have a higher density General Plan land use designation and develop Objective Design Criteria for residential development to streamline the development review process, allow missing middle housing and small lot single family development without requiring Zone Change to Planned Development District.
This process is currently underway through a
Senate Bill 2 grant. Anticipate rezoning and
adoption of new objective standards by
December 2023.
Implements the Following Policies H-3.2, H-3.3, H-3.4, H-3.6 Responsible Agency Development Services
Funding Sources General Fund & Senate Bill 2 grant
Program H-17: Accessory Dwelling Unit Program
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) represent an important opportunity to create more affordable housing for lower and moderate-income households. The State has passed multiple bills in recent years to remove constraints to the development of ADUs and JADUs (including AB 587, AB 671, AB 68, and SB 13, among others). The City’s current ADU regulations do not comply with state law. However, the City has developed an ADU/JADU Frequently Asked Questions fact sheet and streamlined Checklist based on State Law to facilitate the review and approval of J/ADUs. Further, in 2021, the City combined Planning and Building permit review in order to minimize review time for JADUs. The City will monitor ADU development trends and new legislation to update the HMC to comply with changes in ADU and JADU law. This program aims to annually monitor provisions made to ADU legislation and amend the City’s Zoning Ordinance as necessary to ensure compliance with state law.
City of Hayward
2023-2031 Housing Element Update
6-16
Actions Objective and Timeframe
Action 17.1: Pursue mechanisms to facilitate the construction of ADUs, including but not limited to:
pre-approved standards for ADU foundation plans or prefabricated plans.
Refer property owners to programs that assist lower and moderate- income homeowners in constructing ADUs
Consider expanding/extending fee waivers for ADUs beyond state law
Facilitate the development of 320 ADUs over
the planning period. Initiate efforts in 2023.
Action 17.2: Perform a review of ADU trends and commit to adjustments if assumptions are not met. If the City is not meeting ADU goals, implement additional action(s) depending on the severity of the gap. Additional actions could include consideration of public outreach efforts, ADU incentives, and/or rezoning to bridge the gap. Encourage equitable distribution of ADU development throughout the City through targeted outreach. Monitor review times for ADU and JADU permit applications and explore ways to streamline review.
Review ADU trends every two years starting
in 2023. Action 17.3: Provide informational workshop(s) and/or publish resources on City’s website on building ADUs and JADUs. Target outreach to property owners in low- and moderate-resource areas and provide workshops and materials in English and Spanish.
Publish material on the City’s website by
June 2023 and facilitate one workshop
annually in multiple languages.
Implements the Following Policy H-3.1
Responsible Agency Development Services
Funding Sources Departmental budget
Program H-18: Duplexes and Lot-Splits
In 2021, SB 9 was passed to allow for the ministerial approval of certain housing development projects containing up to two dwelling units (i.e., duplexes) on a single-family zoned parcel. In addition to permitting two units on a single-family lot, SB 9 allows qualifying lot splits to be approved ministerially (i.e., without discretionary review or hearings) pursuant to a parcel map, upon meeting a number of criteria. SB 9 is designed to increase the housing stock in single-family residential zones, as it allows not only two dwelling units per parcel, but also certain lot splits with two housing units on each. The City will implement a monitoring program that evaluates the current capacity of housing sites for all income levels throughout the duration of the planning period.
Actions Objective and Timeframe
Action 18.1: The City will amend the HMC to address the requirements of SB 9. Amend the HMC by January 2025.
Action 18.2: Monitor state law and SB 9 projects in the City to:
Monitor who is utilizing this process
Identify how many units are being created
Identify what barriers exist to implementation of SB 9 and what solutions can be developed to address those barrier
Encourage equitable distribution of such development throughout the City through targeted workshops and outreach
Begin monitoring in January 2024.
Implements the Following Policies H-3.1, H-3.5, H-3.6
Responsible Agency Community Development
Department/Planning
Funding Sources General Fund
Housing Plan
Draft Housing Element 6-17
6.1.5 Housing For Persons with Special Needs
The City of Hayward is a diverse community with people of all backgrounds, lifestyles, family types, and income levels. Many residents also have special housing needs. State law requires the housing element to address the needs of specific special needs groups, including seniors, persons with disabilities, large families with children, female-headed households, and individuals experiencing homelessness. Meeting the needs of these residents requires a broad range of strategies for housing and other services.
Goal H-5: Provide housing choices that serve the needs of special needs populations, including seniors, homeless, female-headed households, large families, and persons with disabilities, including developmental disabilities.
Policies
H-5.1: Address Special Housing Needs: The City shall address the housing needs of special populations and extremely low-income households through emergency shelters, transitional housing, and supportive housing.
H-5.2: Housing and Supportive Services: The City shall promote housing and supportive services for households with special needs including seniors, persons with disabilities, single parents, and individuals experiencing homelessness.
H-5.3: Reasonable Accommodation: The City shall continue to implement a reasonable accommodation process for persons with disabilities to request exceptions or modifications of zoning, permit processing, and building regulations to ensure housing is accessible.
H-5.4: Support Alameda County Continuum of Care Council: The City shall support the efforts of the Alameda Countywide Continuum of Care Council in its efforts to meet the needs of homeless families and individuals.
H-5.5: Support Organizations Serving the Homeless Community: The City shall support the efforts of non-profit and community organizations that provide emergency shelter and other assistance for the homeless population, including alcohol and drug recovery programs.
H-5.6: Range of Housing for Seniors: The City shall facilitate and encourage the development of a range of housing types for seniors from which support services are readily accessible.
H-5.7: Family Housing: The City shall facilitate and encourage the development of larger rental and ownership units for families with children, including lower- and moderate-income families, and the provision of services such as childcare and after-school care when feasible.
H-5.8: Universal Design Standards: The City shall implement universal design standards or guidelines that promote accessibility for everyone regardless of age or physical ability.
City of Hayward
2023-2031 Housing Element Update
6-18
Program H-19: Housing for Special Needs Populations
The HMC is periodically updated to address a wide range of issues and California and federal law.
The City will continue to monitor its policies, standards, and regulations to ensure that they comply with applicable law. The City will also facilitate development that serves the needs of special needs populations, including seniors, homeless, female-headed households, large families, and persons with disabilities, including developmental disabilities.
Actions Objective and Timeframe
Action 19.1: Provide technical assistance for development of opportunity sites near commercial and civic services and public transit for senior housing development.
On a case-by-case basis
Action 19.2: Develop incentives for the provision of childcare in multifamily housing projects. Incentives could include parking reductions and density bonuses.
Develop incentives January 2025.
Action 19.3: Prioritize funding awards for affordable housing projects that provide units that serve the needs of at least one special needs group by creating scoring criteria that encourage the inclusion of units and services needed to support individuals with special needs.
Subject to availability of Inclusionary Housing
Trust funds, issue NOFA at least once during
compliance period and establish and
affordable housing development pipeline of
at least 3 affordable housing projects.
Action 19.4: Provide financial support to organizations such as Project Independence, Covenant House or other programs to provide a continuum of supportive and transitional services, including tenant- based rental assistance, to emancipated youth in Alameda County (youth from 18 to 24 who have aged out of the foster care system).
Annually provide ten transition age youth
with a housing subsidy.
Action 19.5: Assess the City’s capacity to accommodate individuals experiencing homelessness by comparing the most recent homeless point-in-time count to the number of shelter beds available on a year- round and seasonal basis, the number of beds that go unused on an average monthly basis, and the percentage of those in emergency shelters that move to permanent housing. If capacity is not sufficient, amend the HMC as necessary to continue to meet the City’s need (see Action 13.1).
Bi-annually with release of point-in-time
counts. Action 19.6: Support services and programs that are part of the Continuum of Care system for the homeless.
Annually as part of the City’s funding
allocation process.
Action 19.7: Continue to pursue CDBG funds and other funds, as available, to support any additional need for emergency shelters, and transitional and supportive housing programs for the homeless and those who are at-risk of becoming homeless.
As needed during annual NOFA process.
Action 19.8: Continue to fund and operate the Hayward Navigation Center and Annex, which provides transitional housing and navigation services to Hayward individuals experiencing homelessness, with the goal of transitioning residents to permanent placements.
Annually as part of the City’s funding
allocation process.
Action 19.9: Develop and implement a shallow rent subsidy program to provide small monthly rental subsidies to extremely low-income households with prior experiences of homelessness to prevent future homelessness and reduce housing cost burden.
Annually through January 2025, with option
to extend if additional funding is identified.
Action 19.10: Develop a public education campaign to educate the Hayward community about ongoing homelessness and housing development efforts and how the homeless system of care operates to build community trust and buy-in for homelessness services and housing efforts.
Implement by January 2025.
Housing Plan
Draft Housing Element 6-19
Actions Objective and Timeframe
Action 19.11: Explore funding and feasibility options for safe parking and safe camping programs to provide additional safe, secure, and sanitary options for individuals and families experiencing homelessness.
Begin exploring funding and feasibility by
January 2024.
Action 19.12: Submit feasible and eligible projects for State Homekey funding as available, leveraging local resources such as HOME for operating funding.
Ongoing, based on State Homekey NOFA
schedule.
Action 19.13: Develop Universal Design guidelines or standards to require the use of Universal Design Principles in new construction and/or rehabilitation of housing.
Develop ordinance by January 2025.
Implements the Following Policies H-5.1, H-5.2, H-5.2, H-5.3, H-5.4, H-5.6, H-5.8 Responsible Agency Development Services; City Manager
Funding Sources CDBG; HOME; American Rescue Plan Act
(ARPA); State grants
Program H-20: Community Outreach and Education
Community outreach is a key component to developing a comprehensive and inclusive housing market in the city. It is critical to engage local community groups and stakeholders from all sectors of the community in order to educate and provide inclusive housing opportunities and to understand housing needs. The goal of this program is to provide community groups that are affected by restrictions to fair and equitable housing greater opportunities for becoming informed and engaged in the City’s housing and overall planning process.
Actions Objective and Timeframe
Action 20.1: Work with local organizations such as East Bay Regional Center and La Familia to inform residents of the housing and available services.
Identify and maintain a point of contact with
the local organizations.
Action 20.2: Increase accessibility by conducting public workshops at suitable times, using online methods such as Zoom, having meetings be accessible to persons with disabilities, having meetings be accessible to nearby transit centers, and provide additional resources such as childcare, translation, and food services.
Ongoing on a case-by-case basis.
Action 20.3: Develop a list of neighborhood groups and other community organizations that advocate for protected housing groups including seniors, individuals with disabilities, large households, and other groups, and disseminate information about housing opportunities and participate in community meetings as requested.
Develop list by January 2025 and update
contact information annually. Disseminate
information on an ongoing basis as
opportunities become available.
Action 20.4: As opportunities become available, conduct a multimedia campaign regarding available homeownership, rental, housing accessibility, and rehabilitation programs in the city.
Maintain current information on the City’s
website and disseminate to at least 100
individuals annually.
Action 20.5: Work with local partners to deliver monthly housing workshops on topics including local ordinances; tenant and landlord rights and responsibilities; fair housing; habitability and health and safety code; and foreclosure prevention. Determine best method of holding meetings (online, in person) and offer childcare, translation and/or food services, if desired by community.
Monthly.
Action 20.6: Develop a language access policy to ensure residents with limited English proficiency have accessible information.
Implement policy by January 2024.
Implements the Following Policies H-5.2, H-6.1, H-6.4
City of Hayward
2023-2031 Housing Element Update
6-20
Actions Objective and Timeframe
Responsible Agency Development Services, City Manager, Community and Media Relations
Funding Sources General Fund, Rent Review Administration Fee
6.1.6 Equal Housing Opportunities for All Persons
The City recognizes the importance of extending equal housing opportunities for all persons, regardless of regardless of race, religion, sex, family status, marital status, ancestry, national origin, color, age, physical or mental disability, sexual orientation, source of income, or any other arbitrary factor.
Goal H-6: Ensure Fair and Equal Housing Opportunity.
Policies
H-6.1: Fair Housing Services: The City shall support services and programs that eliminate housing discrimination and ensure that residents are aware of their rights and responsibilities regarding fair housing.
H-6.2: Housing Discrimination: The City shall prohibit discrimination in the sale or rental of housing with regard to race, ethnic background, religion, disability, income, sex, age, and household composition.
H-6.3: Rent Stabilization, Tenant Protections & Tenant Relocation Assistance: The City shall stablish programs and actions to mitigate development impacts on displacement and gentrification and offer tenant protection.
H-6.4: Fair Housing Outreach: The City shall conduct fair housing outreach and education for Hayward residents, property owners, and housing providers to ensure each understands their rights and responsibilities.
H-6.5: Address Foreclosures: The City shall strive to prevent foreclosures and alleviate individual and community issues associated with foreclosures to preserve homeownership and promote neighborhood stability.
H-6.6 Rental Assistance: The City shall continue to support rental assistance for lower-income households who are overpaying for housing.
Program H-21: Foreclosure Prevention and Counseling
The Foreclosure Prevention and Counseling program is intended to assist at-risk homeowners with foreclosure-prevention resources including counseling, refinance loans, and legal services. The City provides assistance to at-risk homeowners through partnerships with HUD-approved non-profit counseling organizations.
Housing Plan
Draft Housing Element 6-21
Actions Objective and Timeframe
Action 21.1: Continue existing partnerships with non-profit organizations such as Housing and Economic Rights Advocates to provide mortgage delinquency, default resolution negotiation, and legal advocacy services.
Annually host 10 educational workshops in
multiple languages on foreclosure prevention,
provide mortgage delinquency and debt
resolution services to 100 eligible homeowners
and financial assistance loans up to $15,000 to
an estimated 8 eligible homeowners for three
years through December 2024.
Action 21.2: Continue to pursue CDBG funds and other funds, as available, to support non-profit organizations offering foreclosure prevention services.
As needed during annual NOFA process.
Action 21.3: Continue to partner with A1 Community Housing to provide free foreclosure prevention workshops as well as free one- on-one counseling for households at risk of foreclosure.
Monthly host three educational workshops in
multiple languages on Foreclosure Prevention.
Action 21.4: Provide information about foreclosure prevention resources in the housing programs section of the City’s website, including information about the programs available for refinancing at- risk loans, and contact information for legal services agencies and HUD-approved counseling organizations in the area. Mail foreclosure prevention materials to local residents who receive notices of default and notices of trustee sale.
Maintain current information on the City’s
website and disseminate to at least 100
qualified homeowners annually.
Implements the Following Policies H-6.4, H-6.5
Responsible Agency City Manager
Funding Sources CDBG and other state and federal funds Program H-22: Fair Housing Services
The City of Hayward contracts with the Eden Council for Hope and Opportunity (ECHO) to provide fair housing and tenant/landlord services. ECHO's Fair Housing Counseling Program conducts site investigations and enforcement in response to reports of housing discrimination complaints, performs audit-based investigations to determine degrees of housing discrimination existing in designated areas, and provides fair housing education for members of the housing industry including managers, owners, and realtors. ECHO's Tenant/Landlord Counseling Program provides information to tenants and landlords in Southern Alameda County on their housing rights and responsibilities. Additionally, ECHO has trained mediators to assist in resolving housing disputes through conciliation and mediation. The primary objective of the program is to build awareness of housing laws and prevent homelessness.
Actions Objective and Timeframe
Action 22.1: Coordinate with ECHO and the East Bay Community Law Center (EBCLC) to provide fair housing and tenant/landlord services, including fair housing counseling and education and tenant/landlord counseling and mediation.
Annually assist 200 persons with at least 50
percent of services in areas with higher
levels of housing discrimination.
Action 22.2: Provide training for property owners and managers to have access to information about requirements of federal, state and local real estate, housing discrimination, tenant protection, housing inspection, and community preservation laws; and promote training of tenants in the requirements of federal, state, and local laws so that they are aware of their rights and obligations.
Provide two training sessions annually.
City of Hayward
2023-2031 Housing Element Update
6-22
Actions Objective and Timeframe
Action 22.3: Conduct an annual workshop presented by local organizations including ECHO and Centro Legal de la Raza and/or other advocacy organizations to conduct an annual fair housing and rental housing law workshops targeted to lower-income households, senior households, and individuals with disabilities.
Hold one workshop annually in multiple
languages.
Action 22.4: As funding permits, continue to support neighborhood and community groups with training, services and technical support related to fair housing.
Annually assist 20 residents.
Action 22.5: Work with ECHO to conduct random testing at least once a year during the planning period.
Annual testing.
Implements the Following Policies H-5.1, H-5.2, H-5.5, H-5.6 H-6.1, H-6.2, H-6.3, H-6.4
Responsible Agency Development Services; City Manager’s Office Funding Sources CDBG
Program H-23: Rent Stabilization and Tenant Protections Through the Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and the Mobile home Space Rent Stabilization Ordinance (MRSO), the City implements rent increase thresholds on covered rental units and mobile home spaces. The thresholds are intended to prevent unpredictable, large rent increases promoting more housing stability, particularly for lower income residents. The City operates the rent dispute resolution process for eligible tenants and landlords, which provides mediation and arbitration paid for through and annual fee shared by the tenant and landlord to resolve disputes regarding rent increases, health and safety issues, and reduction in services. The RRSO also creates tenant retaliation protections and just cause protections for all rental units, with few exceptions, while the MRSO protects against retaliatory evictions.
Actions Objective and Timeframe
Action 23.1: Continue partnership with consultant to implement the RRSO and MRSO, including the rent dispute resolution process.
Ongoing.
Action 23.2: Continue to monitor implementation and impact of the RRSO.
Annually provide update to Homelessness-
Housing Task Force.
Action 23.3: Seek out and participate in opportunities to improve eviction and displacement prevention resources
Ongoing.
Action 23.4: Continue to provide tenants and landlords with information about local requirements and referrals to outside resources to assist with other tenant landlord disputes.
Ongoing.
Implements the Following Policies H-6.6, H-6.3
Responsible Agency City Manager
Funding Sources Rent Review Administration Fee
Program H-24: Tenant Relocation Assistance
Through the Tenant Relocation Assistance Ordinance (TRAO), the City implements temporary and permanent relocation assistance policies. The TRAO requires landlords to pay permanent assistance when performing a no-fault eviction and to pay temporary assistance when making substantial repairs or when there is a government-issued order to vacate for health and safety reasons. The City also implements an Emergency Relocation Assistance Program for low-income tenants displaced Housing Plan
Draft Housing Element 6-23
due to natural disaster or when landlord refuses to pay required relocation assistance. Collectively, these programs are intended to provide tenants with financial resources to find alternative temporary or permanent housing when displaced from their units by no fault of their own.
Actions Objective and Timeframe
Action 24.1: Continue cross collaboration among Housing Division Code Enforcement Division, Building Services, Fire Department to streamline communication and process for identifying eligible relocation assistance cases.
Ongoing on a case-by-case basis.
Action 24.2: Provide training to tenants and landlords to educate them about their rights and responsibilities related to relocation assistance.
Annually conduct one workshop for tenants
and one workshop for landlords in multiple
languages.
Action 24.3: Enforce relocation payment requirement through assessment of liens in cases where landlords fail to pay required assistance.
Ongoing.
Action 24.4: Continue to implement and monitor the Emergency Relocation Assistance Program and work to identify additional funding sources to provide ongoing program support.
Ongoing.
Action 24.5: Provide displaced tenants referrals to housing resources. Ongoing.
Implements the Following Policies H-1.1, H-5.1, H 6.3
Responsible Agency City Manager
Funding Sources Rent Review Administration Fee; ARPA
Program H-25: Consolidated Plan Update
Hayward’s Consolidated Plan describes and prioritizes the City’s housing and community development needs, as well as activities to address those needs as defined and funded by HUD. The current Plan will be updated in 2024 to strategically align with and help implement the 2023-2031 Housing Element and strengthen place-based strategies to expand housing mobility and housing supply in high-opportunity areas. The update will also seek to improve areas through targeted investment in areas with identified fair housing impediments.
Actions Objective and Timeframe
Action 25.1: Update funding policies to prioritize the improvement of public facilities and infrastructure projects that improve the quality of life and accessibility for all residents.
Annually as part of the NOFA process.
Action 25.2: Identify mechanisms to increase production and access to housing in high resource areas, such as through acquisition, rehabilitation and conversion of existing housing units to be affordable, the construction of ADUs, or through financial incentives in exchange for deed restriction of housing units for low-income use.
Adopt consolidated plan update by August
2025.
Implements the Following Policies H-2.6, H-6.3
Responsible Agency City Manager’s Office
Funding Sources CDBG
City of Hayward
2023-2031 Housing Element Update
6-24
6.2 Summary of Quantified Objectives
The City’s quantified objectives for the 2023-2031 planning period are:
Sites to facilitate new housing units, including the City’s RHNA of 547 units for extremely low- income, 528 units for very low-income households, 617 units for low-income households, 817 units for moderate-income households, and 2,115 above moderate-income households Rehabilitation of 80 affordable units
Construction of 200 affordable units
Construction of 320 ADUs
Conservation of 1,844 Section 8 Housing Choice Vouchers Preservation of 295 units at risk of converting to market-rate units Table 6-1 summarizes these objectives for the 2023-2031 planning period by income group.
Table 6-1 Quantified Housing Objectives (2023-2031)
Extremely
Low Income
Very Low
Income Low Income
Moderate
Income
Above
Moderate Income Total
RHNA 547 528 617 817 2,115 4,624
Units To be Rehabilitated 20 60 – – 80
New Construction 50 150 – – 400
ADUs 96 96 96 32 320
Section 8 Housing Choice
Vouchers to be Conserved
1,844 – – – 1,844
At-Risk Housing Units to be
Preserved
295 – – – 295
Note: Government Code Section 65583 mandates that localities calculate the subset of the very-low income regional need that constitutes the communities need for extremely low-income housing. As an alternative to calculating the subset, local jurisdictions may assume that 50 percent of the very low-income category is represented by households of extremely low income (less than 30 percent of the median family income).