2021 State Legislation Summary
City of Riverside Housing and Homelessness Committee
No. AB/SB Bill No. Topic General Overview Lead City Impacted Department(s) Effective Date
1 AB 948 Real Estate Changes to licensing and continuing education requirements for real estate appraisers. Bureau of Real Estate N/A January 1, 2022 2 AB 1466 Real Estate Requires parties to real estate transactions to follow procedures to modify deeds and other property documents to remove illegal, discriminatory restrictions during the recordation process. Bureau of Real Estate N/A January 1, 2022 3 SB 263 Real Estate Changes licensing education requirements for real estate brokers and agents. Bureau of Real Estate N/A January 1, 2022 4 AB 447
Califonia Tax Credit
Allocation
Committee
Changes restrictions, eligibility and allocation methods for tax credit financing for affordable housing. Califonia Tax Credit Allocation Committee Housing Authority January 1, 2022
5 AB 1297 Public Financing Allows state Infrastructure and Economic Development Bank to finance housing in limited circumstances when associated with public development projects.
Infrastructure and
Economic Development
Bank
N/A January 1, 2022
6 AB 68 Statewide Housing
Plan Changes requirements for content, publication and reporting related to the California Statewide Housing Plan. State Housing and Community Development N/A January 1, 2023
7 SB 791 Surplus Land
Establishes Surplus Land Unit within HCD. Unit would facilitate agreements between housing developers and local agencies that dispose of land; provide technical assistance to local agencies with surplus land and developers that seek to develop housing on the surplus land; and assist housing developers and local agencies with obtaining grants, loans, tax credits, and other types of financing.
State Housing and
Community Development
Housing Authority
Successor Agency January 1, 2022
8 AB 1095 Affordable Housing Requires funds administered by the Strategic Growth Council for affordable housing to be made available for affordable home ownership projects in addition to affordable rental projects. Strategic Growth Council Housing Authority January 1, 2022 9 SB 381 Surplus Land Applies only to the City of South Pasadena N/A N/A Immediately
RESPONSIBILITY OF OTHER AGENCIES
1 2021 State Legislation Summary
City of Riverside Housing and Homelessness Committee
No. AB/SB Bill No. Topic General Overview Lead City Impacted Department(s) Effective Date
1 AB 215 Housing Element
Requires draft Housing Element (HE) updates to be made available for 30 days of public review and 10 days of revision prior to submitting for HCD review; requires subsequent revisions to be posted online and sent to interested parties; increases HCD review time from 60 to 90 days.
Authorizes the Attorney General or HCD to bring action against local agencies when Housing Accountability Act (HAA) is violated.
Planning Planning
City Attorney's Office January 1, 2022
2 AB 571 Density Bonus Prohibits affordable housing linkage from being imposed on affordable units in Density Bonus projects. N/A Planning Housing Authority January 1, 2022
3 AB 634 Density Bonus Clarifies that the Density Bonus Law does not prohibit jurisdictions from requiring affordability periods longer than 55 years. Planning Planning January 1, 2022
4 AB 721 Affordable Housing Makes deed restrictions that limit the number of units, number of families/persons, size or location of units, etc. unenforceable against affordable housing development. N/A Housing Authority
Planning
City Attorney's Office
January 1, 2022
5 AB 787 Housing Element Allows jurisdictions to count market-rate units that are converted to affordable units toward up to 25% of their Moderate Income Regional Housing Needs Allocation (RHNA). Planning Housing Authority January 1, 2022 6 AB 1029 Housing Element
Housing elements: prohousing local policies - Adds the preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units to the list of specified pro-housing local policies.
Planning Housing Authority Immediately
7 AB 1174 Housing Element Makes changes to the existing streamlined, ministerial approval process for housing development in jurisdictions that have not yet made enough progress towards their allocation of their regional housing needs. Planning Planning Immediately 8 AB 1304 Housing Element Affirmatively further fair housing: housing element: inventory of land. Planning Planning Housing Authority January 1, 2022
9 AB 1398 Housing Element
Changes compliance deadline for housing element rezoning programs from 3 years to 1 year for jurisdictions that fail to adopt a compliant HE by the deadline. Provides that jurisdictions that timely adopt a 6th Cycle Housing Element by the deadline will have satisfied an applicable 6th-Cycle mid-cycle (4-year) update.
Housing and Community
Development Planning January 1, 2022
10 SB 10 Process
Creates a voluntary process for local governments to access a streamlined zoning process for new multi-unit housing near transit or in urban infill areas, with up to 10 units per parcel. The legislation simplifies the CEQA requirements for upzoning, giving local leaders another tool to voluntarily increase density and provide affordable rental opportunities to more Californians.
Planning Planning January 1, 2022
LOW IMPACT
2 2021 State Legislation Summary
City of Riverside Housing and Homelessness Committee
No. AB/SB Bill No. Topic General Overview Lead City Impacted Department(s) Effective Date
1 AB 345 ADUs Requires jurisdictions to allow ADUs to be separately conveyed (sold) as part of a tenancy-in-common arrangement, if the ADU was developed by a qualified nonprofit organization. Planning Planning
Housing Authority
Public Works
January 1, 2022
2 AB 491 Affordable Housing Requires that mixed-income developments provide same entrances, common areas and amenities for affordable and market-rate units; prohibits confining affordable units to specific floor or area.
Housing Authority
Planning
Housing Authority
Planning
Building & Safety
January 1, 2022
3 AB 1043 Affordable Housing Creates a new income category for affordable housing: Acutely Low-Income – less than 15% AMI and limits housing development receiving certain types of assistance to acutely low-income households. Housing Authority Housing Authority Planning January 1, 2022
4 AB 1584 Omnibus
ADUs: Clarifies unenforceability of CC&Rs that prohibit ADUs and also applies to certain common interest developments
Mobilehome Parks: Extends notification of tenancy terminations from 15 to 60 days Homeowner Bill of Rights: Clean-up/clarifying changes; Real Estate: Changes process and timing for making court decisions available to public
Housing Accountability Act: Clarifies that request for a Density Bonus concession/waiver/incentive does not create inconsistency with applicable plans for HAA purposes; clarifies that for supportive housing development, maximum rents are those specified by the requirements of whichever program financing the project is receiving Affordable Housing: Revises reporting requirements that HCD must follow Mobilehome Parks: Clarifies that properties with manufactured ADUs are not mobilehome parks under existing law
Successor Agency: Requires that retained housing units or new housing development on successor agency properties be made available to persons and families displaced by the development and to lower-income descendants of those displaced persons
Varies
Planning
Housing Authority
Successor Agency
City Attorney's Office
January 1, 2022
MODERATE IMPACT
3 2021 State Legislation Summary
City of Riverside Housing and Homelessness Committee
No. AB/SB Bill No. Topic General Overview Lead City Impacted Department(s) Effective Date
5 SB 8 Process
Extends the provisions of the Housing Crisis Act of 2019 through 2030. The Housing Crisis Act of 2019, which was scheduled to expire in 2025, accelerates the approval process for housing projects, curtails local governments’ ability to downzone and limits fee increases on housing applications, among other key accountability provisions.
Planning Planning January 1, 2022
6 SB
290 Density Bonus
Requires affordable units required by inclusionary zoning to be included in the base density on which a density bonus is based. Provides an incentive/concession to student housing developments with 20% lower income units.
Changes to density bonus eligibility for for-sale common interest developments. Extends maximum 0.5 space/unit parking requirement to developments with 40% moderate income units. Extends annual reporting requirements to capture lower-income student housing units in density bonus projects. Eliminates “specific adverse impact on the physical environment” from list of reasons why a local jurisdiction can deny a request for an incentive/waiver/concession under Density Bonus law.
Planning Planning
Housing Authority January 1, 2022
7 SB 478 Zoning
In multifamily and mixed use zones, prohibits local jurisdictions from imposing: 1) a maximum FAR of less than 1.0 for developments of 3 to 7 units; and 2) less than 1.25 for developments of 8 to 10 units. Also prohibits imposition of lot coverage standards that would preclude these developments from achieving at least these FARs. Prohibits local jurisdictions from denying housing developments on the basis that the lot does not meet minimum lot size requirements. Makes unenforceable CC&Rs or deed restrictions that precludes developments from achieving these FARs. Authorizes Attorney General or HCD to enforce these requirements.
Planning Planning
City Attorney's Office January 1, 2022
8 SB 591 Senior Housing
Allows senior housing developments affordable to lower-income households to permit up to 20% of units to be occupied by caregivers or transition-aged youth. Prohibits evictions or lease terminations to comply with age- restricted occupancy requirements.
Planning Planning
Housing Authority January 1, 2022
9 SB 728 Density Bonus
For for-sale projects receiving a density bonus, requires that initial sale of units to lower-income households include an equity sharing agreement. Also requires equity sharing agreements and a repurchase option for nonprofit housing organizations receiving a welfare tax exemption that assist lower-income households in purchase of such units.
Housing Authority Housing Authority
Planning January 1, 2022
MODERATE IMPACT (continued)
4 2021 State Legislation Summary
City of Riverside Housing and Homelessness Committee
No. AB/SB Bill No. Topic General Overview Lead City Impacted Department(s) Effective Date
1 AB 602 Impact fees
Changes requirements for conducting nexus studies and imposing impact fees. Limits new impact fees imposed to proportionality with square footage of units. Requires development and impact fee schedules to be posted online.
Requires total fees charged for individual projects to be posted online.
Requires HCD to create an impact fee nexus study template.
Authorizes members of the public to submit evidence that a jurisdiction has not complied with the requirements of the Mitigation Fee Act when proposing to adopt new or increased impact fees.
Varies
Planning
Housing Authority
Public Works
Riverside Public
Utilities
Parks and Community
Service
January 1, 2022
2 AB 838 Enforcement
Requires local jurisdiction that receives substandard housing complaints to, at no cost to the reporting party, inspect the property and report observed violations to the owner and establish a timeframe for compliance.
Prohibits jurisdictions from assessing a fee or charge for complaint inspections that do not result in a violation.
Building & Safety
Code Enforcement
Building & Saftey
Code Enforcement
City Attorney's Office
January 1, 2022
3 SB
9 Process
The California Housing Opportunity and More Efficiency (HOME) Act facilitates the process for homeowners to build a duplex or split their current residential lot, expanding housing options for people of all incomes that will create more opportunities for homeowners to add units on their existing properties. It includes provisions to prevent the displacement of existing renters and protect historic districts, fire-prone areas and environmental quality.
Planning
Public Works
Planning
Public Works
Building & Safety
January 1, 2022
HIGH IMPACT
5