1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org April 4, 2024
The Honorable David A. Alvarez
Member, California State Assembly
1021 O St, Room 5320
Sacramento, CA 95814
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance Notice of Opposition (As of April 1, 2024)
Dear Assemblymember Alvarez,
The League of California Cities (Cal Cities) regretfully must oppose your measure AB 1886, because it turns its back to a fundamental provision of housing element law: A city may disagree with HCD; explain why its housing element is in substantial compliance with the law; and then adopt that housing element which is thereafter considered “in substantial compliance with housing element law.”
For decades, cities have worked with HCD to draft housing plans that accommodate their fair share of housing at all income levels. These extensive and complex plans can take years to develop, include public involvement and engagement, and environmental review.
Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD disagrees. Current law acknowledges this fact by allowing cities to “self-certify” their housing element or take the issue to court and have a judge make the final determination of substantial compliance.
AB 1886 encourages “builder’s remedy” projects by eliminating self-certification for the purpose of what it means to have a housing element “in substantial compliance with the law.” The “builder’s remedy” allows a developer to choose any site other than a site that is identified for very low-, low-, or moderate-income housing, and construct a project that is inconsistent with both the city’s general plan and zoning. AB 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence.
Cal Cities believes that AB 1886 is counterproductive. What is really needed is for HCD to partner with cities to provide meaningful direction that helps them finalize their housing elements and put those plans to work so that much needed housing construction can occur. For these reasons, Cal Cities respectfully opposes AB 1886. If you have any questions, do not hesitate to contact me at [email protected].
Sincerely,
Brady Guertin
Legislative Affairs, Lobbyist
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