February 24, 2021
T ransitional and Supportive Housing
Overview
July 18, 2023
I. State Housing Law
II. What is Transitional and Supportive
Housing?
III. Requirements to Operate
IV. Local Government Obligations
V. Nuisance Protections
2 Outline
State Housing
Law
3 Compliance with Planning and Zoning and Fair Housing
Laws
✓ Planning and Zoning Law (CA Gov. Code, § 65000 et seq.) ✓ Housing Element Law (CA Gov. Code, § 65580‐65589.11)
✓ Affirmatively Furthering Fair Housing
provisions (See, e.g., CA Gov. Code, §§ 8899.50, 65583, subds. (c)(5),(10)) ✓ Anti-Discrimination in Land Use Law (CA Gov.
Code, § 65008)
✓ Fair Employment and Housing Act (CA Gov. Code,
§ 12900 et seq.).
State Housing
Law
4 ▪ Housing Elements to provide for a variety of
housing types, such as Transitional and
Supportive Housing permitted by-right.
▪ Preemption of Local Control
▪ Considered a residential use and subject to
only those restrictions that apply to other
residential dwellings of the same type in the
same zone (CA Gov. Code, § 65583(a)(5)).
What is
Transitional
Housing?
5 "Transitional housing" means buildings
configured as rental housing developments, but
operated under program requirements that
require the termination of assistance and
recirculating of the assisted unit to another
eligible program recipient at a predetermined
future point in time that shall be no less than six
months from the beginning of the assistance.
What is
Supportive
Housing?
6 "Supportive housing" means housing with no
limit on length of stay,that is occupied by the
target population, and that is linked to an
onsite or offsite service that assists the
supportive housing resident in retaining the
housing, improving his or her health status,
and maximizing his or her ability to live and,
when possible, work in the community.
Requirements
to Operate
7 ▪ Transitional and Supportive Housing are
not licensed or inspected by the State
▪ Subject to Local Business License
Requirement for Rental Property
(may enforce standards applicable to all
residential uses)
▪ Some have program funding requirements
Local
Government
Obligations
8 ▪ Must comply with State Housing Laws
▪ Avoid imposing standards (e.g., site manager,
visitation limitations, occupancy standards)
not imposed on similar dwellings (e.g., single-
family home, apartments) in the same zone
▪ Non-compliance may lead to:
✓ Litigation
✓ Loss of Funding
Nuisance
Protections
9 ▪ Code Enforcement and other legal processes may
be utilized for activities that constitute public nuisances; violating generally applicable building, housing, or other health and safety laws; committing fraud; or engaging in other illegal activities.
▪ According to California Department of Housing and
Community Development (HCD), research has shown that
these problems are limited to a small minority of group homes, with the majority of group homes being well
managed and operating compatibly with their surrounding neighborhoods, while providing essential housing resources.
Summary
10 ▪ The State of California has preempted local
governments from enacting more restrictive
laws on transitional and supportive housing.
▪ Transitional and supportive housing are
permitted by-right in all zones allowing
residential uses and are not subject to standards
not imposed on similar dwellings in the same
zone in which the transitional housing and
supportive housing is located.
Resources
2022 HCD Group Home T echnical Advisory
https://www.hcd.ca.gov/sites/default/files/docs/planni
ng-and-community/group-home-technical-advisory-
2022.pdf
City Contact:
Scott Webb
City Planner
(760) 955-5135
[email protected]
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