AB 1771

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 1771	CA	2018	D	Affordable housing incentives and financing, Appeals, Environmental review, Fair distribution of housing, Planning for climate adaptation and hazards, Planning Requirements, Written findings, burden and standard of proof

Provided by Furman

Summary

Requires the regional housing needs allocation plan to promote achievement of regional greenhouse gas reduction targets, improve balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers, and affirmatively further fair housing.
Requires councils of government to provide data regarding the loss of units during a declared state of emergency that have not been replaced during the preceding planning period to the Department of Housing and Community Development to support its fourth revision of regional housing needs.
Requires councils of governments to review and compile information available in Analyses of Impediments to Faith Housing Choice or Assessments of Fair Housing within its survey of member jurisdictions prior to the scheduled revision of the regional housing need allocation plan;

Requires councils of governments to report upon the results of the survey of fair housing issues, including identification of significant barriers to affirmatively furthering fair housing at the regional level;
Requires councils of governments to include the following data, if available, in their development of methodology to allocate regional housing needs:

Estimation of the number of low-wage jobs and how many housing units affordable to low-wage workers in each jurisdiction, along with projected job and household growth;
Opportunities and constraints to the development of additional housing in each jurisdiction, including land subject to approved local ballot measures that restricts its conversion to non-agricultural uses;
The percentage of rent and severely rent-burdened households at various income levels;
The rate of overcrowding;
Loss of units during a declared state of emergency that have yet to be replaced;
Greenhouse gas emissions targets; and
Any other factors adopted by the council of governments, provided the council specifies which objective the factor furthers;

Requires councils of governments to publish a draft allocation methodology on its website and to submit it, along with supporting information, to the Department of Housing and Community Development;
Instructs the Department of Housing and Community Development to review the draft allocation methodology and report its written findings to the council of governments within 60 days; and
Requires such written findings to include a determination of whether the methodology further the objectives of the fourth revision of regional housing needs. If the Department determines the methodology does not further the objectives, the councils of governments must revise the methodology or adopt it as is, while including in its resolution of adoption, written findings, supported by substantial evidence, as to why the council of governments believes that the methodology furthers the objectives.

Requires a local government to appeal the draft allocation within 45 days of receipt, rather than 60;

Limits appeals to circumstances in which the council of government failed to determine its regional housing need in a manner that affirmatively furthers fair housing or significant and unforeseen change merits revision of information supporting the regional housing need; and
Outlines the appeals process for local governments objecting to the draft allocation.

Provided by lawmakers