AB 1398 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 1398	CA	2021	D	Fair distribution of housing, Planning Requirements, Written findings, burden and standard of proof

Provided by Furman

Summary

Accelerates rezoning requirements and strengthens enforcement for jurisdictions that fail to adopt housing elements on time.
Jurisdictions that fail to adopt a housing element found in substantial compliance within 120 days of the statutory deadline must complete required rezonings to accommodate housing needs at all income levels within one year of the statutory deadline (shortened from previous 3 years and 120 days).
Jurisdictions adopting elements more than one year past the deadline cannot be found in substantial compliance until required rezonings are completed.
Creates rebuttable presumption that a housing element is invalid if the jurisdiction has failed to complete required rezonings
Removes the requirement for jurisdictions to adopt 4-year housing element revisions once they have adopted a 6th revision housing element found in substantial compliance. (Previously, late jurisdictions had to revise elements every 4 years indefinitely.)
Under existing law, jurisdictions with inadequate site inventories must rezone to accommodate housing needs; this bill accelerates those timelines for late adopters.

Provided by lawmakers