SB 478 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 478	CA	2021	D	Declare HOA rules void, Density Increases, Encouraging duplex, triplex, fourplexes and townhomes, Enforcement, Homeowner association rules, Lot Size Requirements, Planning Requirements

Provided by Furman

Summary

Imposing a floor area ratio standard < 1.0 on a housing development project that consists of 3 to 7 units, or < 1.25 on a housing development project that consists of 8 to 10 units.
Imposing lot coverage requirement that would physically preclude a housing development project from achieving the floor area ratios described above.
Denying a housing development project located on an existing legal parcel solely on the basis of minimum lot size.

Only applicable to specified housing development projects located in a multifamily residential zone or a mixed-use zone.
Additionally:

Requires HCD to identify violations by a local government of these provisions + give notice of violations
Makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts a housing development project from using the floor area ratio standards authorized under the provisions described above.
Does not apply to provisions that impose reasonable restrictions that do not make the implementation of a project subject to the above-described provisions infeasible.

Provided by lawmakers