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State Land Use Enacted Legislation

Bill # State Year Party Topic

SB 728

CA 2021 D Affordable housing incentives and financing, Density bonus, Inclusionary zoning

Provided by Furman

Summary

  • Changes requirements for for-sale units that qualify developers for density bonuses under the Density Bonus Law. Previously required only that the initial occupant be a person or family of very low, low, or moderate income. Now requires developers and local agencies to ensure one of two pathways is met.
    • Either 1) the for-sale unit is initially occupied by a person or family of the required income, offered at an affordable housing cost, and includes an equity sharing agreement,
    • Or 2) a qualified nonprofit housing organization that receives the welfare property tax exemption for building or rehabilitating residences for low-income families purchases the unit pursuant to a recorded contract. The contract must include an affordability restriction, an equity sharing agreement, and a repurchase option requiring subsequent purchasers who wish to sell the property to first offer the nonprofit the opportunity to repurchase.
  • Relies on existing Department of Housing and Community Development authority to notify jurisdictions of violations and Attorney General authority to pursue legal remedies.

Provided by lawmakers

Bill Title

Density Bonus Law: purchase of density bonus units by nonprofit housing organizations

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