AB 323 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 323	CA	2023	D	Affordable housing incentives and financing, Density bonus, Inclusionary zoning

Provided by Furman

Summary

Allows developers to sell income-restricted owner-occupancy units constructed pursuant to a local inclusionary zoning ordinance that have not been sold within 180 days to a qualified nonprofit housing corporation;

Imposes a civil penalty of $15,000 for each sale of income-restricted owner-occupied unit to a person whose income exceeds the income restriction thresholds to be enforced by the county or city attorney in which the violation occurred;

Allows local governments to require an applicant to provide reasonable documentation to establish eligibility for incentives, concessions, waivers or reductions of development standards;

Requires a local government to grant on density bonus of 35 percent to student housing developments that restrict at least 20 percent of total units to lower income students;
Reduces the number of required incentives or concessions for fully affordable projects from five to four;
Requires that maximum densities under a general or specific plan take precedence over density allowed under a zoning ordinance if the former density exceeds the latter; and
Removes additional density bonuses for qualifying projects that would result in developments with less than 50 percent of total units restricted to moderate or lower income households.

Provided by lawmakers