SB 1037 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 1037	CA	2024	D	Enforcement, Fair distribution of housing, Planning Requirements, Written findings, burden and standard of proof

Provided by Furman

Summary

Outlines remedies available in actions brought by the Attorney General or Department of Housing and Community Development to enforce adoption of housing element revisions or to enforce state law requiring a local government to ministerially approve a planning or permitting application related to a housing development project, including:

Civil penalties of $10,000-$50,000 per month for each violation until cured,
Costs of investigating and prosecuting the action paid to the Public Rights Law Enforcement Special Fund, and
Other relief as deemed appropriate by a court, including equitable and prohibitory injunctive relief;

Allows such remedies only when a local agency’s actions or omissions are arbitrary, capricious, entirely lacking in evidentiary support, contrary to establish public policy, unlawful, or procedural unfair;
Provides that any civil penalties levied be deposited into the Building Homes and Jobs Trust Fund to develop affordable housing located in the affected jurisdiction;
Prohibits local agencies from paying penalties imposed out of funds already dedicated to affordable housing;
Authorizes the Controller to intercept funds if the jurisdiction fails to pay;
Declares that the outlined remedies are not exclusive;
Orders courts to modify existing orders concerning failure to meet a timeline for adopting housing element revisions to impose maximum penalties and all remedial provisions available.