AB 1486 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 1486	CA	2019	D	"Co-Living" and Single-Room Occupancy, Appeals, By-right zoning, Deadlines, Enforcement, Fair distribution of housing, Inclusionary zoning, Other streamlining, Planning for climate adaptation and hazards, Planning Requirements, Publicly-owned, Streamline application, Technical assistance, Vacant or blighted lands, Written findings, burden and standard of proof

Provided by Furman

Summary

Expands the definition of “local agency” subject to surplus land disposal requirements to include water, utility, and park districts, joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political subdivisions.
Revises the definition of “surplus land” to require formal action by the local agency’s governing body at a public meeting, supported by written findings, declaring the land surplus and unnecessary for agency use.
Replaces written offers to sell with notices of availability sent to HCD-registered entities; requires HCD to maintain a statewide listing of all notices on its website.
Prohibits disposal terms that disallow residential use, reduce allowable residential density, or impose design standards that would adversely affect housing viability or affordability.
Requires local agencies to prioritize the proposal offering the deepest average affordability when two proposals provide the same number of affordable units.
Requires local agencies to submit a description of the disposal process to HCD before agreeing to terms; HCD must review and submit written findings within 30 days if the proposed disposal would violate state law.
Imposes penalties of 30% of the final sale price for first violations of disposal notification requirements and 50% for subsequent violations, deposited into a local housing trust fund.
Requires 15% of residential units on disposed surplus land to be affordable to lower income households if 10 or more units are developed, including for district disposals rezoned within 5 years of disposal.
Requires cities and counties to include in their annual housing progress reports a listing of sites disposed of in the prior year and to describe plans for disposing of nonvacant sites in their housing element land inventory.
Authorizes HCD to notify the Attorney General of surplus land disposal violations, consistent with existing enforcement authority under the Housing Accountability Act and Density Bonus Law.