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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
AB 721 |
CA | 2021 | D | Affordable housing incentives and financing, Deadlines, Declare HOA rules void, Enforcement, Homeowner association rules |
Provided by Furman
Summary
- Makes density-related restrictive covenants unenforceable against affordable housing developments.
- Any recorded covenant that restricts the number, size, or location of residences, or the number of occupants, is now unenforceable against an affordable housing development.
- The bill would authorize the owner of an affordable housing development to submit, among other things, a copy of the original restrictive covenant and a restrictive covenant modification document, pursuant to the above-described provisions of existing law, that modifies or removes any existing restrictive covenant language to the extent necessary to allow an affordable housing development to proceed. Once the county counsel confirms the property qualifies as affordable housing, the illegal density restrictions are officially stricken from the public record.
- The bill does not override restrictions related to:
- Purely aesthetic objective design standards.
- Maintenance fees for common areas.
- Rent control limits.
- Conservation easements or specific state-mandated environmental deed restrictions.
- Applies to all California jurisdictions, including charter cities. It ensures that private contracts cannot be used to bypass state housing goals.
Provided by lawmakers
Bill Title
Covenants and restrictions: affordable housing
Related resources
Enacted Legislation Related Posts
Research and analysis from the Furman Center on this and related housing policy topics.
