"SB 828— RHNA Reform: Relying on Data, Not Politics, in Projecting Housing Needs "The Regional Housing Needs Assessment (RHNA), which is how California determines how much housing each local community should build, is based on a flawed methodology that significantly underestimates population growth and how much housing will be needed. In addition, the current RHNA allocation process is non-standardized, insufficiently connected to actual data, and highly politicized, thus giving some communities advantages when assigning state housing goals. Too often wealthier and more politically connected areas are able to pressure for lower housing allocations, while lower-income areas receive higher housing allocations. This pushes a disproportionate amount of development into lower-income communities.
"SB 828 creates a clearer, fairer, more data-driven, and more equitable process for how the state and regional bodies assign RHNA numbers to local communities. It does so by requiring a more data-focused, objective process and by creating stronger guardrails, thus reducing the wiggle room jurisdictions use to lower their RHNA allocations. SB 828 also requires communities to begin making up for past RHNA deficits. California has a huge housing deficit due to years of under-production, and we need to dig out of that hole."
Intent Bill Text
This is the text of the bill as introduced, in "intent bill" form, i.e. leaves most details unspecified.
SENATE BILL No. 828
Introduced by Senator Wiener
January 03, 2018
An act relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 828, as introduced, Wiener. Land use: housing element.
The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that bears relation to its planning. That law also requires the general plan to include a housing element and requires a planning agency to submit a draft of the housing element to the Department of Housing and Community Development for review, as specified.
This bill would state the intent of the Legislature to enact legislation that would, among other things, require the department to take certain actions relating to unmet housing needs, including completing a comprehensive assessment on unmet need for each region and including the results of the assessment in regional allocations for the next housing element cycle.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to enact legislation that would do all of the following:
(a) Require the Department of Housing and Community Development to address the historic underproduction of housing by completing a comprehensive assessment on unmet need for each region and including the results of the assessment in regional allocations for the next housing element cycle.
(b) Establish a methodology for the comprehensive assessment on unmet need that acknowledges the following:
(1) Median rent or home prices that exceed median income will be alleviated by rapidly increasing housing supply, particularly housing supply for moderate and above-moderate income households.
(2) Communities with high rates of income growth must also have a high rate of new housing production for households of all income levels to ensure equity and stabilize home prices and communities.
(c) Authorize the department to challenge the methodology for local allocations made by a council of government or regional planning agency.
(d) Require the department, after a council of government has submitted its allocation plan and methodology for approval, to rollover any housing allocation that was not met from the previous housing element cycle based on the annual production report submitted pursuant to Section 65400 of the Government Code and to add these numbers to local allocations.
(e) Prohibit a council of government from underestimating allocations for local jurisdictions based on predicted additional unmet need allocations.
(f) Require a local jurisdiction to plan and accommodate for 200 percent of the local housing allocation for every income category in its housing element.
Notes / Issues
YIMBYwiki @YIMBYwiki 25 Sep 2017
Replying to @RentController @geographyjim @LondonYIMBY
"There are various contexts in which 'supply of land' is concretely measured and regulated. Eg in UK, #5YHLS, Five Year Housing Land Supply."
- Bromfield, Heather, and Eli Moore. "Unfair Shares: Racial Disparities and the Regional Housing Needs Allocation Process in the Bay Area." (Research Brief). Haas Institute, University of California Berkeley, August 2017. http://haasinstitute.berkeley.edu/sites/default/files/haasinstitute_unfairshares_rhnabayarea_publish.pdf.
- California Legislative Information. "SB-828 Land use: housing element.(2017-2018)." http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB828.
- Edgar, Laura. “Javid announces methodology to assess local housing need.” The Planner (UK) 14/09/2017
- Wiener Scott. "Senate Bill 828 – Fixing RHNA [Fact Sheet.]". 4 Jan 2018. https://drive.google.com/open?id=1hYImyevYoes-dGYIMl25MPgdBv-4PLnz.