Signs Landmark Duplex and Lot-Split Legislation into Law, SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects, California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others, Holland & Knight First in California to Secure Housing Approval Through Litigation Under Streamlining Law, California Court of Appeal Sides with Holland & Knight Clients in Landmark Housing Case, California's 2019 Housing Laws: What You Need to Know, California's 2020 Housing Laws: What You Need to Know, SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects, A Closer Look at California's New Housing Production Laws, California's 2021 Housing Laws: What You Need to Know. Among the 43 new bills that address homelessness, climate change and affordable housing is one that seeks to get organic material out of the state's landfills. Your support is vital to JPR's ability to cover regional issues, and bring you fact-based news. (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) General view of the Hollywood sign on a hill above Los Angeles, California. The Affordable Housing and High Road Jobs Act identifies areas zoned for parking, retail or office buildings where land could be used for housing. California has provided housing or shelter to more than 67,000 people since the beginning of the pandemic and 55,000 housing units have been or are in the process of being deployed. The physical feasibility of adding duplexes, lot splits and Accessory Dwelling Units (ADUs) on single-family lots will likely determine how frequently these tools will be utilized. But now, the law could be put on hold. AFFH means, among other things, "taking meaningful actions that overcome patterns of segregation and foster inclusive communities" and "address significant disparities in housing needs and in access to opportunity." And if you reply yes, youre not going to get that unit, Martin said. Those with violent or serious felonies in their backgrounds wouldnt get their records automatically sealed, but would be able to petition a court to have them sealed. SB 290 adds the ability to request one concession or incentive for projects that include at least 20 percent of the total units for lower-income students in a student housing development. Climate and Environment Dozens of climate-related bills were signed into. Existing law deems that a building is substandard if it endangers the life, health, or safety of its residents. One new law would task the California Department of Education with developing evidence-based best practices for restorative justice. During 2022 just under 1,000 laws were approved in California and are set to start impacting the lives of state residents across a wide variety of topics. The Governor today signed a package of bills to increase coordination and accountability of the states homelessness spending, including AB 1220 by Assemblymember Luz Rivas (D-Arleta) which reforms the former Homeless Coordinating and Financing Council, renaming it the California Interagency Council on Homelessness, and bolsters the Councils powers through new data mandates and oversight authorities. (For more details regarding the SLA, see Holland & Knight's previous alert, "California's 2020 Housing Laws: What You Need to Know," Oct. 18, 2019). People in California who have served time in prison will soon have a chance to appeal to have their criminal records sealed. It passed the Senate 39-0. There are some new laws in California in 2023, including the minimum wage and jaywalking. In July 2022, the U.S. Dept. Gov. New 2022 California Laws . In addition, Assembly Bill (AB) 1584 (discussed further below under "Covenants, Conditions and Restrictions (CC&Rs)") builds on previously established laws promoting ADUs by declaring unenforceable any CC&R that prohibits, effectively prohibits or restricts the construction or use of an ADU on a lot zoned for single-family use. Thats certainly not the experience of all fast-food workers, but a significant and sizable amount; more than other industries.. This year, CapRadio is focusing on 10 new laws that could impact your world. Part 1 in New California laws for 2022 includes police use of force, elections, hate crimes, homeless children and several bills relating to the COVID-19 pandemic. SB 8 extends until 2034 the HCA provision that prohibits cities from conducting more than five hearings on an application as well as HCA provisions that provide vesting rights for housing projects that submit a qualifying "preliminary application." 3 Comments. That's about to change. FY 2023-24 Homeless Initiative Funding Recommendations Review the Draft Budget and Provide Feedback Proposed $598.4 Million Spending Plan Reflects New Framework to End Homelessness, Maximizes Measure H Funding READ MORE Mobile Clinics for People Experiencing Homelessness . This accelerated rezoning requirement, combined with other recent laws requiring agencies to make more realistic housing production assumptions and meet ever-increasing housing targets, present an important opportunity for by right processing within jurisdictions that do not meet housing targets. California's budget this year includes about $7.4 billion to pay for 30 housing and homelessness programs, according to an analysis by the nonpartisan Legislative Analyst's Office. Kobi Naseck, coalition coordinator for environmental group VISION, says that even if the referendum effort is successful, that doesnt necessarily mean the end for these protections. Within a wide-sweeping budget bill funding housing programs, AB 140 creates a new CEQA exemption for certain housing projects that are targeted at prospective residents facing homelessness and COVID hardship. SB 400 by Senator Brian W. Jones (R-Santee) Homeless children and youths: local educational agencies: collaboration, training, and reporting. To that end, $3 billion of the homelessness investment is dedicated to housing for people with the most acute behavioral and physical health needs and will create approximately 22,000 new beds and treatment slots. The intention here is that the minimum wage continues to rise with the cost of inflation, said David Huerta, president of SEIU-United Service Workers West. Those exemptions could both speed up the process and lower the cost of building homes. Leaving people on the streets and our highways is dangerous and inhumane. Photo by Jeff Chiu, AP Photo. Similar provisions have previously been included in locally adopted inclusionary housing requirements. Hundreds of new laws will take effect across California in 2023. California . It will be important to plan for affordable and market-rate unit integration from an entitlement, financing and construction perspective. Martin said he hopes the new law will spark plans for how the state can house people exiting prisons, not just while theyre on parole, but permanently. In November, California voters approved Prop. December 22, 2021 Annual Series on New California Laws Sacramento, Calif.- Part 22 in New California Laws for 2022. $22 billion housing affordability and homelessness package, four housing bills signed earlier this month, housing affordability bills signed yesterday, Presidential Major Disaster Declaration Expanded to Three Additional Storm-Impacted Counties, Governor Newsom Honors Fallen Los Angeles County Sheriffs Detective 1.18.23, Businesses Impacted by Storms Now Eligible for Emergency Tax Relief, Governor Newsom Signs Executive Order to Support Communities Impacted by Winter Storms1.16.23, Governor Newsom ProclaimsDr. Martin Luther King, Jr. Day 2023. AB 257, or the FAST Recovery Act, would create a first-of-its-kind fast-food council to set rules for chains with a hundred or more restaurants nationally. News New year Law Legislation Several notable new laws will come into effect in 2022, touching on areas including animal welfare, abortion, wages and internet access. The law builds on existing law that allows parties to eliminate unenforceable racially restrictive covenants from recorded documents but goes dramatically further by making any recorded CC&Rs that restrict the number, size or location of residences that may be built on a property, or that restrict the number of persons or families who may reside on a property, unenforceable against the owner of a 100 percent BMR housing development that is affordable to lower-income households. SACRAMENTO In September 2021, Governor Gavin Newsom announced the state had prioritized 100 high-profile encampment sites on state land to clear. California Clears More Than 1,250 Homeless Encampments in 12 Months Published: Aug 26, 2022 Since September 2021, the state has cleared an average 100 encampments per month SACRAMENTO - In September 2021, Governor Gavin Newsom announced the state had prioritized 100 high-profile encampment sites on state land to clear. Yet California Democrats continue to handicap law enforcement's ability to enforce laws against homeless individuals to force them to get the mental health and substance abuse treatment they need. With the 2022 primary elections less than six months away, candidates are diving head-first into one of California's most visible and persistent problems: homelessness. Many of these wont necessarily intersect with your everyday existence. Part 1 in New California Laws for 2022 includes police use of force, elections, hate crimes, homeless children and several bills relating to the COVID-19 pandemic. AB 1235 put into place new guidelines for shelters, allowing stays of up to 90 days and expanding eligibility for services to include young people at risk of becoming homeless. Sacramento, Calif.-. SEATTLE. It all depends on what happens in the coming days. SB 478 also makes any private development CC&R void and unenforceable if it effectively prohibits or unreasonably restricts an eligible FAR, as authorized under the new FAR standards and summarized above (and now found in Government Code Section 65913.11). AB 1443 by Assemblymember Kevin McCarty (D-Sacramento) Mental health: involuntary treatment. Effective July 1, minimum wage in the city of Los Angeles will increase from $15 per hour to $16.04 per hour for all covered employees. Researchers have found a strong link between leaving prison and entering homelessness, but have struggled to find exact data. Assembly Bill 257, the FAST Recovery Act. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Among the coalition drafting the bill was the Anti-Defamation League. Copyright 19962023 Holland & Knight LLP. The following laws have fueled the "End of Single Family Zoning" headlines. In the wake of COVID-19 and the political, social, and economic upheaval that followed, the California state legislature has responded by passing hundreds of new laws. FAR is a common mechanism in local zoning codes that limits the total floor area of a building in relation to the square footage of a lot. It also allows a single-family home lot to be split into two lots, and a duplex to be built on each lot, provided that the initial home is occupied by an owner who attests that the owner will continue to live in a unit on the property as their primary residence for at least three years. A record 310 homeless people died in the Seattle area last year, highlighting the region's struggle to house the thousands of people living on its streets. Solomon is among an estimated 7,800 people without a home in San Francisco, a city that has come to be seen as an emblem of California's staggering inability to counter the homeless crisis . To be eligible an ex-convict must have completed their sentence, and not committed any more offenses. Previously, they were simply required to maintain a distance of at least three feet. Julie Leopo/EdSource. News. The law, authored by Democratic Assembly member Dr. Akilah Weber, is an effort to disrupt the so-called school-to-prison pipeline, which refers to the disproportionate and increased likelihood of students of color particularly Black students being disciplined in school via suspension or police to end up incarcerated as adults. Senate Bill 1375, reproductive access. California's New Laws for 2022, Explained. We want to fight back against acts of intimidation, but we also have to be mindful of the First Amendment and the right to free speech, said its regional director, Seth Brysk. The new law. But, opponents of the law want to stop it before it starts. These include: SB 10, which authorizes local governments to zone any parcel for up to 10 units of residential density when the parcel is located in a transit-rich area, a jobs-rich area or an urban infill site . Additionally, an agency may not deny a housing development project located on an existing legal parcel solely on the basis that the lot area does not meet the agency's requirement for minimum lot size. The program is expected to generate up to 11,000 jobs over three years. He said housing discrimination against former inmates is rampant throughout our state and pushes many to the streets. In California there is no legal right to shelter, which means the government is not required to provide a place to sleep for every individual who needs one. That's about to change. They get kept in prison.. Newsweek has gone through the new legislation to highlight some of the most notable. Our Homeless Bill of Rights Campaign (HBR) strives to ensure that ALL people have the basic right to live where they choose without fear of harassment and criminalization. Although clearly a new requirement, AB 491 states that it is declaratory of existing law (apparently a reference to the fact the authors believe that isolating BMR units may violate current fair housing or anti-discrimination requirements), which means that state and local building officials may apply it retroactively. The following new laws are aimed at curbing the increasing cost of housing production by imposing additional procedures on jurisdictions adopting impact fees and prohibiting affordable housing fees on affordable housing units. AB 215 requires local agencies to make draft revisions of the housing element available for public comment for 30 days. The seven new projects will provide 387 housing units for people experiencing or at risk of experiencing homelessness. AB 68 requires the HCD to develop and publish on its website in an annual report regarding land use oversight actions taken against local agencies related to housing for violations of the HCA, AFFH policies (AB 686), SB 35 streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101). The bill was introduced in March by Democratic Assembly member Rebecca Bauer-Kahan and 17 co-authors from every legislative ethnic caucus. However, critics of Newsom include Kimberly Guilfoyle, his former wife who is now engaged to Donald Trump Jr., who earlier this month insisted the governor "ain't making it to the White House.". The Legislature took little action to streamline the approval of housing developments other than to extend and revise previously enacted laws. Its unacceptable, said Governor Newsom. The new law. SB 731 will allow people who have served time on or after Jan. 1, 2005, to automatically have their records expunged as long as they havent been convicted of another felony in the past four years. In order to qualify, a commercial developer must partner with a housing developer or provide housing that contains 30 percent low income units or 15 percent very low-income units. Three of the changes become effective on Jan. 1. SB 8 extends important provisions of SB 330, the Housing Crisis Act of 2019 (HCA), but the Legislature otherwise took little action to streamline the housing approval process. AB 2147, The Freedom to Walk Act, would allow law enforcement officers to stop a pedestrian for jaywalking only when "a reasonably careful person would realize there is an immediate danger of a collision."The Legislature passed, but Newsom vetoed . The . SB 224 requires mental health instruction to be included in . The most notable exceptions to duplex and lot split by right approvals are 1) the property could not have been used as a rental for the past three years, 2) the property cannot already have an accessory dwelling unit or junior ADU, 3) the new lot may not be less than 40 percent of the property and must be at least 1,200 square feet, 4) modifications to the existing home may not require the demolition of more than 25 percent of an exterior wall, and 5) neither the new duplex nor the lot split with up to four new units (a duplex on each) may not result in a significant adverse impact to the physical environment. The extra 50-cent boost in 2023 is because the law includes a provision requiring the minimum wage to increase with inflation. One law at the. In connection with for-sale density bonus units that qualified a developer for an award of a density bonus under the SDBL, SB 728 requires that such unit be either 1) initially occupied by a person or family of the required income, offered at an affordable housing cost and subject to an equity sharing agreement, or 2) purchased by a qualified nonprofit housing organization receiving a property tax welfare exemption. The UC Berkeley Labor Centermaintains a list. No longer will there be a lack of incentive for workers to join the construction workforce. Attorney Advertising. Mar 29, 2022 Crime data released by District Attorney reveals homeless individuals are up to 514 times more likely to commit crimes. One underappreciated provision of Housing Element Law is the requirement that, if a city cannot identify sufficient sites adequate to accommodate its regional housing need, the Housing Element must commit to rezone properties within three years to allow "by right" development of 20 percent BMR projects. Gov. The Legislature has continued the trend of amending the Surplus Land Act (SLA), enacted in 2019 to activate underutilized publicly owned land to encourage the development of affordable housing. The unit may adopt, amend and repeal regulations and rules; provide advice to agencies seeking to dispose of land; and facilitate agreements, grants and other types of financing for housing developers and local agencies to support the construction of housing on surplus land. If the answer is no, they then do not get paroled, Martin explained. Los Angeles Times. And we really do believe that this bill strikes that right balance.. They all needed to be treated equally, Bauer-Kahan said. (For additional analysis, please see Holland & Knight's alert, "California Gov. That's more than double the federal minimum of $7.25 an hour. (See Holland and Knight's previous alert, "SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects," May 28, 2021.) The new law. AB 838, effective July 1, 2022, requires a city or country to investigate a complaint of a substandard building. It also allows for housing on that land, and exempts such projects from local approval processes and the California Environmental Quality Act. Governor Newsom joins Caltrans at an encampment cleanup in Los Angeles Thursday. In addition to SB 478 (discussed above), which restricts CC&Rs that impose FAR restrictions, laws restricting CC&Rs include the following: One of the most under-publicized laws of the 2021 session, AB 721 makes recorded covenants that limit residential development unenforceable against qualifying affordable housing developments. AB 1304 further reforms these requirements by clarifying that public agencies have a mandatory duty to comply with AFFH requirements by requiring housing element site inventories to identify sites needed to meet the AFFH requirement and analyze the relationship of those sites to the locality's AFFH duty, and providing other further specific guidance about how housing elements must analyze AFFH policies and goals. 09/21/2022 04:30 AM EDT. Single-Family Homes and Lots Zoned for Single-Family Residences, Covenants, Conditions and Restrictions (CC&Rs), Equity, Fair Housing and Below Market Rate (BMR) Housing, California Environmental Quality Act (CEQA) Litigation, Clarify that the SDBL more broadly applies to projects with for-sale housing by replacing prior references to "common interest developments" with references to for-sale housing, Provide that when determining the required percentage of units that must be affordable in order to qualify for SDBL benefits, the "total units" or "total dwelling units", Provide that an impact on the physical environment is no longer an appropriate basis for denying a concession or incentive, aligning the SDBL with the Housing Accountability Act's (HAA) basis for denying or reducing the density of a qualifying housing development project, Impose a new parking maximum of 0.5 spaces per bedroom for a development that includes 40 percent moderate income, for-sale units and is within a half-mile of a major transit stop to which residents have unobstructed access. The legislation additionally requires the SGC to adopt guidelines or selection criteria for the AHSC program that include both affordable housing rental and owner-occupied affordable housing units. Bauer-Kahan commented: "A noose and a swastika and a burning cross were treated differently, both where they could legally be placed and how they were treated as a penalty. California's Minimum Wage to Increase to $15 per Hour for Large Employers, $14 per Hour for Small Employers. Atkins own AB 154, which passed in 2013 and permitted nurse practitioners to conduct first-trimester abortions under a doctors supervision. Today, numerous laws infringe on poor people's equal protection under the law.We have introduced legislation called the Right to Rest in California , Oregon & Colorado to overturn local laws targeted to remove certain . Minimum wage bump. Here's a breakdown of 11 of those new laws taking effect in 2022, most of which lawmakers approved in the last session - (a few videos cover more than one new law on the same subject). The development must also be affordable to lower-income households. The Californian minimum wage is set to increase to $15.50, thanks to the SB 3 (2016) legislation. Its harming not only themselves, but their families, the economy, their community.. One year later, California has cleared an average of 100 encampments per month with a total of 1,262 cleared sites, removing 1,213 tons of trash enough to fill 22 Olympic-size swimming pools. AB 306 removes these requirements and requires DGS to approve the plans, specifications and methods of construction of certain factory-built school buildings to exclude from the definition of "school building" any building used or intended to be used by a school district as residential housing, meaning any building used as a personal residence by a teacher or employee of a school district or community college district. Although California Senate Bill (SB) 9 (by-right duplexes) and SB 10 (upzonings up to 10 units) received the most attention, other important laws promoting increased density were enacted, such as SB 290, which reforms the State Density Bonus Law (SDBL), and SB 478, which limits floor area ratio (FAR) and lot coverage standards that limit multifamily housing. Some cities and counties have a higher minimum wage than what is required by the state. 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