SB 9, authored by freshman state senator Jesse Arreguin, was the first major pro-housing bill passed by the California State Senate this session. It now goes to the Assembly.
SB 9 was originally written to “remove the requirement of property occupancy and amend parking standards” for ADUs, but was amended in committee to simply allow the California Department of Housing and Community Development (HCD) to 1) void any noncompliant local ADU ordinance 2) substitute with state ADU law until local govt passes remedial fixes.
Also noting that, under AB 72 (2017), the HCD is allowed to decertify a local government’s noncompliant housing element (after locals’ nonresponse to repeated notices), which results in “builder’s remedy” kicking in until a complaint housing element is approved. This is the most direct enforcement action possible for HCD under current law.
SB 9 (Arreguin) would give some more teeth to HCD’s reactive enforcement powers beyond simply informing the AG of violations to trigger litigation. Theoretically, it would also function as another “builder’s remedy” for developers seeking to build more housing in the interim. (Would have been nice to keep the original text as well, but whatevs.)
Thinking that if SB 9 (Arreguin) becomes law for ADU ordinances, this could also become a template for future bills allowing HCD to temporarily void other implementing ordinances (as allowed by the HOME Act, SB 10, SB 6, AB 2011, etc.) and trigger builder’s remedy.
I’m getting the sense that Arreguin’s bill received better treatment in the Senate than Scott Wiener’s SB 79 (or Buffy Wicks’ AB 609, which just passed the Assembly this week) will likely receive because legislators are more receptive in this term to codifying stronger enforcement of existing state law rather than expanding allowed types of housing, exempting them from certain barriers, or investing more money into “affordable” housing.
Given that HCD will likely be placed by Newsom’s budget under a new California Housing and Homelessness Agency (CHHA), Arreguin’s SB 9 (if passed) will strengthen the state’s hand (and that of housing developers) against intransigent counties and cities in the years to come.
