HCD expands enforcement power over housing law compliance in California

In a recent special meeting held by the Seal Beach Council, significant discussions unfolded regarding the evolving landscape of housing laws in California. Under the bright lights of city hall, council members and officials delved into the implications of new enforcement measures introduced by the California Department of Housing and Community Development (HCD) and the State Attorney General's office.

The meeting highlighted a crucial shift in the enforcement of housing laws. Previously, if HCD certified a city's housing element as compliant with state law, that certification provided a rebuttable presumption in favor of the city in case of legal challenges. However, recent changes mean that if HCD determines a housing element does not substantially comply with state law, the burden of proof shifts dramatically. Cities now face a rebuttable presumption of invalidity, making it significantly harder to argue compliance.

This shift is not merely procedural; it carries substantial implications for local jurisdictions. HCD now possesses enhanced authority to review city actions and inactions, issuing technical assistance letters and notices of violation when compliance issues arise. The stakes are high, as HCD's enforcement actions could lead to significant financial repercussions for cities that fail to adhere to state mandates.

The council discussed the potential consequences of non-compliance, particularly regarding ministerial housing approval processes, such as those outlined in Senate Bill 9 and Assembly Bill 2011. These laws facilitate the approval of duplexes and small lot subdivisions, and failure to comply could result in hefty fines.

As the meeting concluded, officials recognized the pressing need for local agencies to align with state housing laws. The enhanced enforcement authority of HCD signals a new era of accountability for cities, emphasizing the importance of proactive compliance to avoid costly penalties. The Seal Beach Council left the meeting with a clear understanding: navigating the complexities of housing law will require diligence and cooperation with state authorities to ensure the community's housing needs are met effectively.