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Bill would increase penalties for public agencies that violate housing laws, author tells committee
Summary
AB 712 aims to apply stronger enforcement mechanisms used in the Housing Accountability Act to a broader set of housing laws, including minimum fines, attorney's fees for successful applicants, and limits on indemnity requirements that currently deter developers from suing noncompliant agencies.
Assemblymember Ward presented AB 712 to the Senate Judiciary Committee as part of the fast-track housing package now under consideration. The bill would expand enforcement tools beyond the Housing Accountability Act (HAA) by imposing minimum fines on public agencies that violate state housing laws, awarding prevailing project applicants their attorney's fees and costs, and limiting local practices that require developers to indemnify agencies when the agencies violate housing law.
The author and supporters argued stronger enforcement would reduce repeated noncompliance by local and state agencies and help housing construction proceed more predictably. "By strengthening the enforcement of these laws, AB 712 encourages compliance and will ultimately lead to more housing being built for California's working families," said Kareem Driesi of the California Building Industry Association, a sponsor.
Opponents from special districts, healthcare and local-government organizations said the measure as drafted could create evidentiary difficulties, lead to more litigation rather than cooperative compliance, and unintentionally apply to entities without land-use authority. Special districts and local governments asked for continued negotiations and technical fixes. The author said he would continue to work with opponents but respectfully asked the committee for an "I vote." No final committee vote was recorded in the portion of the hearing in the transcript.
