The California Department of Housing and Community Development
(HCD) recently released a
fact sheet to help jurisdictions implement
SB 9 (Atkins, 2021). SB 9 required ministerial approval of a
housing development of no more than two units in a single-family
zone (duplex), the subdivision of a parcel zoned for residential
use into two parcels (lot split), or both.
The fact sheet is intended to serve as a resource to local
agencies, homeowners, and other stakeholders, and it provides a
high-level overview of key parts of the law and addresses common
questions received by HCD from local agency staff and members of
the public in recent months.
HCD does not have authority to enforce SB 9, but violations of SB
9 may violate other statutes over which HCD does have enforcement
authority, including:
Housing Element Law
Housing Crisis Act of 2019
Accessory Dwelling Unit Law
Housing Accountability Act
As local jurisdictions implement SB 9, including through adoption
of local ordinances, it is important to keep these and other
housing laws in mind. HCD reports that its “Housing
Accountability Unit” (HAU) has received 29 complaints about local
SB 9 implementation that it is currently investigating in
coordination with the California Office of the Attorney General.
As part of the 2021-2022 state budget, HCD received funding to
add staff and increase its accountability efforts. While the
Department notes that education and technical assistance are
always the first step in its accountability efforts, the HAU
holds jurisdictions accountable for their housing element
commitments and other state housing laws.
