Clarity sought for state housing requirements

If the Assembly Bill 650 passes the state Senate — set to hear the legislation in coming weeks — it would mandate that the Department of Housing and Community Development, which oversees the housing element certification process, provide cities with clear, actionable guidance. 

An earlier version of the bill would have gone further, exempting jurisdictions awaiting HCD feedback from builder’s remedy. 

Papan described the current version of the bill as reasonable legislation that promotes “mutual accountability” for local governments and the state entity overseeing their housing process. 

“We’ve got to have the state help along the way too, and that’s why I think this bill puts everyone in the narrative, and everyone in the discussion,” she said. “It can’t just be one-sided.” 

The Housing Leadership Council of San Mateo County will decide on a formal position on the legislation Wednesday, policy manager Jeremy Levine said. Speaking in a personal capacity, he said if greater clarity from HCD could help cities streamline the affordable housing process, it could be a benefit to the state. 

“HCD was often clear — sometimes jurisdictions had different interpretations of what HCD was saying. Even though it seemed clear to me, if it’s helpful for jurisdictions to get even clearer guidance, that’s probably a good thing,” he said. 

Levine was also appreciative of Papan working alongside pro-housing advocates in the Assembly on the legislation, he said. 

“It’s really constructive that Assemblymember Papan is working with other strong pro-housing legislators to come up with bills that are focused on productive problem solving,” he said. 

Papan, who previously served on the San Mateo City Council, said her experience in local government has made her empathetic to jurisdictions struggling to get approval for housing elements, which are state-mandated documents developed by jurisdictions every eight years that outline how a city will reach its Regional Housing Needs Allocation, or housing goals. 

“I come out of local government and, my view is, there are cities that are working diligently, and they are not the exception to the rule. There’s very few bad actors in all of this,” she said. “You have cities working very hard at significant expense, and that’s why I introduced this bill.” 

More than 100 jurisdictions in California, including San Mateo County cities like Half Moon Bay, Woodside and Atherton, do not have a certified housing element, leaving them vulnerable to state-mandated penalties like fines and Builder’s Remedy. 

While some advocates say that cities are intentionally dragging their feet to avoid producing more affordable housing, local leaders have pushed back, calling the HCD approval process nebulous and the standards for certification unclear. 

“A lot of cities, not only in my own county, but up and down the state, have had difficulty getting their housing element certified,” Papan said. “There were a lot of jurisdictions that were working very diligently on getting their housing element done, and they were really struggling, and the process wasn’t particularly transparent, and you would get inconsistent feedback.” 

If enacted, the legislation would also begin the Regional Housing Needs Allocation six months earlier, thereby giving cities more time to produce documentation that they can meet the very-low-income, low-income, moderate income and above-income housing unit numbers that the state dictates. 

That would be applicable only when a new housing element cycle starts, Papan said. Currently, cities are within the 2023-31 Housing Element round. 

She’s confident that the legislation is reasonable, creating “mutual accountability” for local governments and the state entity overseeing their housing process by requesting HCD provide more specific feedback when reviewing local housing elements. 

“We’ve got to have the state help along the way too, and that’s why I think this bill puts everyone in the narrative, and everyone in the discussion,” she said. “It can’t just be one-sided — ‘Oh, cities, you just haven’t done enough.’ We’ve got to help cities along the way, too.” 

As California struggles with an unprecedented housing crisis, tension between state requirements for building new housing and local governments struggling to keep up with production has been steadily rising. 

Papan is hopeful that AB 650 will continue to receive bipartisan support as a way to make that sometimes-contentious process more clear for city governments. 

“I’m hopeful that those on the Senate side, and particularly those that have come out of local government will see it the same way,” she said. “I just think it’ll really make for a more transparent and informed process for all stakeholders.”