A 35-year-old law is not living up to its moniker, the 'anti-NIMBY law'. A bill co-sponsored by a group associated with the YIMBY movement would fine cities $10,000 per housing unit if they fail to comply with the law.
One reason why California isn't building enough housing is because city councils ignore existing housing laws that, if followed, would result in more housing construction.
"A textbook example is playing out in Berkeley, which was sued last fall over a small housing development it denied," reports Katy Murphy, who covers state government for The Mercury News.
In February, the Berkeley City Council defied a court order to approve the development. The 35-year-old law — known colloquially as the “anti-NIMBY (Not In My Backyard) Act” — limits a city’s ability to reject a project that meets its zoning and land-use requirements.
Under a bill by Sen. Nancy Skinner, D-Oakland, cities like Berkeley that don’t comply with a court order would be hit with automatic fines of $10,000 per housing unit.
“SB 167 strengthens the Housing Accountability Act to help limit the denial of good housing projects that otherwise meet all local laws,” states Senator Skinner The bill, sponsored by the California Apartment Association and the California Renters Legal Advocacy and Education Fund (CaRLA), the legal advocacy arm of the YIMBY Party, has passed the Assembly and is before the Assembly Rules Committee.
The Berkeley lawsuit, now in its second iteration, was the first to be initiated by CaRLA. The group's second lawsuit, against the Contra Costa County suburb of Lafayette, was the basis of a "Sue the Suburbs" campaign after the city council approved a plan for 44 single-family homes on a property formerly considered for 315 apartments. The group lost at trial court, emailed spokesperson Sonja Trauss.
According to a 2014 blog by Reuben, Junius & Rose, LLP, the act, which had been used successfully against San Francisco and Stanislaus counties, could become a useful tool for developers to "protect well-thought-out, code and plan complying projects from unnecessary changes and size reductions." Should SB 167 become law, that possibility becomes more likely.
No net loss zoning
Finally, Sen. Skinner has also authored an accompanying bill, SB 166 on the subject of residential density and affordability, which "amends California’s existing ‘No Net Loss’ zoning law, ensuring that cities maintain an ongoing supply of identified sites for housing construction at each income level," according to her office.
For example, if a local government approves a commercial development on a site previously identified for housing, then SB 166 requires a city to identify a new site to accommodate this displaced housing.
The bill, co-sponsored by the California Rural Legal Assistance Foundation, Public Advocates, and the Western Center on Law and Poverty, has passed the Senate and is before the Assembly Rules Committee.
Other housing legislation advancing this term
- Three other key housing bills before the legislature, SB 2, SB 3, and SB 35 were the topic a post last week, "California's Housing Bills Fall Short."
- SB 35 and AB 199 are the topic of a commentary on how they would exacerbate the housing crisis.
- An inclusionary zoning bill, AB-1505 by Assemblyman Richard Bloom, D-Santa Monica, has passed the Assembly and is before the Senate Transportation and Housing Committee.
FULL STORY: Housing crisis: Will California force its cities to OK more building?
Third Rail of the Housing Debate: More Density in Single-Family Neighborhoods
If California is going to address its chronic housing shortage, single-family residential neighborhoods can no longer be ruled "off limits." Opposition to a small Berkeley subdivision spawned new housing legislation and fostered the YIMBY movement.
New Housing Law Empowers Renters Group to Sue Cities that Deny New Construction
The California Renters Legal Advocacy and Education Fund, unlike other renters groups, sees increased housing production as key to bringing down rents. It is enforcing the Housing Accountability Act in cities that arbitrarily deny new construction.
Are Charter Cities Subject to California's Housing Laws?
After a San Mateo County Superior Court judge ruled that charter cities are exempt from the Housing Accountability Act, aka the anti-NIMBY law, the state stepped in to support the appellant, a YIMBY group that launched a "Sue the Suburbs" campaign.
Depopulation Patterns Get Weird
A recent ranking of “declining” cities heavily features some of the most expensive cities in the country — including New York City and a half-dozen in the San Francisco Bay Area.
California Exodus: Population Drops Below 39 Million
Never mind the 40 million that demographers predicted the Golden State would reach by 2018. The state's population dipped below 39 million to 38.965 million last July, according to Census data released in March, the lowest since 2015.
Chicago to Turn High-Rise Offices into Housing
Four commercial buildings in the Chicago Loop have been approved for redevelopment into housing in a bid to revitalize the city’s downtown post-pandemic.
New Park Opens in the Santa Clarita Valley
The City of Santa Clarita just celebrated the grand opening of its 38th park, the 10.5-acre Skyline Ranch Park.
U.S. Supreme Court: California's Impact Fees May Violate Takings Clause
A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.
How Urban Form Impacts Housing Affordability
The way we design cities affects housing costs differently than you might think.
City of Costa Mesa
Licking County
Barrett Planning Group LLC
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
City of Universal City TX
ULI Northwest Arkansas
Town of Zionsville
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
