Details

Title	Anti-Nimby Tools
Highlights	Lengthy approval processes are time consuming and costly to the developer.   California automatically approves a project if it has not been processed within a set timeframe.                       Local governments sometimes enact laws barring affordable housing in their communities.   California requires that each city and county must identify sites for affordable housing in their general plan.                       Environmental compliance regulations can cause delays and setbacks for affordable housing projects.   Affordable housing projects in urbanized areas are exempt from CEPA provided the site is free from environmental contaminants and is not a wildlife habitat.                       Developers sometimes lack incentive to build affordable housing units.   California grants density bonuses and at lease one other incentive to housing developments that have a certain percentage of units available for low-income people.
Description	This paper from the California Housing Law Project lists numerous California State laws set up to combat the obstacles local governments place to restrict affordable housing in their communities. These laws limit the power of local governments and place fair share obligations on them for affordable housing. The Housing Element Law requires that each city and county adopt a housing element in their general plan that identifies sites for affordable housing. The “Anti-NIMBY” Law prohibits local governments from disapproving an affordable housing project unless the project has an adverse impact on the health and safety, is being placed in a low-income area, or the project is inconsistent with the general plan. California also law prohibiting discrimination against affordable housing developments, developers, or potential residents by local agencies. This law applies also to any land use action that has a disproportionate impact on affordable housing occupants. Further, Californian and Federal Fair Housing laws prohibit discrimination of any kind. An additional law dictates that local water and sewer districts must grant priority hook-ups to projects that help meet the community’s fair share housing need. California has a density bonus law that grants projects with a certain percentage of affordable units a 25% increase in density and at least one other incentive, such as a reduction in parking or design standards. Also, a law entitled the “Permits Streamlining Act” requires cities and counties publish a timeline and description of the information that applicants must submit for projects. If the project is not approved within the timeline, then it is automatically approved. California has a “Bonds/Attorney Fees in NIMBY Lawsuits” that allows a court to require NIMBY proponents to post a bond and to pay attorneys fees. Lastly, affordable housing developments of less than 100 units located in urbanized areas are exempt from CEQA, provided the site is not a wildlife habitat and is assessed for environmental contaminants.
Publication Date	2003
Organization	California Housing Law Project
Web Location	http://www.housingadvocates.org/default.asp?ID=167

Notice: The contents of this record reflect the views of the author and/or promulgating municipality, and should not be construed as representing the views or policies of the U.S. Department of Housing and Urban Development or U.S. HUD's Office of Policy Development and Research. No attempt has been made by U.S. HUD or its contractors to verify the accuracy, currency, or validity of the record contents presented herein.