2021 California Senate Bill 9 (SB 9),[1] titled the California Housing Opportunity and More Efficiency (HOME) Act, is a 2021 California state law which creates a legal process by which owners of certain single-family homes may build or split homes on their property, and prohibits all cities and counties from directly interfering with those who wish to build such homes.
| California HOME Act | |
|---|---|
 | |
| California State Legislature | |
| Full name | California Housing Opportunity and More Efficiency Act |
| Introduced | December 7, 2020 |
| Assembly voted | August 26, 2021 |
| Senate voted | August 30, 2021 |
| Signed into law | September 16, 2021 |
| Sponsor(s) | Sens. Toni Atkins, Anna Caballero, Susan Rubio, Scott Wiener, Dave Cortese, Lena Gonzalez, Mike McGuire; Assems. Robert A. Rivas, Buffy Wicks |
| Governor | Gavin Newsom |
| Code | Government Code |
| Section | 66452.6, 66411.7, 65852.21 |
| Resolution | SB 9 |
| Website | https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 |
Status: Current legislation | |
Initially, the law allowed property owners to either build two 800-square-foot homes or one duplex on their property, to result in a maximum of four housing units on a formerly single-family lot. The law has since been amended to, among other things, allow for the construction of up to eight detached ADUs on a single real property.
The bill was crafted to reduce the cost of housing in California by increasing housing supply and density within California cities and overriding municipal and county zoning laws requiring single-family zoning. The law also expands the capacity for secondary suites (also known in California as Accessory Dwelling Units - ADU's).
Background
editIn 2016, California lawmakers removed local barriers to accessory dwelling unit (ADU) construction by passing Senate Bill 1069. This was later updated in 2017 with Senate Bill 229 and Assembly Bill 494. These bills modified single-family zoning throughout California by requiring speedy local approval of up to 1,200 square foot secondary units on all residential property in California, including land zoned for single-family homes.[2] In 2019, the law was updated with Assembly Bill 68 to allow up to 500 of the 1,200 square feet to be designated a "junior accessory dwelling unit"; some commentators said this amounted to de facto triplex zoning throughout the state.[3][4]
In 2019, State Senator Scott Wiener introduced Senate Bill 50, which, in addition to reforming zoning near "transit-rich" areas, would also legalize the construction of four-plex multi-family housing statewide. The bill was defeated in a 2020 floor vote after opposition by several municipal governments.[5]
Legislative history
editDrafted by Weiner, the HOME Act was signed into law by Governor Gavin Newsom in September 2021, and went into effect on January 1, 2022.[6]
Impact
editPrior to passage, it was estimated by the Terner Center for Housing Innovation at University of California, Berkeley that around 500,000 (1 in 20) households across California would be able to qualify under SB 9. The law also had several exceptions, including the exclusion of historic districts, and a condition prohibiting the same owner from splitting adjacent lots.[7]
A study by the Terner Center conducted one year after the law took effect found that the law as passed was rarely used among 13 cities surveyed, with prospective homeowners usually opting to use the stronger protections of the ADU law instead. In addition, multiple local governments had passed ordinances to reduce usage of the HOME Act. For example, the city of Los Angeles only received 211 applications for new SB 9 units in 2022, approved only 38 of those applications, and approved none of the 28 applications for lot splits.[8] The author of the study recommended changes to the HOME Act, including more prescriptive land use and zoning standards, more flexible local SB 9 ordinances, and addressing homeownership barriers.
By May 2024, only fewer than 500 homeowners had successfully applied for lot splits or new units under SB 9, and only dozens of SB 9 projects had been completed, according to The Wall Street Journal citing state data.[9]
Subsequent litigation and legislation
editIn 2022, Newsom signed SB 897 and AB 2221, both of which clarified rules regarding compliance of ADUs with building codes and streamlined permitting.[10][11] In 2023, Newsom signed AB 1033, which allows homeowners to convert their ADUs into condominiums and sell their ADUs independently of the primary residence.[12][13]
After several charter cities sued in state court to block the enforcement of the HOME Act, on April 25, 2024, Los Angeles County Superior Court judge Chris Kin ruled against the constitutionality of the HOME Act in Redondo Beach, Whittier, Carson, Del Mar and Torrance, stating that the law did not specifically require property owners in charter cities to build below-market-rate, deed-restricted housing, and that the legislature had to demonstrate that the law addresses a statewide concern when applied to charter cities.[14] To strengthen the HOME Act, Newsom signed more bills on September 19, 2024:
- SB 450, which clarifies the intent and purpose of the law, limits the design and zoning standards cities can impose on SB 9 projects, limits the time period for cities to delay SB 9 applications for review to 60 days maximum, and allows state agencies, including the Department of Housing and Community Development, to enforce the terms of the HOME Act in court against city governments which seek to undermine it;[15]
- SB 1211, which allows people to build up to eight detached ADUs on a lot (provided that the number of detached units do not exceed the number of existing units on the property), expanding the maximum from two ADUs per lot, and allows ADUs to be built on existing parking spaces (covered or uncovered) without requiring those spots to be replaced;[16][17]
- SB 1164, which allows new ADUs to be exempt from property taxes for up to 15 years.
See also
edit- YIMBY movement – Movement in support of infrastructure development
- California housing shortage
- California Housing Accountability Act
- California Senate Bill 50, 2019 bill drafted by Weiner which would have legalized construction of up to four units of multi-family housing statewide and preempted local government control of land zoning near public transit stations and jobs centers
References
edit- ^ "Bill Text - SB-9 Housing development: approvals". leginfo.legislature.ca.gov. Retrieved July 12, 2023.
- ^ "California ADU Applications Skyrocket After Regulatory Reform". Nextcity.
- ^ "Will California's new ADU laws create a backyard building boom?". Curbed. October 11, 2019.
- ^ "Opinion: Finally, Governor signs AB 68 into law, effectively ending single-family zoning statewide". Long Beach Post.
- ^ Sheyner, Gennady. "Contentious housing bill SB 50 dies on the Senate floor". www.paloaltoonline.com. Retrieved February 14, 2020.
- ^ "Governor Newsom Signs Historic Legislation to Boost California's Housing Supply and Fight the Housing Crisis" (Press release). Office of Governor Gavin Newsom. September 16, 2021. Retrieved June 25, 2022.
- ^ Grabar, Henry (September 17, 2021). "You Can Kill Single-Family Zoning, but You Can't Kill the Suburbs". Slate. Retrieved June 25, 2022.
- ^ "California's HOME Act Turns One: Data and Insights from the First Year of Senate Bill 9". Terner Center. Retrieved November 27, 2024.
- ^ Kleimann, James. "Why a California law to create housing units hasn't worked". HousingWire. Retrieved November 27, 2024.
- ^ "Accessory Dwelling Units". California Building Officials. January 5, 2023. Retrieved September 19, 2024.
- ^ "Changes to Statewide ADU Law Due to SB-897 and AB-2221 | Burke, Williams & Sorensen, LLP". www.bwslaw.com. Retrieved September 19, 2024.
- ^ "A new law allows homeowner to sell ADUs like condos, boosting homeownership. Here's how AB 1033 works". Los Angeles Times. October 14, 2023. Retrieved September 19, 2024.
- ^ "How To Convert ADUs into Condominiums with AB 1033 | ADU | Los Angeles & Orange County Real Estate | Alena Lehrer". alenalehrer.com. Retrieved September 19, 2024.
- ^ Baldassari, Erin (April 25, 2024). "California Law Letting Property Owners Split Lots to Build New Homes Is 'Unconstitutional,' Judge Rules | KQED". www.kqed.org. Retrieved September 19, 2024.
- ^ Jennewein, Chris (September 2, 2024). "Lawmakers Close Loopholes in SB 9 to Encourage New Housing in Single-Family Neighborhoods". Times of San Diego. Retrieved September 19, 2024.
- ^ "Newsom Signs Skinner's Bill Opening Door for More ADUs". Senator Nancy Skinner. September 19, 2024. Retrieved September 19, 2024.
- ^ "2024 ADU Laws Bring Options To Multifamily Property Owners". www.greatbuildz.com. June 2, 2023. Retrieved November 27, 2024.
Further reading
edit- Demsas, Jerusalem (September 17, 2021). "California is ending a rule that helped cause its housing crisis". Vox.
- Dougherty, Conor (August 26, 2021). "After Years of Failure, California Lawmakers Pave the Way for More Housing". The New York Times.
- Garcia, David; Alameldin, Muhammad (January 18, 2023). "California's HOME Act Turns One: Data and Insights from the First Year of Senate Bill 9". University of California, Berkeley; Terner Center for Housing Innovation.
- Hase, Grace (October 8, 2021). "New law signals change in how California legislators are attacking the housing crisis". The Washington Post.
- Tobias, Manuela (April 22, 2022). "With more enforcement power than ever, state relies on activists to enforce duplex law". CalMatters.
- Wiley, Hannah (January 18, 2023). "A new California housing law has done little to encourage building, report says". Los Angeles Times.