Press Release

Senator Wiener Introduces Legislation to Strengthen Landmark Housing Streamlining Laws

SAN FRANCISCO – Senator Scott Wiener (D-San Francisco) introduced SB 677, legislation to strengthen two of California’s landmark housing streamlining laws, SB 9 (Atkins, 2021) and SB 423 (2023, Wiener) to help communities across California meet their housing production goals and to help end California’s severe housing shortage. SB 677 makes a number of technical changes to existing laws to streamline permitting and boost housing production in California.

SB 423 (and SB 35, the law on which it is based) has streamlined the production of tens of thousands of homes across California, but overly restrictive inclusionary requirements have limited the number of affordable homes produced under the law. In addition, the law has not fully kicked in yet in many parts of the state because the assessments that trigger the law are too infrequent.

SB 9 is a landmark accomplishment that sought to legalize duplexes across the state and functionally end single family zoning. Unfortunately, the law has at times proved difficult to utilize effectively, and too few applications have been submitted. SB 677 will strengthen this landmark law.

“We are making real progress on housing in California, but we need to go further, faster to meet our housing goals and tackle the affordability crisis crushing families across the state,” said Senator Wiener. “By strengthening some of our landmark tools with lessons learned from the past few years, we can build on our progress and deliver a more affordable future for all Californians.”

Improvements to SB 423 include:

  • Expand market-rate project streamlining (subject to 20% instead of 50% inclusionary requirements) in jurisdictions solely failing to meet lower income RHNA goals.
  • Increase the re-evaluation frequency from every half-RHNA cycle (every 4 years for most jurisdictions) to every quarter-RHNA cycle (every 2 years for most jurisdictions).
  • Shift the burden of proof to require local governments to provide evidence of environmental criteria ineligibility, and make other environmental criteria clarifications.

Improvements to SB 9 include:

  • Prevent Homeowners Associations (HOAs) and Covenants, Conditions, and Restrictions (CC&Rs) from prohibiting or restricting SB 9 projects.
  • Restrict the use of Owner-Occupancy Requirements.
  • Bring parity with environmental eligibility criteria from Senate Bill 423.
  • Add reporting requirements for local governments and state review for HCD.
  • Reduce coastal commission SB 9 permitting obstacles and delays.
  • Make several changes to address land use decisions designed to impede the law’s applicability, regarding setbacks, upzonings, height limits, lot coverage limitations, access requirements, and other objective design standards and permitting requirements.
  • Make several ministerial and streamlined approval changes.

“SB 677 doubles down on the pro-housing policies California desperately needs. SB 423 and SB 9 have already proven to be game-changers for housing production, and SB 677 will strengthen these reforms,” said Corey Smith, Executive Director of HAC. “We applaud Senator Wiener’s continued efforts to cut through red tape and bureaucratic delays, ensuring that homes actually get built in the communities that have long resisted growth. With our state still facing a dire housing shortage, this legislation is a necessary step toward making housing more affordable and accessible for all Californians."

"SB 9 and SB 423 are key tools in our fight to build new homes, of all kinds, faster,” said Brian Hanlon, CEO of California YIMBY. “SB 677 ensures these vital housing laws work to their full potential, in the neighborhoods that need them the most. We’re grateful to Senator Wiener for his leadership in making California more resilient and affordable for everyone.”

SB 677 is sponsored by the Housing Action Coalition and California YIMBY.

 

###