AB 602 Clears State Legislature!
Now request Governor Schwarzenegger to Sign
AB 602 addresses something that was promised in the original SB 375 bill negotiations. AB 602 overturns a portion of the Urban Habitat Program v. City of Pleasanton (2008) case, in which an appellate court ignored clear legislative intent and limited all challenges to a housing element's adequacy to the first 90 days after the element is adopted.
With up to 200 jurisdictions adopting elements at one time and only a handful of legal aid attorneys to track them, this short timeframe virtually ensures that most deficiencies will go unchallenged.
AB 602 returns the law to its pre-Pleasanton state, which had allowed challenges to be brought any time during the planning period. Cities, housing advocates, and for-profit builders had agreed on that interpretation for the prior 25 years.
Californians have used this accountability mechanism sparingly, filing suit fewer than 20 times. Its existence, however, spurred numerous jurisdictions to conduct better planning to provide housing opportunities for people at all income levels.
Take Action on on redevelopment and help protect housing funds now!
In continuing efforts to increase access to supportive housing for high utilizers of public health resources, and maximize the efficient use of scarce public resources, City and County Departments issued the first collaborative Notice of Funding Availability (NOFA) last month.
