Housing Accountability Act: appeals: Office of Housing Appeals.

Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law prescribes requirements for the housing element, including adequate sites for various types of housing based on the existing and projected need of all economic segments of the community. Existing law requires a city or county to consider guidelines adopted by the Department of Housing and Community Development (department) in preparing its housing element and prescribes a process for submitting the element for review by the department. Existing law authorizes the department to take certain actions if it determines that the housing element does not comply with prescribed requirements. The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low-, or moderate-income households and projects for emergency shelters that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings based on a preponderance of the evidence in the record. This bill would, until January 1, 2029, establish an Office of Housing Appeals (office) within the department, administered by the director of the department, to review housing development projects that are alleged to have been denied or subject to conditions in violation of the Housing Accountability Act. The bill would establish housing appeals panels, consisting of administrative law judges with specified qualifications, within the office. The bill would authorize an applicant, as defined, who proposes a housing development project, as defined, that consists of 5 or more units pursuant to the Housing Accountability Act, as described above, to appeal a local agency's decision on the project application to a housing appeals panel. The bill would prohibit an applicant from bringing an action in court alleging a violation of the Housing Accountability Act for any housing development project prior to the final decision of the office, except as specified. The bill would provide that the statute of limitations for a claim alleging a violation of the Housing Accountability Act or any other claim relating to an action of the local agency on the housing development project at issue does not commence until the date of the final decision of the office, as specified. This bill would require an applicant to file, within 30 days after the date of a final decision by the local agency, a written notice of intent, as specified, with the local agency that the applicant intends to file an appeal. The bill would prescribe the timelines within which applicants, the office, and local agencies would be required to act. The bill would require, among other things, the local agency to transmit a copy of its decision and reasoning to the office if it will contest an appeal. This bill would require the panel to vacate a local decision if it finds that the local agency disapproved the housing development or conditioned the approval of the housing development in violation of the Housing Accountability Act. The bill would require the panel to order the local agency to issue any necessary approval for the development and, if applicable, to modify or remove any conditions or requirements that violate the act. The bill would require a panel to render a written decision within 14 days of an appeal hearing and require the office to post written decisions on its internet website. This bill would provide that a decision by the panel is subject to review by the superior court, which shall review the panel's decision de novo. The bill would require a local agency to carry out an office order within 30 days of entry, unless judicial review is sought. The bill would authorize an applicant to enforce the office orders in court. The bill would entitle the applicant to attorney's fees and costs, and would additionally authorize the court to impose specified fines on the local agency. The bill would authorize the department to charge applicants a fee for an appeal, as specified, and if the office orders approval of the proposed development or modifies or removes any conditions or requirements imposed upon the applicant, the bill would require a local agency to reimburse the applicant for the fee. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would authorize a court to stay specified court proceedings that are related to an appeal filed with the office until the panel has rendered its written decision. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.