Policy: Housing Element

The Housing Element is a state mandated component of every local governments’ general plan, that must be updated every 8 years. We are currently in the 6th cycle of housing element updates. Every local government in the San Francisco Bay Area was required by update their Housing Element by January 31, 2023. The Housing Element requires each jurisdiction to plan for a state-determined number of housing units (called the Regional Housing Needs Allocation or the RHNA). HCD, a state level agency, must certify that the Housing Element meets state law.

Historically, there were few consequences for jurisdictions out of compliance with Housing Element law. That has changed due to the current housing crisis. Jurisdictions out of compliance may be subject to a number consequences, including being subject to the “Builder’s Remedy” (a law that removes jurisdictions abilities to deny some development proposals) and streamlined approval processes under SB 423.