California legislative wins: a review  

Happy New Year, fellow housing nerds and policy wonks!
There is a lot to catch up on! The 2023 California legislative season ended in October with record-setting housing activity, November was for equal parts pats-on-the-back and wound-licking, and December was the time to rest and get ready to start the maddening but addictingly fun process all over again. But before we embark on our always overly ambitious goals for 2024 (or dare we say that pro-housing has finally become fashionable?), let’s review some of the successes of 2023 in state housing legislation. In addition to the highlights below, see our synopsis of 2023 California housing laws, and how our State Senator Mike McGuire and our Assemblymember Damon Connolly voted on each.


Illustration(section): Alfred Twu. Click the image to view Alfred’s CA housing legislation tracker. 

SB 567 Durazo  
First up is SB 567 by Senator Durazo. You may be familiar with AB 1482, formally known as the Tenant Protection Act of 2019. While considered a huge win for tenants at the time, the reality is that it still didn’t go far enough. SB 567 addresses some of the gaping loopholes that allowed some owners to circumvent the state rent cap by unjustly evicting tenants only to replace them with tenants willing to pay substantially higher rents. SB 567 adds to the Tenant Protection Act additional requirements to evict tenants for no-cause, just cause reasons and expands the Act’s enforcement mechanisms. Mind you, advocates for low-income tenants still think that the state rent cap is unsustainable and that owners still have the incentive and wherewithal to displace tenants to maximize returns on investments (aka people’s homes and livelihoods), but at least we’re headed in the right direction. Onwards and upwards . . .

SB 439 Skinner  
Next we’ll turn to the production side of the housing equation with a bill that was near and dear to our hearts – Senator Skinner’s SB 439. This bill seeks to thwart a common tactic used by our NIMBY neighbors to delay and ultimately derail affordable housing projects by filing frivolous lawsuits (yes, we’re looking at you, Friends of Hauke Park). The bill requires the court, upon the request of a developer of a 100% affordable project, to dismiss any legal challenge to a project if the court determines that the claim is unlikely to be successful. I for one (as a member of the Bar) cheer any policy that curbs the misuse of our impacted courts because, as we all know, the only real winners here are the attorneys (cut and paste your favorite lawyer joke here). Now let’s be friends (you may be surprised that some of us already are) and get some housing built around here.

ACA 1 Aguiar-Curry — BAHFA  
The last legislative win we’ll highlight here sets the stage for the Bay Area Housing Finance Authority’s push to raise millions of dollars dedicated to the production, protection, and preservation of affordable housing in Marin and other ABAG counties. “BAHFA,” as it’s known colloquially (and get used to hearing this acronym a lot in 2024) was created by the state legislature in 2019 to help solve our housing crisis through a regional approach. The first task of BAHFA [drum roll please] is to fund BAHFA. To that end, BAHFA needs two measures on the November ballot and, thanks to ACA 1, one of those measures is already there. ACA 1, authored by Assemblymember Aguiar-Curry, proposes a constitutional amendment that will lower the voter approval threshold from 66.7% to 55% for measures that will raise taxes and/or bonds for affordable housing. Even in our supermajority state, getting two-thirds of us to agree on what to have for lunch let alone funding something as vital as affordable housing has proven nearly impossible. ACA 1, if approved by voters in November, has the potential to cut through this logjam. And if you need to ask, the second measure BAHFA needs to get on the ballot is the bond measure itself, which will pass with 55% of the vote if ACA 1 passes. Simple, right? BAHFA. Learn it, know it, live it.

These are just three of MEHC’s favorites this year but read about more pro-housing legislation here >> including how our local legislators voted (hint: MEHC gives our senator and assemblyman a solid “A-” for housing). Thanks to all the legislators, staff, and advocates throughout the state who worked tirelessly to lift up our desperate need for housing. We at MEHC look forward to doing it all again, and more, in 2024.– Lucie Hollingsworth, Senior Housing Attorney, Legal Aid of Marin
Chair, MEHC Communications Committee
 
A Housing Win in Belvedere!   

Of course, you can count on MEHC to continue to advocate for good housing projects and policies. This past week, we asked supporters to speak up in favor of the Mallard Pointe project in Belvedere. Thanks to all for support, the City Council overturned the Planning Commission’s decision to require CEQA review for the project, despite this project clearly qualifying for a CEQA exemption. The City faced stiff local opposition to this decision, but the law is very clearly on the City Council’s side. The pressure from increased RHNAs and increased accountability to housing law helped provide fortitude to the City Council to make the right decision. In addition, support from you, and especially Claire McAullife’s strong testimony, helped make the decision easier. The Marin IJ called this project “disputed.” Every housing project in Marin faces opposition. MEHC members showing up and speaking for housing makes a tremendous difference!

Image: A view of homes across the Belvedere Lagoon from the Mallard Pointe neighborhood, right.
Credit: Ramin Rahimian/Special to the Chronicle
Read the Chronicle’s account: Affluent Bay Area city approves largest housing development in decades
Lobby Day in SAC April 8   
Want to help influence pro housing legislation for 2024?
Join us for Lobby Day in Sacramento, April 8. RSVP
Sign up now to attend 2024 Lobby Day—a collaborative effort of the YIMBY movement designed to amplify our voices in the State Capitol. Whether you’re a seasoned housing advocate or just getting involved, RSVP today to secure your spot, and be on the lookout for an email to schedule one of the required pre-event training sessions.
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