California Attorney General Rob Bonta issued a statement today following Governor Gavin Newsom's signing of Assembly Bill (AB) 1893 into law. The legislation, authored by Assemblymember Buffy Wicks (D-Oakland) and sponsored by Attorney General Bonta, aims to facilitate housing production in cities and counties that fail to adopt a compliant housing element on time.
“We need more housing in California. At its core, that’s what AB 1893 is all about. In the face of resistance by a handful of local governments, we are refusing to stand idly by — we are continuing to act,” said Attorney General Rob Bonta. “Thanks to Governor Newsom, and to Assemblymember Wicks’ leadership in the legislature, cities and counties will face greater accountability if they fail to plan for the housing needs of their community. I know full well that no jurisdiction alone will be able to solve our housing crisis, but each has the potential, capacity, and legal responsibility to make a difference.”
“With this bill, we're making sure that every city and county steps up to do their part. Housing laws exist for a reason — to ensure that communities are zoning for enough housing, reducing barriers to development, and promoting fair housing practices,” said Assemblymember Buffy Wicks. “AB 1893 will hold jurisdictions accountable, even those that have resisted compliance. This is about ensuring that no matter where you live, we are building the housing California desperately needs. I’m incredibly proud to partner with the Attorney General on this — together, we’re making sure California’s housing laws are enforced and ensuring no community can shirk its responsibility to build.”
Under the state’s housing element law, local governments must periodically update their housing plan to meet their Regional Housing Needs Allocation (RHNA), or share of regional and statewide housing needs. Failure to adopt a timely and compliant local housing plan triggers the so-called “builder’s remedy,” which limits local governments' ability to restrict new affordable and mixed-income development projects.
Effective January 1, 2025, AB 1893 will modernize the builder’s remedy by:
- Designating sites appropriate for residential development even where cities have not made plans.
- Providing clear objective standards such as increasing allowed density in high resource areas or areas near transit.
- Incentivizing construction by reducing affordability requirements from 20% to 13% for mixed-income projects.
- Allowing planning staff quicker processing of builder’s remedy applications using baseline standards set forth in the bill.
- Strengthening the Housing Accountability Act by closing loopholes and defining certain delays as project disapprovals.
- Making technical amendments clarifying how the builder’s remedy interacts with other state laws.
A copy of the legislation can be found here.