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    SB-838
    Housing & Homelessness

    Housing Accountability Act: housing development projects.

    Enrolled
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Prohibits local agencies from denying housing projects without specific written findings based on evidence.
    • Requires mixed-use developments to dedicate at least two-thirds of space to residential use with restrictions on hotels.
    • Establishes builder's remedy projects that receive additional density bonuses when jurisdictions lack compliant housing elements.
    • Imposes minimum $10,000 per unit fines on local agencies that violate housing approval requirements.

    Summary

    Senator Durazo's legislation amends California's Housing Accountability Act to refine how local agencies may regulate mixed-use housing developments, particularly regarding transient lodging components. The bill establishes that in mixed-use projects where at least two-thirds of new or converted square footage is designated for residential use, no portion may be used for hotels, motels, or similar lodging unless separately approved.

    The amendments create a bifurcated approval process for mixed-use projects containing both residential and transient lodging elements. While the residential portion maintains eligibility for Housing Accountability Act protections, local agencies may independently review and approve lodging components. The bill exempts residential hotels from these restrictions and clarifies that post-occupancy short-term rentals consistent with local law do not constitute prohibited transient lodging.

    For projects deemed complete before January 2025, developers may choose whether to proceed under existing rules or opt into the new provisions. The bill's implementation depends on the concurrent enactment of related legislation (AB 1308) by January 2026. Local agencies that improperly disapprove qualifying projects face court orders compelling approval and potential fines starting at $10,000 per housing unit, with proceeds directed to affordable housing construction through local housing trust funds.

    The legislation maintains existing requirements that local agencies must support project denials or density reductions with specific written findings demonstrating unavoidable public health and safety impacts. It preserves developers' rights to density bonuses and other incentives while establishing precise timelines for agency review and detailed procedures for legal challenges to project disapprovals.

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Unfinished Business SB838 Durazo Concurrence
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 838 Durazo Senate Third Reading By Carrillo
    Assembly Local Government Hearing
    Assembly Committee
    Assembly Local Government Hearing
    Do pass as amended
    Assembly Housing And Community Development Hearing
    Assembly Committee
    Assembly Housing And Community Development Hearing
    Do pass and be re-referred to the Committee on [Local Government]
    Assembly Housing And Community Development Hearing
    Assembly Committee
    Assembly Housing And Community Development Hearing
    Do pass as amended
    Assembly Local Government Hearing
    Assembly Committee
    Assembly Local Government Hearing
    Do pass and be re-referred to the Committee on [Local Government]
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB838 Durazo
    Senate Local Government Hearing
    Senate Committee
    Senate Local Government Hearing
    Do pass
    Senate Housing Hearing
    Senate Committee
    Senate Housing Hearing
    Do pass, but first be re-referred to the Committee on [Local Government]
    Introduced
    Senate Floor
    Introduced
    Introduced. To Com. on RLS. for assignment. To print.

    Contacts

    Profile
    Maria DurazoD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 1 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Maria DurazoD
    Senator
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Maria Durazo
    Maria DurazoD
    California State Senator
    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/12/2025)

    Latest Voting History

    View History
    September 12, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    269540PASS

    Key Takeaways

    • Prohibits local agencies from denying housing projects without specific written findings based on evidence.
    • Requires mixed-use developments to dedicate at least two-thirds of space to residential use with restrictions on hotels.
    • Establishes builder's remedy projects that receive additional density bonuses when jurisdictions lack compliant housing elements.
    • Imposes minimum $10,000 per unit fines on local agencies that violate housing approval requirements.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Maria Durazo
    Maria DurazoD
    California State Senator

    Summary

    Senator Durazo's legislation amends California's Housing Accountability Act to refine how local agencies may regulate mixed-use housing developments, particularly regarding transient lodging components. The bill establishes that in mixed-use projects where at least two-thirds of new or converted square footage is designated for residential use, no portion may be used for hotels, motels, or similar lodging unless separately approved.

    The amendments create a bifurcated approval process for mixed-use projects containing both residential and transient lodging elements. While the residential portion maintains eligibility for Housing Accountability Act protections, local agencies may independently review and approve lodging components. The bill exempts residential hotels from these restrictions and clarifies that post-occupancy short-term rentals consistent with local law do not constitute prohibited transient lodging.

    For projects deemed complete before January 2025, developers may choose whether to proceed under existing rules or opt into the new provisions. The bill's implementation depends on the concurrent enactment of related legislation (AB 1308) by January 2026. Local agencies that improperly disapprove qualifying projects face court orders compelling approval and potential fines starting at $10,000 per housing unit, with proceeds directed to affordable housing construction through local housing trust funds.

    The legislation maintains existing requirements that local agencies must support project denials or density reductions with specific written findings demonstrating unavoidable public health and safety impacts. It preserves developers' rights to density bonuses and other incentives while establishing precise timelines for agency review and detailed procedures for legal challenges to project disapprovals.

    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/12/2025)

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Unfinished Business SB838 Durazo Concurrence
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 838 Durazo Senate Third Reading By Carrillo
    Assembly Local Government Hearing
    Assembly Committee
    Assembly Local Government Hearing
    Do pass as amended
    Assembly Housing And Community Development Hearing
    Assembly Committee
    Assembly Housing And Community Development Hearing
    Do pass and be re-referred to the Committee on [Local Government]
    Assembly Housing And Community Development Hearing
    Assembly Committee
    Assembly Housing And Community Development Hearing
    Do pass as amended
    Assembly Local Government Hearing
    Assembly Committee
    Assembly Local Government Hearing
    Do pass and be re-referred to the Committee on [Local Government]
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB838 Durazo
    Senate Local Government Hearing
    Senate Committee
    Senate Local Government Hearing
    Do pass
    Senate Housing Hearing
    Senate Committee
    Senate Housing Hearing
    Do pass, but first be re-referred to the Committee on [Local Government]
    Introduced
    Senate Floor
    Introduced
    Introduced. To Com. on RLS. for assignment. To print.

    Latest Voting History

    View History
    September 12, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    269540PASS

    Contacts

    Profile
    Maria DurazoD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 1 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Maria DurazoD
    Senator
    Bill Author