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    SB-838
    Housing & Homelessness

    Housing Accountability Act: housing development projects.

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

    Key Takeaways

    • Prohibits mixed-use housing developments from including hotels or other transient lodging in residential portions.
    • Applies retroactively to all housing project applications not deemed complete by January 1, 2025.
    • Strengthens enforcement of the Housing Accountability Act through increased penalties and judicial oversight.
    • Requires local agencies to provide clear written justification when rejecting housing development projects.

    Summary

    Senator Durazo's amendment to California's Housing Accountability Act redefines mixed-use development requirements to exclude transient lodging facilities from qualifying residential space calculations. The legislation specifies that hotels, motels, and bed and breakfast establishments cannot count toward the two-thirds residential square footage threshold required for mixed-use projects, with limited exceptions for residential hotels and individual short-term rentals that comply with local regulations.

    The bill applies these restrictions retroactively to any housing development applications not deemed complete by January 1, 2025, including projects with preliminary applications submitted before that date. This ensures consistent standards across pending and future developments while preserving existing approvals.

    Two key exemptions allow flexibility in specific circumstances: residential hotels as defined in state health and safety codes can still qualify as residential space, and the restrictions do not prevent individual unit owners from operating short-term rentals in compliance with local ordinances after receiving certificates of occupancy. These carve-outs maintain options for transitional housing while allowing property owners some flexibility in unit usage.

    The amendment aims to preserve mixed-use developments primarily for long-term residential occupancy while providing clear standards for local agencies reviewing project applications. By explicitly defining which types of lodging can count toward residential requirements, the legislation reduces potential ambiguity in the project approval process.

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Housing and Community Development
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Housing and Community Development
    Hearing scheduled for , State Capitol, Room 437
    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
    Sharon Quirk-SilvaD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    James GallagherR
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Maria DurazoD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 13 row(s) selected.
    Page 1 of 3
    Select All Legislators
    Profile
    Sharon Quirk-SilvaD
    Assemblymember
    Committee Member
    Profile
    James GallagherR
    Assemblymember
    Committee Member
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Profile
    Maria DurazoD
    Senator
    Bill Author
    Profile
    Alex LeeD
    Assemblymember
    Committee Member
    Profile
    Lori WilsonD
    Assemblymember
    Committee Member
    Profile
    Matt HaneyD
    Assemblymember
    Committee Member
    Profile
    Joe PattersonR
    Assemblymember
    Committee Member
    Profile
    Esmeralda SoriaD
    Assemblymember
    Committee Member
    Profile
    Tri TaR
    Assemblymember
    Committee Member
    Profile
    Jessica CalozaD
    Assemblymember
    Committee Member
    Profile
    Anamarie FariasD
    Assemblymember
    Committee Member

    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
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Latest Voting History

    View History
    June 2, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    2311640PASS

    Key Takeaways

    • Prohibits mixed-use housing developments from including hotels or other transient lodging in residential portions.
    • Applies retroactively to all housing project applications not deemed complete by January 1, 2025.
    • Strengthens enforcement of the Housing Accountability Act through increased penalties and judicial oversight.
    • Requires local agencies to provide clear written justification when rejecting housing development projects.

    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 amendment to California's Housing Accountability Act redefines mixed-use development requirements to exclude transient lodging facilities from qualifying residential space calculations. The legislation specifies that hotels, motels, and bed and breakfast establishments cannot count toward the two-thirds residential square footage threshold required for mixed-use projects, with limited exceptions for residential hotels and individual short-term rentals that comply with local regulations.

    The bill applies these restrictions retroactively to any housing development applications not deemed complete by January 1, 2025, including projects with preliminary applications submitted before that date. This ensures consistent standards across pending and future developments while preserving existing approvals.

    Two key exemptions allow flexibility in specific circumstances: residential hotels as defined in state health and safety codes can still qualify as residential space, and the restrictions do not prevent individual unit owners from operating short-term rentals in compliance with local ordinances after receiving certificates of occupancy. These carve-outs maintain options for transitional housing while allowing property owners some flexibility in unit usage.

    The amendment aims to preserve mixed-use developments primarily for long-term residential occupancy while providing clear standards for local agencies reviewing project applications. By explicitly defining which types of lodging can count toward residential requirements, the legislation reduces potential ambiguity in the project approval process.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Key Dates

    Next Step
    Referred to the Assembly Standing Committee on Housing and Community Development
    Next Step
    Assembly Committee
    Referred to the Assembly Standing Committee on Housing and Community Development
    Hearing scheduled for , State Capitol, Room 437
    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
    June 2, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    2311640PASS

    Contacts

    Profile
    Sharon Quirk-SilvaD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    James GallagherR
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Maria DurazoD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 13 row(s) selected.
    Page 1 of 3
    Select All Legislators
    Profile
    Sharon Quirk-SilvaD
    Assemblymember
    Committee Member
    Profile
    James GallagherR
    Assemblymember
    Committee Member
    Profile
    Ash KalraD
    Assemblymember
    Committee Member
    Profile
    Buffy WicksD
    Assemblymember
    Committee Member
    Profile
    Maria DurazoD
    Senator
    Bill Author
    Profile
    Alex LeeD
    Assemblymember
    Committee Member
    Profile
    Lori WilsonD
    Assemblymember
    Committee Member
    Profile
    Matt HaneyD
    Assemblymember
    Committee Member
    Profile
    Joe PattersonR
    Assemblymember
    Committee Member
    Profile
    Esmeralda SoriaD
    Assemblymember
    Committee Member
    Profile
    Tri TaR
    Assemblymember
    Committee Member
    Profile
    Jessica CalozaD
    Assemblymember
    Committee Member
    Profile
    Anamarie FariasD
    Assemblymember
    Committee Member