BRIEf DEFINITIONS

The Regional Housing Numbers Assessment is the target of housing units, over four income categories, that the locality is assigned over the course of the housing cycle. The RHNA has changed dramatically in this 6th cycle — numbers can be 20x or more what they’ve been in the past. Localities appealed but numbers were not changed. RHNA is based on demographics, job projections, and population projections provided by the Dept of Finance. RHNA doesn’t require cities to build, but even if they approve everything they are penalized if builders don’t pull permits, Actual construction depends on market conditions, 

A provision of the California Housing Accountability Act Cathat allows developers a “zoning holiday” if a locality’s housing element isn’t certified or out of compliance. Developers are entitled to choose their own height, density, parking, setback and other parameters. Legislation has recently capped height, but it’s incredibly lenient. Since AB 1893 (2025), Builder’s Remedy projects are subject to some statutory caps on height and density rather than being effectively uncapped. 

Basically used as a scare tactic: Submit or a developer can build whatever they want wherever they want regardless of impacts.

SB 35 is a California law, enacted in 2017, that created a streamlined, ministerial approval process for certain housing developments in cities and counties that are not meeting their state-assigned housing production goals (RHNA) for one or more income categories. It eliminates subjective standards, community input, and CEQA/other impact studies. There are limits to SB 35 projects, but they can be enormous. 

SB 423 (2023) extends California’s ministerial housing approval law (SB 35) through 2036, expands its reach to the Coastal Zone, reduces the percentage of affordable units required for certain qualifying projects, while adding new labor and tenant protection requirements.

SB 423 also expanded punishments for loss of housing element certification at mid cycle review to SB 35, SB 423, and builders remedy.

Currently 16 localities of 539 are on track to make mid cycle certification.

Housing Accountability Act (HAA): 1992 California law that limits local governments’ ability to deny, reduce the density of, or make qualifying housing projects infeasible unless they can make specific written health or safety findings supported by the evidence. 

California’s Density Bonus Law grants developers increased density and other development incentives—such as additional height, reduced setbacks, parking reductions, and waivers of development standards—in exchange for providing qualifying affordable housing, senior housing, or certain other eligible units. Bonuses can run up to 100% and only increase the number of market rare units.

HCD is the California Department of Housing and Community Development, a powerful state agency that administers state housing programs, allocates Regional Housing Needs (RHNA), reviews and certifies local Housing Elements, monitors housing production, distributes housing grants, and enforces compliance with California housing laws.

A document that contains information about how the locality will meet the housing cycle requirements, detailed demographic information, an EIR, a safety element, and a housing overlay that shows where the RHNA can be accommodated. The housing elements need to be certified by HCD, and 6th cycle requirements were so onerous that cities often paid consultants hundreds of thousands to millions of dollars to create an acceptable document.