Housing Element FAQs
The need for every city and county in California to plan for their fair share of the projected housing need is based on Housing Element Law, enacted in 1969 (Government Code Section 65583). The concept behind the law is that, in order for the private development market to adequately address housing demand, local governments must adopt housing plans that provide opportunities for – and not unduly constrain – housing development.
- What is Regional Housing Needs Assessment (RHNA)?
- How is Danville’s housing assignment determined?
- How much housing do we need to plan for?
- Is the Town required to build all the housing units allocated in the RHNA?
- What happens if a jurisdiction does not adopt a Housing Element or the Element does not comply with State law?
- Why should I get involved and how will my feedback be used?
RHNA is a process in which the State of California projects each region’s housing needs for all income groups for an eight-year cycle. Danville falls within the Association of Bay Area Governments (ABAG) region. The State has determined that the Bay Area must plan for an additional 441,176 new units for the 2022-2030 cycle, of which Danville is currently expected to provide approximately 2,241 new homes.
Since 1969, California law has required that all cities and counties demonstrate how they will meet the housing needs of everyone in the community. The California Departments of Finance (DOF), as well as Housing and Community Development (HCD), forecasts the need for housing within each region based on population projections. The regional planning agency for each region then must distribute the projected housing among its member local jurisdictions. Once local jurisdictions receive their housing assignments, then housing plans, known as housing elements, must be updated too.
Danville falls within the Association of Bay Area Governments (ABAG) region. As the regional planning agency, ABAG underwent a ‘housing methodology’ development process to distribute the Bay Area’s 441,176 new unit assignment among its 101 cities and nine counties. ABAG’s process can be found at https://abag.ca.gov/our-work/housing/rhna-regional-housing-needs-allocation/housing-methodology-committee
The number of housing units each city and county must plan for is determined by the California Department of Housing and Community Development (State HCD) every eight years, referred to as housing ‘cycles.’ In the upcoming 6th cycle, Danville is currently expected to plan for 2,241 housing units, as follows:
Household Income | 2022-2030 |
Very Low | 652 |
Low | 376 |
Moderate | 338 |
Above Moderate | 875 |
Total: | 2,241 |
Under current state law, cities are not required to build housing units.
Housing construction is still driven by the private market. Instead, a city is required by State law to ensure that sufficient lands are available to accommodate all assigned units.
As a part of the required Housing Element update, cities must determine whether enough land is available to accommodate their RHNA assignment. If not, then the city is required to designate new sites for this purpose – usually through amending the General Plan and Zoning designation to allow for multifamily housing development.
The penalties for non-compliance have increased in scope and severity over the past few legislative cycles, and they currently include:
Limited access to state funding, including transportation funding for local roadway maintenance and capital improvement projects;
Court imposed fines of $10,000 to $100,000 per month until the violation is cured. The court may triple the amount if non-compliance remains after 3 months, and multiply by a factor of 6 if non-compliance remains after 6 months. The statute also allows the state to collect these fines by withholding state funding due to the city.
Lawsuits: When a community’s housing element is found to be out of compliance, its General Plan is at risk of being deemed inadequate and therefore invalid, opening the possibility for lawsuits. Consequences of lawsuits include:
Court-mandated compliance
Court suspension of local control on building matters, freezing the community’s ability to issue building permits, zoning changes, etc.
Court approval of housing developments on behalf of the community
Attorney fees associated with the lawsuit
Over the past 20 years, a number of cities and counties throughout the Bay Area (including Corte Madera, Pittsburg, Pleasanton, Alameda, Benicia, Fremont, Rohnert Park, Menlo Park, Napa County, and Santa Rosa) have faced legal challenges to the adequacy of their housing elements. In virtually every case, the city settled by amending their housing element and/or zoning ordinance to accommodate more housing and paid the plaintiffs’ attorneys fees. Each of these cases was filed prior to the most recent amendments to the state housing law which make it exceedingly more difficult for cities to win such cases.
STAY INFORMED, PARTICIPATE
The public's input is critical. It provides insight into resident needs and helps inform decisions on how best to accommodate the RHNA assignment.
Community input and collaboration will be vital as we navigate the challenges expected in the upcoming 2022-2030 Housing Element Update.
Helping the public to understand the process and provide input will be critical in seeking balance among state mandates and local priorities.
The 2022-2032 Housing Element webpage will provide up-to-date information on where the Town is in the update process and upcoming public events.
Residents can also stay informed on the Housing Element Update by signing up for e-mail updates.
Click on the link below and select Danville's 2022-2030 Housing Element from the list.