Department overview | |
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Formed | September 17, 1965 |
Jurisdiction | Government of California |
Headquarters | 2020 W El Camino Ave. Sacramento, CA |
Department executive |
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Parent Department | California Business, Consumer Services and Housing Agency |
Website | hcd |
The California Department of Housing and Community Development (HCD) is a department within the California Business, Consumer Services and Housing Agency that develops housing policy and building codes (i.e. the California Building Standards Code), regulates manufactured homes and mobile home parks, and administers housing finance, economic development and community development programs. [1]
The HCD was created on 17 September 1965. [2] The Zenovich–Moscone–Chacon Housing and Home Finance Act of 1975 permanently established and reorganized the HCD, as well as created the California Housing Finance Agency. [3] It inherited the housing portion of the Division of Immigration and Housing of the Californian Department of Industrial Relations.
In addition to the California Housing Finance Agency, the Department is assisted by a Disability Advisory Committee.
The HCD Housing Assistance Program (HAP) acts as the local housing authority for 12 rural counties: Alpine, Amador, Calaveras, Colusa, Glenn, Inyo, Modoc, Mono, Sierra, Siskiyou, Trinity, and Tuolumne. One of the primary purposes of housing authorities is to manage Section 8 housing, but other activities include Community Development Block Grant (CDBG) entitlements and HOME Investment Partnerships Program (HOME) funding. The HCD has administered CDBG program for non-entitlement cities and counties (cities and counties under a specified population level that do not automatically receive CDBG funds directly from the federal government) since 1983, and administers HOME funding for cities and counties that do not receive HOME allocations directly from the federal government since the Cranston-Gonzalez National Affordable Housing Act of 1990.
Since the passage of AB 2853 in 1980, the HCD has been empowered to review housing elements drafted by each region's Council of Governments through the Regional Housing Needs Assessment (RHNA), which must be adopted by the jurisdiction which is then responsible for ensuring there are enough sites and proper zoning to accommodate its RHNA allocation. [4] [5] [6]
Several state laws have been passed since 2016 to streamline the construction of housing statewide, many of which have increased the enforcement authority of the HCD to notify the California Department of Justice regarding violations of said laws by local governments.
As of 2024, the HCD is required to notify the Attorney General and an offending local agency of that local agency's violation of any of the following laws:
The Community Development Block Grant (CDBG), one of the longest-running programs of the U.S. Department of Housing and Urban Development, funds local community development activities with the stated goal of providing affordable housing, anti-poverty programs, and infrastructure development. CDBG, like other block grant programs, differs from categorical grants, made for specific purposes, in that they are subject to less federal oversight and are largely used at the discretion of the state and local governments and their subgrantees.
The Office of Community Planning and Development is an agency within the United States Department of Housing and Urban Development (HUD). The office administers the grant programs that help communities plan and finance their growth and development, increase their capacity to govern, and provide shelter and services for homeless people. HUD is a national program, and HUD provides funding directly to larger cities and counties, and for smaller cities and counties, generally to state government. HUD's programs include the Community Development Block Grant Program and the HOME program.
The New Jersey Department of Community Affairs is a governmental agency of the U.S. state of New Jersey.
The Texas Department of Housing and Community Affairs (TDHCA) is the state's lead agency responsible for homeownership, affordable rental housing, community and energy assistance programs, and colonia activities serving primarily low income Texans. The Manufactured Housing Division of TDHCA regulates the manufactured housing industry in Texas. The Department annually administers more than $400 million through for-profit, nonprofit, and local government partnerships to deliver local housing and community-based opportunities and assistance to Texans in need. The department is headquartered at 221 East 11th Street in Austin.
Kentucky Housing Corporation (KHC), the Kentucky state housing agency, was created by the 1972 Kentucky General Assembly to provide affordable housing opportunities. KHC is a self-supporting, public corporation.
The Sustainable Communities and Climate Protection Act of 2008, also known as Senate Bill 375 or SB 375, is a State of California law targeting greenhouse gas emissions from passenger vehicles. The Global Warming Solutions Act of 2006 sets goals for the reduction of statewide greenhouse gas emissions. Passenger vehicles are the single largest source of greenhouse gas emissions statewide, accounting for 30% of total emissions. SB 375 therefore provides key support to achieve the goals of AB 32.
The California Green Building Standards Code is Part 11 of the California Building Standards Code and is the first statewide "green" building code in the US.
Housing trust funds are established sources of funding for affordable housing construction and other related purposes created by governments in the United States (U.S.). Housing Trust Funds (HTF) began as a way of funding affordable housing in the late 1970s. Since then, elected government officials from all levels of government in the U.S. have established housing trust funds to support the construction, acquisition, and preservation of affordable housing and related services to meet the housing needs of low-income households. Ideally, HTFs are funded through dedicated revenues like real estate transfer taxes or document recording fees to ensure a steady stream of funding rather than being dependent on regular budget processes. As of 2016, 400 state, local and county trust funds existed across the U.S.
Non-profit housing developers build affordable housing for individuals under-served by the private market. The non-profit housing sector is composed of community development corporations (CDC) and national and regional non-profit housing organizations whose mission is to provide for the needy, the elderly, working households, and others that the private housing market does not adequately serve. Of the total 4.6 million units in the social housing sector, non-profit developers have produced approximately 1.547 million units, or roughly one-third of the total stock. Since non-profit developers seldom have the financial resources or access to capital that for-profit entities do, they often use multiple layers of financing, usually from a variety of sources for both development and operation of these affordable housing units.
Welfare in California consists of federal welfare programs—which are often at least partially administered by state and county agencies—and several independent programs, which are usually administered by counties.
The Housing Accountability Act (HAA) is a California state law designed to promote infill development by speeding housing approvals. The Act was passed in 1982 in recognition that "the lack of housing, including emergency shelter, is a critical statewide problem," and has also been referred to as "the anti-NIMBY law." It empowers the State of California to limit the ability of local government to restrict the development of new housing, and legalizes the Builder's remedy process to ameliorate violations of the law by local governments. The Act was strengthened by subsequent amendments in 2017 and 2024.
Since about 1970, California has been experiencing an extended and increasing housing shortage, such that by 2018, California ranked 49th among the states of the U.S. in terms of housing units per resident. This shortage has been estimated to be 3-4 million housing units as of 2017. As of 2018, experts said that California needs to double its current rate of housing production to keep up with expected population growth and prevent prices from further increasing, and needs to quadruple the current rate of housing production over the next seven years in order for prices and rents to decline.
California Senate Bill 50 was a proposed California bill that would have preempted local government control of land zoning near public transit stations and jobs centers. The bill would have also required, at minimum, four-plex residential zoning statewide. The bill was the successor to a similar bill introduced by state senator Scott Wiener in January 2018 as Senate Bill 827 ; both would have applied to areas within one-half-mile (0.8 km) of frequent transit corridors, including rail stations and bus routes. The bills were sponsored by California YIMBY, a pro-housing lobbying group while they were opposed by local governments, anti-gentrification activists, and suburban homeowners. The bills were written in response to an ongoing housing affordability crisis in California's largest urban areas.
California Senate Bill 35 is a statute streamlining housing construction in California counties and cities that fail to build enough housing to meet state mandated housing construction requirements. The bill was introduced to the California State Assembly by State Senator Scott Wiener (D-SF) on December 15, 2016. SB 35 aims to address the California housing shortage by increasing housing supply. The bill was signed into law on September 29, 2017 by Governor Jerry Brown as part of California’s 2017 Housing Package – a set of 15 bills that provide “an injection of new regulatory and financial resources” for cities.
The Regional Housing Needs Assessment (RHNA) is the California state-mandated process within the housing element of its General Plan, to determine how much housing must be planned for each jurisdiction according to Housing Element Law to meet 'projected and existing' housing needs at a variety of affordability levels. Based on demographic data, the state calculates housing need in coordination with each region's planning body, known as a Council of Governments (COG). Once the state and the COG agree, the COG is responsible for the allocation among all jurisdictions within that region through a RNHA Plan. Housing elements are then reviewed by the California Department of Housing and Community Development (HCD) and must be adopted by the jurisdiction which is then responsible for ensuring there are enough sites and proper zoning to accommodate its RHNA allocation. The cycle repeats every eight years. Jurisdictions which fail to adequately accommodate projected growth as determined by HCD are subject to fines from $10,000 per month to $600,000 per month.
2021 California Senate Bill 9 , titled the California Housing Opportunity and More Efficiency (HOME) Act, is a 2021 California state law which creates a legal process by which owners of certain single-family homes in single-family zoned areas may build or split homes on their property, and prohibits all cities and counties from directly interfering with those who wish to build such homes.
California Assembly Bill 2097 is a 2022 California statute which prohibits California cities and other public agencies from mandating parking for most development projects within 0.5 miles (0.8 km) of a major transit stop. The law also establishes a "substantial hardship exception" which allows a public agency to impose a parking mandate within 0.5 miles of a major transit stop if the agency submits an application with evidence of a negative impact upon either the agency's ability to meet its RHNA obligations for low and very low income residents, disabled and elderly residents, or existing residential or commercial parking within 0.5 miles of a housing development project.
California Senate Bill 1534 is a 1982 California statute law which established statewide options for local governments to promote and regulate secondary suites, also known as "accessory dwelling units" (ADUs) in California. Under the law, local governments were allowed the following options:
The Affordable Housing on Faith and Higher Education Lands Act is a 2023 California statute which makes it legal for faith-based institutions and non-profit colleges to build affordable, multi-family homes on lands they own by streamlining the permitting process and overriding local zoning restrictions.
California Assembly Bill 72 is a 2017 California statute which grants the California Department of Housing and Community Development (HCD) enforcement authority with respect to four statutes: the HAA, State Density Bonus Law, fair housing law and the "no net loss" requirements for replacing housing element sites that are not developed as projected. The law requires the department to notify both a local government and the Attorney General of the local government's specified violation of the aforementioned laws as well as need for enforcement, and for the Attorney General to sue the offending government.