California HOME Act | |
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California State Legislature | |
Full name | California Housing Opportunity and More Efficiency Act |
Introduced | December 7, 2020 |
Assembly voted | August 26, 2021 |
Senate voted | August 30, 2021 |
Signed into law | September 16, 2021 |
Sponsor(s) | Sens. Toni Atkins, Anna Caballero, Susan Rubio, Scott Wiener, Dave Cortese, Lena Gonzalez, Mike McGuire; Assems. Robert A. Rivas, Buffy Wicks |
Governor | Gavin Newsom |
Code | Government Code |
Section | 66452.6, 66411.7, 65852.21 |
Resolution | SB 9 |
Website | https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 |
Status: Current legislation |
2021 California Senate Bill 9 (SB 9), [1] 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 may either build two 800-square-foot homes or one duplex on their property, to result in a maximum of four housing units on a formerly single-family lot, and prohibits cities and counties from directly interfering with those who wish to build such homes.
The bill was crafted to reduce the cost of housing in California by increasing housing supply and density within California cities and overriding municipal and county zoning laws requiring single-family zoning. The law also expands the capacity for secondary suites (also known in California as Accessory Dwelling Units - ADU's).
In 2016, California lawmakers removed local barriers to accessory dwelling unit (ADU) construction by passing Senate Bill 1069. This was later updated in 2017 with Senate Bill 229 and Assembly Bill 494. These bills modified single-family zoning throughout California by requiring speedy local approval of up to 1,200 square foot secondary units on all residential property in California, including land zoned for single-family homes. [2] In 2019, the law was updated with Assembly Bill 68 to allow up to 500 of the 1,200 square feet to be designated a "junior accessory dwelling unit"; some commentators said this amounted to de facto triplex zoning throughout the state. [3] [4]
In 2019, State Senator Scott Wiener introduced Senate Bill 50, which, in addition to reforming zoning near "transit-rich" areas, would also legalize the construction of four-plex multi-family housing statewide. The bill was defeated in a 2020 floor vote after opposition by several municipal governments. [5]
Drafted by Weiner, the HOME Act was signed into law by Governor Gavin Newsom in September 2021, and went into effect on January 1, 2022. [6]
It is estimated that around 500,000 (1 in 20) households across California would be able to qualify under SB 9. The law also has several exceptions, including the exclusion of historic districts, and a condition prohibiting the same owner from splitting adjacent lots. [7]
In 2022, Newsom signed SB 897 and AB 2221, both of which clarified rules regarding compliance of ADUs with building codes and streamlined permitting. [8] [9] In 2023, Newsom signed AB 1033, which allows homeowners to convert their ADUs into condominiums and sell their ADUs independently of the primary residence. [10] [11]
After several charter cities sued in state court to block the enforcement of the HOME Act, on April 25, 2024, Los Angeles County Superior Court judge Chris Kin ruled against the constitutionality of the HOME Act in Redondo Beach, Whittier, Carson, Del Mar and Torrance, stating that the law did not specifically require property owners in charter cities to build below-market-rate, deed-restricted housing, and that the legislature had to demonstrate that the law addresses a statewide concern when applied to charter cities. [12] To strengthen the HOME Act, Newsom signed more bills on September 19, 2024:
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