California HOME Act

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California HOME Act
Seal of California.svg
California State Legislature
Full nameCalifornia Housing Opportunity and More Efficiency Act
IntroducedDecember 7, 2020
Assembly votedAugust 26, 2021
Senate votedAugust 30, 2021
Signed into lawSeptember 16, 2021
Sponsor(s)Sens. Toni Atkins, Anna Caballero, Susan Rubio, Scott Wiener, Dave Cortese, Lena Gonzalez, Mike McGuire; Assems. Robert Rivas, Buffy Wicks
Governor Gavin Newsom
CodeGovernment Code
Section66452.6, 66411.7, 65852.21
ResolutionSB 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. Drafted by State Senator Scott Wiener, it was signed into law by Governor Gavin Newsom in September 2021, and went into effect on January 1, 2022. [2] 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).

Contents

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. [3]

Subsequent litigation and legislation

In 2022, Newsom signed SB 897 and AB 2221, both of which clarified rules regarding compliance of ADUs with building codes and streamlined permitting. [4] [5] In 2023, Newsom signed AB 1033, which allows homeowners to convert their ADUs into condominiums and sell their ADUs independently of the primary residence. [6] [7]

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. [8] To strengthen the HOME Act, Newsom signed more bills on September 19, 2024:

See also

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References

  1. "Bill Text - SB-9 Housing development: approvals". leginfo.legislature.ca.gov. Retrieved July 12, 2023.
  2. "Governor Newsom Signs Historic Legislation to Boost California's Housing Supply and Fight the Housing Crisis" (Press release). Office of Governor Gavin Newsom. September 16, 2021. Retrieved June 25, 2022.
  3. Grabar, Henry (September 17, 2021). "You Can Kill Single-Family Zoning, but You Can't Kill the Suburbs". Slate. Retrieved June 25, 2022.
  4. "Accessory Dwelling Units". California Building Officials. January 5, 2023. Retrieved September 19, 2024.
  5. "Changes to Statewide ADU Law Due to SB-897 and AB-2221 | Burke, Williams & Sorensen, LLP". www.bwslaw.com. Retrieved September 19, 2024.
  6. "A new law allows homeowner to sell ADUs like condos, boosting homeownership. Here's how AB 1033 works". Los Angeles Times. October 14, 2023. Retrieved September 19, 2024.
  7. "How To Convert ADUs into Condominiums with AB 1033 | ADU | Los Angeles & Orange County Real Estate | Alena Lehrer". alenalehrer.com. Retrieved September 19, 2024.
  8. Baldassari, Erin (April 25, 2024). "California Law Letting Property Owners Split Lots to Build New Homes Is 'Unconstitutional,' Judge Rules | KQED". www.kqed.org. Retrieved September 19, 2024.
  9. Jennewein, Chris (September 2, 2024). "Lawmakers Close Loopholes in SB 9 to Encourage New Housing in Single-Family Neighborhoods". Times of San Diego. Retrieved September 19, 2024.
  10. "Newsom Signs Skinner's Bill Opening Door for More ADUs". Senator Nancy Skinner. September 19, 2024. Retrieved September 19, 2024.

Further reading