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September 15, 2020

Housing Accountability Act Technical Assistance Advisory · 2026 edition · updated 2026-07-29 · California

MEMORANDUM FOR: Planning Directors and Interested Parties FROM: Megan Kirkeby, Deputy Director Division of Housing Policy Development SUBJECT: Housing Accountability Act Technical Assistance Advisory (Government Code Section 65589.5)

The Housing Accountability Act (HAA), Government Code section 65589.5, establishes limitations to a local government’s ability to deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing need. The Legislature first enacted the HAA in 1982 and recently amended the HAA to expand and strengthen its provisions as part of the overall recognition of the critically low volumes of housing stock in California. In amending the HAA, the Legislature made repeated findings that the lack of housing and the lack of affordable housing, is a critical problem that threatens the economic, environmental, and social quality of life in California. This Technical Assistance Advisory provides guidance on implementation of the HAA, including the following amendments.

Chapter 368, Statutes of 2017 (Senate Bill 167), Chapter 373, Statutes of 2017 (Assembly Bill 678) - Strengthens the HAA by increasing the documentation necessary and the standard of proof required for a local agency to legally defend its denial of lowto-moderate-income housing development projects, and requiring courts to impose a fine of $10,000 or more per unit on local agencies that fail to legally defend their rejection of an affordable housing development project.

Chapter 378, Statutes of 2017 (Assembly Bill 1515) – Establishes a reasonable person standard for determining conformance with local land use requirements.

Chapter 243, Statutes of 2018 (Assembly Bill 3194) -Expands the meaning of zoning consistency to include projects that are consistent with general plan designations but not zoning designation on a site if that zone is inconsistent with the general plan.

Chapter 654, Statutes of 2019 (Senate Bill 330) - Defined previously undefined terms such as objective standards and complete application and set forth vesting rights for projects that use a new pre-application process. Most of these provisions sunset on January 1, 2025, unless extended by the Legislature and Governor.

If you have any questions, or would like additional information or technical assistance, please contact the Division of Housing Policy Development at (916) 263-2911.

Table of Contents

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▸ Contents — Housing Accountability Act Technical Assistance Advisory
Housing Accountability Act Technical Assistance Advisory
  1. September 15, 2020
  2. Table of Contents
  3. Table of Contents
  4. Table of Contents
  5. What is the Housing Accountability Act?
  6. Why Do We Need the Housing Accountability Act?
  7. Legislative Housing Accountability Act Interpretation Guidance
  8. Housing Accountability Act Decision Matrix
  9. NO: HAA does not apply
  10. NO
  11. NO
  12. Key Provisions of the Housing Accountability Act
  13. Housing Development Project Qualifications
  14. Housing Development Project Definition
  15. Housing for Very Low, Low-, or Moderate-Income Households
  16. Housing Developments Applying for the Streamlined Ministerial …
  17. Applicability of Local Standards
  18. Determination of Application Completeness
  19. Completeness Determination of Development Application
  20. Imposition of Development Conditions
  21. Housing Accountability Act Provisions That Apply to All Housin…
  22. Determination of Consistency with Applicable Plans, Standards,…
  23. Applicability of Density Bonus Law
  24. General Plan and Zoning Consistency Standard
  25. Written Notification of Inconsistency
  26. Consequence for Failure to Provide Written Documentation
  27. Denial of a Housing Project that is Consistent with Applicable…
  28. Preponderance of the Evidence Standard
  29. State Policy on Housing Project Approval
  30. Denial or Conditioning of Housing Affordable to Very Low-, Low…
  31. Violations of Housing Accountability Act
  32. Eligible Plaintiffs and Petitioners
  33. Remedies
  34. Local Agency Appeal Bond
  35. Failure to Comply with Court Order
  36. Court-Imposed Fines
  37. What types of housing development project applications are sub…
  38. Does the Housing Accountability Act apply to charter cities?
  39. Does the Housing Accountability Act apply to housing developme…
  40. Does the California Department of Housing and Community Develo…
  41. If approval of a housing development project triggers the No-N…
  42. Does the Housing Accountability Act apply to a residential dev…
  43. Does the Housing Accountability Act apply to an application fo…
  44. Does the Housing Accountability Act apply to market-rate housi…
  45. Is there a definition for “specific, adverse impact” upon publ…
  46. Appendix B: Definitions
  47. Housing for very low-, low-, or moderate-income households mea…
  48. Appendix C: Preliminary Application (Senate Bill 330, Statutes…
  49. Benefits of a Preliminary Application
  50. Step 1: Preliminary Application Submittal GC 65941.1
  51. Step 2: Full Application Submittal
  52. Step 3: Determination of Application Completeness GC 65943
  53. Step 4: Application Consistency with Standards (HAA) GC 65589.5
  54. Step 5: Other Entitlement Process Requirements Pursuant to SB …
  55. Appendix D: Housing Accountability Act Statute (2020)
  56. 65589.5.

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