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Written Notification of Inconsistency

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

Government Code, § 65589.5, subdivision (j)(2)

If a local government considers a proposed housing development project to be inconsistent, non-compliant, or not in conformity with any applicable plan, program, policy, ordinance, standard, requirement, or other similar provision, the local government must provide written notification and documentation of the inconsistency, noncompliance, or inconformity. This requirement applies to all housing development projects, regardless of affordability level. The documentation must:

  • Identify the specific provision or provisions and provide an explanation of the reason or reasons why the local agency considers the housing development to be inconsistent, noncompliant, or non-conformant with identified provisions.

  • Be provided to the applicant within 30 days of a project application being deemed complete for projects containing 150 or fewer housing units.

  • Be provided to the applicant within 60 days of a project application being deemed complete for projects containing over 150 units.

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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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