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Housing Crisis Deepens as Cities Face Strict Compliance Penalties

October 11, 2024 | El Segundo City, Los Angeles County, California


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Housing Crisis Deepens as Cities Face Strict Compliance Penalties
During a recent government meeting, discussions centered on the implementation of the upcoming Regional Housing Needs Assessment (RHNA) cycle and the challenges faced by cities in meeting housing production goals. Program directors highlighted the enforcement role of the California Department of Housing and Community Development (HCD), which is tasked with implementing legislation that often lacks flexibility.

Concerns were raised about the penalties imposed on underperforming cities, which may be forced to adopt more lenient rules to facilitate housing production in future cycles. This approach has led to a disparity in the relationship between HCD and cities based on their performance, with overperforming cities experiencing a smoother process.

The meeting also emphasized the need for a regional approach to housing allocation, as cities vary significantly in their characteristics and capabilities. For instance, some cities may have more opportunities for infill development, while others are landlocked. This diversity calls for a more thoughtful distribution of housing responsibilities across regions.

An extreme example of non-compliance was cited with the city of Norwalk, which recently approved a moratorium on shelters and supportive housing. This decision led to the state decertifying Norwalk's housing element, exposing the city to the \"builder's remedy,\" which allows for certain housing developments that may not comply with local zoning laws.

As cities prepare for the new RHNA cycle, questions arose about the lack of incentives for overperformance. With El Segundo's allocation set at 521 units, officials pondered whether they might intentionally slow down development to avoid exceeding targets. However, it was noted that the state's goal is to accelerate housing production, leaving little room for cities to manage their development pace actively.

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