Planning staff says San Francisco must adopt housing element by Jan. 31 to avoid state enforcement

San Francisco planning staff told the Planning Commission on Oct. 20 that the State Department of Housing and Community Development (HCD) has signaled an enforcement timeline requiring jurisdictions to be in substantial compliance by Jan. 31, 2023, and that failure to meet that date could trigger penalties, loss of certain grants and activation of the "builder's remedy." Maya Small of the planning department said the communication from HCD — described in part as having been circulated via Twitter — represented a surprise that compressed the city's previously expected schedule.

The housing element team proposed an accelerated schedule aimed at meeting the state timing: an informational hearing at the Planning Commission on Nov. 3, a Board committee informational Nov. 15, initiation of adoption and certification of the environmental impact report before the Planning Commission on Nov. 17, Planning Commission adoption on Dec. 15 and Board hearings beginning Jan. 10, with the objective of having the Board adopt the element and the mayor sign it by Jan. 31. "San Francisco must be in substantial compliance by 01/31/2023," the planning presenter said, warning of significant consequences if the city misses the date.

Commissioners pressed staff and the city attorney about the difference between adopting the element and HCD certification. Deputy City Attorney Austin Yang told commissioners the code requires the city to adopt by that date; HCD then has 90 days to determine substantial compliance in administrative review, and HCD could still raise issues during that 90-day review. Staff said they would seek a pre-certification letter from HCD to shorten this uncertainty but cautioned that pre-certification was not guaranteed.

Public commenters and some commissioners expressed frustration about how the deadline was communicated and urged more outreach, particularly to neighborhoods that will be affected by rezoning. Staff said the response-to-comments document would be targeted for publication in early November (staff referenced a goal of publishing on Nov. 3, with the final materials targeted around Nov. 7). Commissioners emphasized the need for meetings with community groups during implementation and asked staff to transmit the commission's concerns to HCD.

The planning department framed the work as balancing two missions: complying with state law and centering racial and social equity in the housing plan. Staff said the city would continue public engagement while working at an accelerated pace and noted that some implementation actions tied to the housing element would follow adoption as separate rezoning and outreach processes. The commission did not take a formal vote on the element at the Oct. 20 meeting; staff described the item as an updated schedule and said adoption would be considered at future hearings.