A January 31st deadline for completing the Housing Element, a process requiring San Francisco to plan for 82,000 new homes by 2031, looms ahead. The City is on track to be out of compliance for at least two months next year.
San Francisco is headed toward missing an important housing deadline, and the consequences could be serious.
But the California Department of Housing and Community Development, the agency that will ultimately certify or reject The City's Housing Element, asserts that’s not the case. January 31st is the statutory deadline for having a compliant Housing Element, after which non-compliant cities will face consequences like ineligibility for certain funding programs.
According to UC Davis law professor and housing policy expert Chris Elmendorf, the deadline is not a matter of interpretation."The statute requires the city to be in substantial compliance or there are these consequences," Elmendorf said. “I think there was a misunderstanding or maybe some questionable legal advice that planning received about the timelines.”
However, other programs, like the Permanent Local Housing Trust Fund, specifically include carve outs for cities to be able to access funds within 120 days of the Housing Element deadline, before May 31st, even if they’ve not yet submitted a compliant document. Despite the problematic timeline, San Francisco’s Housing Element is progressing. The latest draft, released last week, proposes a more substantial rezoning program, and specifically lays out how The City can speed up its notoriously slow permitting process. The changes come in response to extensive comments from HCD on the previous draft.
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