Elias: Ruling negates California’s 2021 housing law if upheld on appeal

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Elias: Ruling negates California’s 2021 housing law if upheld on appeal
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Nate is an East Bay community papers editor for the Bay Area News Group and East Bay Times. He edits the Hills weekly Alameda Journal, Berkeley Voice, El Cerrito Journal, Montclarion and Piedmonter newspapers; Central Costa County's weekly Concord Transcript and Walnut Creek Journal papers; and East Contra Costa's weekly East County News.

The combination of the 2021 laws best known as SB9 and SB10 was supposed to bring scads of new affordable housing to the California market, ending single-family zoning forever and solving the state’s housing shortage.They did not, though, mostly because the extra housing allowed under Senate Bill 9 never became popular and developers never followed up by taking out many of the extra building permits easily available under Senate Bill 10.

applies only to Redondo Beach and four other cities that joined the lawsuit. Kin’s reasoning appears solid, though, and if his ruling is upheld by California’s liberal-leaning appeals courts, it will eventually apply in every major city. So far, individual subdivisions allowed under SB9 have achieved little popularity, with well less than 2,000 such units built since the bill became law. What’s more, SB9 did not compel this new housing to meet the legal definition of affordability, where pricing is limited to a specific percentage of average market values in their area and caps on future resale prices.

So, he said, the bill was unconstitutional. Initially, his decision applies only to the plaintiff cities in the lawsuit. If upheld on appeal, it will apply to all charter cities, including every major population center from Los Angeles to Palo Alto and from San Francisco to Santa Barbara.

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