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AB-387 Social Housing Act of 2021.(2021-2022)

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Date Published: 03/26/2021 04:00 AM
AB387:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 387


Introduced by Assembly Member Lee
(Coauthor: Assembly Member Wicks)

February 02, 2021


An act to add Article 7 (commencing with Section 34390) to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 387, as amended, Lee. Social Housing Act of 2021.
Existing law, the Housing Authorities Law, authorizes the establishment of a functioning housing authority within a city or county by enactment of a resolution by the city or county declaring that there is need of a functioning housing authority in the city or county. Existing law authorizes a housing authority of a city or county to, among other things, prepare, carry out, acquire, lease, and operate housing projects and housing developments for persons of low income, as provided.
This bill, the Social Housing Act of 2021, would establish, in the Business, Consumer Services, and Housing Agency, the California Social Housing Council to develop policy proposals that would promote the development of social housing, as defined, to hold public meetings throughout the state to educate participants on the history and purposes of social housing, and to solicit input on the policy proposals from stakeholders. The bill would require the council to report to the Legislature by January 1, 2024, on the council’s recommended policy proposals and all input received. The bill would make related findings and declarations.

Existing law establishes the Department of Housing and Community Development and sets forth its powers and duties. Existing law establishes various programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, homeownership for very low and low-income households, and downpayment assistance for first-time homebuyers.

This bill would declare the intent of the Legislature to subsequently amend this bill to include provisions that would enact the Social Housing Act of 2021 to establish the California Housing Authority for the purpose of developing mixed-income rental and limited equity homeownership housing and mixed-use developments to address the shortage of affordable homes for low and moderate-income households.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known and may be cited as the Social Housing Act of 2021.

SEC. 2.

 Article 7 (commencing with Section 34390) is added to Chapter 1 of Part 2 of Division 24 of the Government Code, to read:
Article  7. Social Housing

34390.
 (a) The Legislature finds and declares all of the following:
(1) The private market has failed to meet the needs of the vast majority of California residents, whether they wish to rent or buy their home.
(2) It is the intent of the Legislature to help fill a massive housing gap, by financing thousands of publicly owned, deeply affordable homes that are built sustainably with unionized labor, based on the widely successful Vienna model and many other successful models of mixed income rental and ownership housing.
(3) These homes will be beautifully designed, near transit, accessible, and available to a mix of incomes.
(b) It is the intent of the Legislature in enacting this article to define social housing, to set an ambitious goal for creating social housing through both new production and preservation of existing units, and to establish the means for achieving that goal.

34391.
 For purposes of this article, “social housing” means housing that meets all of the following requirements, and includes both rental and home ownership housing:
(a) The housing units are owned and managed by a public entity, a local housing authority, or a mission-driven not-for-profit private entity.
(b) Each social housing development contains housing units that accommodate a mix of household income ranges, including extremely low income, very low income, low income, and moderate income, and all housing units are permanently deed-restricted affordable at those respective levels.
(c) Residents of the housing units shall enjoy full protection against termination without just cause or for any discriminatory, retaliatory, or other arbitrary reason, and shall be afforded due process prior to being subject to eviction procedures.
(d) The housing units shall be protected for the duration of their useful life, from being sold or transferred to a private for-profit entity or a public-private partnership.
(e) Residents have the right to participate directly and meaningfully in decisionmaking affecting the operation and management of the housing units in which they reside.

34392.
 (a) There is, in the Business, Consumer Services, and Housing Agency, the California Social Housing Council. The council is an advisory body and shall be broadly representative of residents across the state who live, or aspire to live, in social housing.
(b) The council shall do all of the following:
(1) Develop policy proposals that would promote the development of social housing.
(2) Hold public meetings throughout the state to educate participants on the history and purposes of social housing and to solicit input on the policy proposals from stakeholders.
(3) Report to the Legislature by January 1, 2024, on the council’s recommended policy proposals and all input received.

SECTION 1.

It is the intent of the Legislature to subsequently amend this measure to include provisions that would enact the Social Housing Act of 2021 to establish the California Housing Authority for the purpose of developing mixed-income rental and limited equity homeownership housing and mixed-use developments to address the shortage of affordable homes for low and moderate-income households.