Registrations are now open for most of the events throughout the month!

If you have any questions about Affordable Housing Month or our events, please contact Fernanda at fdevelasco@hlcsmc.org.

Housing Element

Earlier this month, at least 9 cities received review letters from the state department of Housing and Community Development commenting on their housing elements. Over the last couple of weeks, cities have taken a number of different approaches to responding to HCD. Though no San Mateo County jurisdiction besides Redwood City has yet received certification from the state, several have adopted their housing elements anyway.

Cities have pursued so-called “self certification” of their housing elements to avoid legal penalties for housing element non-compliance, such as the Builder’s Remedy. The Builder’s Remedy is a legal penalty for jurisdictions without compliant housing elements; under the Bulider’s Remedy, a city cannot use its zoning to deny a development proposal, no matter how large the proposal. However, in adopting their housing elements before receiving certification from HCD, cities are operating on the premise that they are in compliance with housing element law regardless of the state’s opinion–and are therefore not subject to legal penalties for noncompliance, such as the Builder’s Remedy. 

A new court case, Martinez v. City of Clovis, may upend the legal strategies pursued by many cities in San Mateo County. Martinez v. City of Clovis clarifies housing element law, suggesting that courts are likely to defer to HCD’s determination of legal compliance. In human speak, that means a city will not be in compliance with housing element law until HCD says so. UC Davis Law Professor Chris Elmendorf tweeted “Cities using ‘self-certification’ gambit to avoid builder’s remedy should expect to lose in court.”

The court case has practical implications for San Mateo County: The first Builder’s Remedy proposals have started to trickle in. Most significantly, developer Windy Hill has submitted a new proposal for the Block 20 development in San Mateo featuring 353 homes, 71 of which would be affordable to low-income households. First proposed in mid 2022, the Block 20 development plans initially called for 132,000 square feet of office uses with 86 homes, 9 of which would have been available to very low-income households. At the end of March, the developer resubmitted the 353-home proposal pursuant to the Builder’s Remedy. 

Up to this point, the City of San Mateo has maintained that it is in compliance with state law regardless of HCD’s determination and therefore not subject to legal penalties. The city’s response to the Block 20 Builder’s Remedy Application remains to be seen. Even if legally allowed, it’s not clear that Windy Hill would choose to abandon its pre-existing, office-heavy application for the new, overwhelmingly residential Builder’s Remedy proposal. 

Nonetheless, San Mateo, like most cities in the county, continues to work on updating its housing element. A handful of cities–South San Francisco and San Carlos, most notably–received positive review letters from HCD indicating they are nearing legal compliance. Others, the City of San Mateo notable among them, continue to receive extensive comments. HLC will continue to support SMC jurisdictions’ efforts to achieve legal compliance. 

Have questions about Housing Element? Contact Jeremy at jlevine@hlcsmc.org

Policy Updates

✧California Housing Partnership’s Affordable Homes at Risk Report is out✧ 

The California Housing Partnership released the 2023 Affordable Homes At Risk Report today. Notable findings include:

• 4,749 subsidized affordable rental homes may no longer be affordable as soon as next year.

• 22,078 have been lost in California since 1997 through conversion to market rate housing or expiring regulatory restrictions.

• More than 31,300 could lose their affordability within 10 years if nothing is done.

• Nearly 40% of these are home to seniors on fixed incomes and people with disabilities.

Events

✧Affordable Homes at Risk: New Preservation Challenges a✧

If you want to learn from policy experts and nonprofit housing providers working in the trenches to ensure more affordable homes are not lost as the need for them grows, join California Housing Partnership April 26 at 2pm for a virtual discussion of Preservation Challenges and Opportunities.

HLC News

✧We are hiring an Assistant Organizer✧

We are seeking a full-time Assistant Organizer. The ideal candidate is passionate about affordable housing and the role housing plays in achieving racial and economic justice. This is an excellent entry-level opportunity for someone looking for a career in housing or political change-making. The Assistant Organizer will be supporting with campaign planning, organizing community outreach events and info sessions, and building organizing capacity in North San Mateo County.

Submit your resume and cover letter to resumes@hlcsmc.org. We are looking to fill this position as soon as possible. Application is open until filled.