Housing Crisis Act Implementation

New City Guidance on the Implementation of the Housing Crisis Act

Los Angeles has updated its guidance on the implementation of the Housing Crisis Act of 2019 (HCA) in response to the passage of Senate Bill (SB) 8. The City's new tools for HCA guidance include the Housing Development Project Applicability Matrix, which helps users determine whether the HCA applies to a given project. A new field also appears on the "Housing" tab of the Zone Information and Map Access System (ZIMAS), the City's web-based mapping tool that provides zoning information about properties in Los Angeles, indicating whether a site is subject to the HCA.

The HCA, enacted in 2019 as Senate Bill (SB) 330, declared a temporary housing emergency statewide in order to preserve existing affordable housing, enhance protections for occupants, and increase certainty in the development review process. The HCA has been in effect since January 1, 2020. Subsequently, on January 1, 2022, SB 8, the first major clarification of the HCA, went into effect. The general provisions of both bills are outlined below.

General Applicability and Effective Dates

The HCA, as amended by SB 8, applies to projects of the following types that are submitted to the City before January 1, 2030. The legislation lapses at the end of 2034.

  • Discretionary housing projects with a final approval on or after January 1, 2020
  • Ministerial housing projects with an application submitted to City Planning, or for which the Los Angeles Department of Building and Safety (LADBS) accepts a complete building permit Plan Check application, on or after January 1, 2022
  • Housing projects that submit a complete HCA Vesting Preliminary Application

General Procedures

To implement the HCA and Title 7 of the Government Code, as amended by SB 8, the following development review criteria apply:

Housing Unit Replacement and Occupant Protections
A Housing Development Project must obtain an SB 8 Replacement Unit Determination (RUD) letter from LAHD before submitting a complete application to City Planning or receiving a clearance from LAHD during the permitting process for projects that do not require a City Planning application. Alternatively, if the project qualifies, it may obtain and complete a No Net Loss Property Owner Declaration in lieu of the SB 8 RUD.

Optional Vesting
Most housing projects qualify to submit an optional HCA Vesting Preliminary Application, which "locks in" local planning and zoning rules at the time the complete application is submitted. These vesting rights do not apply to changes in State law or to changes in building code. Applicants must submit the complete application for vesting before filing a City Planning application or submitting a building permit Plan Check application.

To initiate a request for HCA vesting rights, submit a Housing Crisis Act Vesting Preliminary Application (CP-4062) Form and the required materials through City Planning's Online Application Portal.

Preliminary Zoning Assessment
Housing projects consisting of two or more residential units with a City Planning application for development must receive a completed Preliminary Zoning Assessment (PZA) from LADBS to determine zoning compliance. The PZA consists of an informational zoning Plan Check and requires completion of Referral Form CP-4064.

zoning search
 

 

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Contact Information

City Planning
For answers to general questions on the optional HCA Vesting Preliminary Application and planning-related processes, contact Planning.HCA@lacity.org. For information on City Planning application filing requirements, contact Planning.Figcounter@lacity.org or Planning.MBC2@lacity.org.

Housing Department
For answers to questions regarding residential unit replacement requirements and occupant protections, contact LAHD-Landuse@lacity.org. If demolishing units subject to the RSO, consult the Ellis Act webpage for more information on the RSO relocation process.

Building and Safety
For answers to questions that are not associated with a City Planning application, contact Building and Safety’s Plan Check engineer at LADBS.AHS@lacity.org or (213) 482-0455. Information on PZA submittal requirements can be found online, along with information on permits and inspections.