Bill Text: CA AB1485 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 1485

Bill Title: Housing element: enforcement: Attorney General.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 763, Statutes of 2023. [AB1485 Detail]

Download: California-2023-AB1485-Chaptered.html

Assembly Bill No. 1485

CHAPTER 763

An act to add Section 65585.01 to the Government Code, relating to housing.

[ Approved by Governor October 11, 2023. Filed with Secretary of State October 11, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 1485, Haney. Housing element: enforcement: Attorney General.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that general plan to include, among other mandatory elements, a housing element. Existing law authorizes the Department of Housing and Community Development to notify the office of the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law relating to housing, including, among others, the Housing Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019.

Existing law provides that an intervention takes place when a nonparty becomes a party to an action or proceeding between other persons by, among other things, joining a plaintiff in claiming what is sought by the complaint. Existing law requires the court to permit a nonparty to intervene in the action or proceeding if a provision of law confers an unconditional right to intervene.

This bill would permit both the department and the office of the Attorney General to intervene as a matter of unconditional right in any legal action addressing a violation of the specified housing laws described above, including, among others, the Housing Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019.

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

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

SECTION 1.

Section 65585.01 is added to the Government Code, immediately following Section 65585, to read:

65585.01.

In any suit brought to enforce either this article or any state law listed under subdivision (j) of Section 65585, the department and the office of the Attorney General shall each have the unconditional right to intervene under subparagraph (A) of paragraph (1) of subdivision (d) of Section 387 of the Code of Civil Procedure. The office of the Attorney General shall have this unconditional right whether intervening in an independent capacity or pursuant to a notice or referral from the department.