Bill Text: CA AB686 | 2017-2018 | Regular Session | Amended
Bill Title: Housing discrimination: affirmatively further fair housing.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 958, Statutes of 2018. [AB686 Detail]
Download: California-2017-AB686-Amended.html
Amended
IN
Assembly
March 15, 2017 |
Assembly Bill | No. 686 |
Introduced by Assembly Member Santiago |
February 15, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12955 of the Government Code is amended to read:12955.
It shall be unlawful:(3)Discrimination under this
subdivision also includes the failure of a public agency to comply with its obligation to affirmatively further fair housing pursuant to Section 12957.
(a)A public agency shall administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and shall not take any action that is materially inconsistent with this obligation.
(b)A public agency that completes an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published on July 16, 2015, on page 42273 of the Federal Register, shall submit a copy of that assessment to the department.
(c)For purposes of this section, the following terms have the following meanings:
(1)“Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation, promote fair housing choice, and foster inclusive communities free from barriers that restrict access to opportunity-based characteristics protected by this part; and that transform racially and ethnically concentrated areas of poverty into areas of opportunity, while protecting existing residents from displacement.
(2)“Barriers that restrict access to opportunity” includes, but is not limited to, inadequate or poorly maintained affordable housing, segregated housing, housing that is inaccessible to persons with disabilities, zoning restrictions, development limitations, and other policies, regulations, or investment decisions that restrict access to high-quality education, transportation, jobs, health care, recreation, clean water
and air, safe neighborhoods, and other important opportunities.
(3)“Local agency” means a city or county, including a charter city or county, a special district, including a regional transportation agency, a joint powers authority, a public housing authority, or any other political subdivision of the state.
(4)“Meaningful actions” means significant actions that are designed and can be reasonably expected to achieve a materially positive change that affirmatively furthers fair housing. Meaningful actions include, but are not limited to, the following activities:
(A)Developing affordable housing, and removing barriers to the development and occupancy of affordable housing, in areas of high opportunity.
(B)Strategically enhancing access to opportunity,
including through targeted investment in neighborhood revitalization or stabilization, while protecting existing residents from displacement.
(C)Preservation or rehabilitation of existing affordable housing.
(D)Promoting greater housing choice within and outside of areas of concentrated poverty and greater access to areas of high opportunity.
(E)Stabilizing and protecting low-income communities in areas in which housing costs are rising or displacement is occurring.
(F)Improving community assets such as quality schools, employment, and transportation in underserved areas.
(G)Improving environmental health in low-income communities.
(5)“Programs and activities relating to housing and community development” means any action, inaction, policy, or program by the public agency that impacts where a person may live and the degree of access that person, based on where they live, has to opportunity, including education, jobs, health care, social services, and secure and safe and affordable living conditions. Actions, inactions, programs, and activities relating to housing and community development shall include, but are not limited to, the following:
(A)The development or demolition of housing.
(B)The enactment of local zoning or land use ordinances.
(C)The denials of use permits.
(D)Development agreements.
(E)Any actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)).
(F)Land use or transportation planning.
(G)Code enforcement.
(H)Ordinances regulating tenancies.
(I)Investment in transportation and infrastructure, including water and wastewater infrastructure.
(6)“Public agency” means any state or local agency, regional transportation agency, or council of governments.
(7)“State agency” means every state office, officer, department, division, bureau, board, and commission, including the California State University.