Housing Bills on the Horizon in 2019

Megan Abell
TechEquity Collaborative
3 min readDec 5, 2018
Creative Commons: Jessica Patterson

On Monday, the California Legislature convened to swear in new members and kicked off the 93rd legislative cycle. Legislators, particularly those that represent the Bay Area, didn’t waste any time in introducing new housing legislation. Here are the bills we’ll be following this session:

SCA-1: Amending Article 34 of the California Constitution

Passed in 1950, Article 34 amended the California Constitution to require that cities seek the approval of their voters in order to construct “low-rent” housing. It was (evilly) adopted to bolster cities’ ability to exclude working-class people of color from their communities. It ties the ability to construct affordable housing to the whim of voters, allowing exclusionary communities to disapprove of affordable projects on the ballot.

By requiring voter approval, Article 34 ties development approval to the cycle of electoral politics, so it slows down the approvals process for projects greatly and adds significant cost, even in communities that embrace the development of affordable housing. SCA-1, authored by San Francisco State Senator Scott Wiener, will repeal Article 34. This will remove the voter-approval requirement and help streamline the construction of affordable housing.

SB-48: Right to Shelter

Another bill authored by Sen. Wiener, SB-48, establishes that those experiencing homelessness have a right to shelter. The bill outlines what that shelter needs to include, such as a safe place to keep belongings and the ability to remain with one’s partner.

The bill also seeks to require that those experiencing homelessness should have a right to shelter within their own community, and shouldn’t be forced to move to another community to receive sufficient supportive services.

SB-50: Transit Dense Housing in Exclusionary Communities

Sen. Wiener is bringing back his transit-oriented development bill, SB-827, from last session. This time it’s coming with some key changes and a new bill number: SB-50.

In his second bite at the apple, Sen. Wiener worked with a broad coalition of stakeholders to address anti-displacement concerns and balance the bill’s pro-development goals. The bill is co-sponsored by newly-minted Oakland Assemblymember Buffy Wicks.

AB-10: Low-Income Housing Tax Credit

San Francisco Assemblymember David Chiu’s bill would increase the state’s allocation of low-income housing tax credits by $500 million — a fivefold increase over the current limit.

The tax credit system allows affordable housing developers to apply for the same credits that investors buy to lower their own tax payments. Governor Jerry Brown vetoed an attempt to boost the tax credit in 2015, citing costs to the state budget. This bill significantly expands the current largest public aid to low-income housing developers, this time with the support of newly-elected Governor Gavin Newsom.

AB-11: Community Redevelopment

Assemb. Chiu introduced a bill to resurrect California’s redevelopment agencies. Once a major source of funding for the construction of affordable housing, redevelopment agencies provided $1 billion annually to bolster housing projects across the state until the agencies were eliminated in 2011.

Gov. Brown cut the program as a part of his effort to balance the post-recession budget, significantly hindering the production of affordable housing ever since. Assemb. Chiu’s AB-11 could mean a huge and sustainable funding source for the development of affordable units.

We expect to see many more bills introduced in the coming weeks. Make sure you subscribe to TechEquity’s newsletter to get the latest in your inbox!

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Megan Abell
TechEquity Collaborative

Director of Advocacy for TechEquity Collaborative. Urbanism & organizing. Lover of art, design & architecture. In a deeply committed relationship with Oakland.