Chapter 12.76Local Tenant Preferences to Prevent Displacement Act

Section § 7061

Explanation

This policy aims to help lower-income individuals in California neighborhoods experiencing displacement and gentrification due to rising housing costs. The state encourages using resources like low-income housing tax credits and tax-exempt bonds to create affordable housing, allowing these communities to stay intact.

Additionally, any local tenant preference policies must comply with fair housing laws to ensure they promote equal housing opportunities for all, aligning with state and federal fair housing regulations.

(a)CA Government Code § 7061(a) It is the policy of the state of California that lower income individuals residing in neighborhoods and communities experiencing significant displacement pressures and gentrification due to rapid growth or increasing housing prices need access to housing that is affordable and that assists those households in avoiding displacement. To the extent feasible and consistent with other state and federal laws, the low-income housing tax credit program and tax-exempt bonds for qualified residential rental properties defined under subsection (d) of Section 142 of the Internal Revenue Code used to create and preserve affordable housing may be used to support access to housing that would allow households facing or at risk of displacement to remain in the community.
(b)CA Government Code § 7061(b) A local tenant preference adopted pursuant to this chapter is subject to the duty of public agencies to affirmatively further fair housing pursuant to Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2, the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), the Unruh Civil Rights Act (Section 51 of the Civil Code), the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and any implementing regulations thereunder.
affordable housing displacement pressures gentrification low-income housing tax credit tax-exempt bonds tenant preference fair housing neighborhood displacement community preservation housing assistance California housing policy housing affordability local tenant preference fair housing laws community stability
(Added by Stats. 2022, Ch. 660, Sec. 2. (SB 649) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Sec. 7061.2.)

Section § 7061.1

Explanation

This law requires local governments in California that implement tenant preference policies to do two things. First, within 90 days of making the ordinance active, they must create a webpage on their website with the ordinance details and related materials. Second, annually, they need to give the Department of Housing and Community Development a link to this webpage as part of their yearly housing report. Additionally, the Department is required to list all jurisdictions with tenant preference policies on its own website, based on the information from these reports.

(a)CA Government Code § 7061.1(a) A local government adopting a tenant preference policy shall do both of the following:
(1)CA Government Code § 7061.1(a)(1) No more than 90 days after the date the ordinance becomes operational, create a webpage on its internet website containing its authorizing local ordinance and supporting materials.
(2)CA Government Code § 7061.1(a)(2) Provide, on an annual basis, to the Department of Housing and Community Development a current link to the webpage, as described in paragraph (1), in its annual housing element report, as required by paragraph (2) of subdivision (a) of Section 65400.
(b)CA Government Code § 7061.1(b) The Department of Housing and Community Development shall post on its internet website a list of the jurisdictions that have tenant preference policies based upon the information provided by local governments in their respective annual housing element reports.
tenant preference policy local government webpage internet website authorizing ordinance supporting materials annual housing report Department of Housing and Community Development housing element report jurisdictions list 90 days operational ordinance annual requirement link provision annual basis
(Added by Stats. 2022, Ch. 660, Sec. 2. (SB 649) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Sec. 7061.2.)

Section § 7061.2

Explanation

This section of the law will only be active until January 1, 2033. After that date, it will no longer be in effect.

This chapter shall remain in effect only until January 1, 2033, and as of that date is repealed.
expiration date repeal temporary law sunset provision inactive terminated January 1 2033 end of effect legislative sunset automatic repeal 2023 status legal expiration time-limited statute
(Added by Stats. 2022, Ch. 660, Sec. 2. (SB 649) Effective January 1, 2023. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Chapter 12.76, commencing with Sec. 7061.)