Court Opinions

State Laws

US Code

US Constitution

California Government Code Section 65588

Legal Research Home > California Lawyer > Government Code > California Government Code Section 65588

(a) Each local government shall review its housing element
as frequently as appropriate to evaluate all of the following:
   (1) The appropriateness of the housing goals, objectives, and
policies in contributing to the attainment of the state housing goal.

   (2) The effectiveness of the housing element in attainment of the
community's housing goals and objectives.
   (3) The progress of the city, county, or city and county in
implementation of the housing element.
   (b) Except as provided in paragraph (7) of subdivision (e), the
housing element shall be revised as appropriate, but not less than
every eight years, to reflect the results of this periodic review, by
those local governments that are located within a region covered by
(1) a metropolitan planning organization in a region classified as
nonattainment for one or more pollutants regulated by the federal
Clean Air Act or (2) a metropolitan planning organization or regional
transportation planning agency that is required, or has elected
pursuant to subparagraph (L) of paragraph (2) of subdivision (b) of
Section 65080, to adopt a regional transportation plan not less than
every four years, except that a local government that does not adopt
a housing element within 120 days of the statutory deadline for
adoption of the housing element shall revise its housing element as
appropriate, but not less than every four years. The housing element
shall be revised, as appropriate, but not less than every five years
by those local governments that are located within a region covered
by a metropolitan planning organization or regional transportation
planning agency that is required to adopt a regional transportation
plan not less than every five years, to reflect the results of this
periodic review. Nothing in this section shall be construed to excuse
the obligations of the local government to adopt a revised housing
element no later than the date specified in this section.
   (c) The review and revision of housing elements required by this
section shall take into account any low- or moderate-income housing
provided or required pursuant to Section 65590.
   (d) The review pursuant to subdivision (c) shall include, but need
not be limited to, the following:
   (1) The number of new housing units approved for construction
within the coastal zone after January 1, 1982.
   (2) The number of housing units for persons and families of low or
moderate income, as defined in Section 50093 of the Health and
Safety Code, required to be provided in new housing developments
either within the coastal zone or within three miles of the coastal
zone pursuant to Section 65590.
   (3) The number of existing residential dwelling units occupied by
persons and families of low or moderate income, as defined in Section
50093 of the Health and Safety Code, that have been authorized to be
demolished or converted since January 1, 1982, in the coastal zone.

   (4) The number of residential dwelling units for persons and
families of low or moderate income, as defined in Section 50093 of
the Health and Safety Code, that have been required for replacement
or authorized to be converted or demolished as identified in
paragraph (3).  The location of the replacement units, either onsite,
elsewhere within the locality's jurisdiction within the coastal
zone, or within three miles of the coastal zone within the locality's
jurisdiction, shall be designated in the review.
   (e) Notwithstanding subdivision (b) or the date of adoption of the
housing elements previously in existence, each city, county, and
city and county shall revise its housing element according to the
following schedule:
   (1) Local governments within the regional jurisdiction of the
Southern California Association of Governments: June 30, 2006, for
the fourth revision.
   (2) Local governments within the regional jurisdiction of the
Association of Bay Area Governments: June 30, 2007, for the fourth
revision.
   (3) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council of
Governments, and the Sacramento Area Council of Governments: June 30,
2002, for the third revision, and June 30, 2008, for the fourth
revision.
   (4) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments: December 31, 2002, for
the third revision, and June 30, 2009, for the fourth revision.
   (5) Local governments within the regional jurisdiction of the San
Diego Association of Governments: June 30, 2005, for the fourth
revision.
   (6) All other local governments: December 31, 2003, for the third
revision, and June 30, 2009, for the fourth revision.
   (7) (A) All local governments within a metropolitan planning
organization in a region classified as nonattainment for one or more
pollutants regulated by the federal Clean Air Act (42 U.S.C. Sec.
7506), except those within the regional jurisdiction of the San Diego
Association of Governments, shall adopt the fifth revision of the
housing element no later than 18 months after adoption of the first
regional transportation plan to be adopted after September 30, 2010.

   (B) All local governments within the regional jurisdiction of the
San Diego Association of Governments shall adopt their fifth revision
no more than five years from the fourth revision and their sixth
revision no later than 18 months after adoption of the first regional
transportation plan to be adopted after the fifth revision due date.

   (C) All local governments within the regional jurisdiction of a
metropolitan planning organization or a regional transportation
planning agency that has made an election pursuant to subparagraph
(L) of paragraph (2) of subdivision (b) of Section 65080 shall be
subject to the eight-year planning period pursuant to subdivision (b)
of Section 65588 and shall adopt its next housing element 18 months
after adoption of the first regional transportation plan following
the election.
   (f) For purposes of this article, "planning period" shall be the
time period for periodic revision of the housing element pursuant to
this section.

Last modified: January 12, 2009