Working with HCD

The California Department of Housing and Community Development (HCD) is the state agency charged with reviewing and approving a city’s or county’s housing element. Because HCD is ultimately responsible for reviewing every Housing Element for compliance with State law, it can be valuable to get feedback from HCD staff early and often in the Housing Element process. The following recommendations are intended to help ensure a smooth HCD review process and build a positive working relationship between the local jurisdiction and HCD staff:

• Contact Housing and Community Development Early in the Process.  Jurisdictions are encouraged to meet with HCD early on in the process of preparing their Housing Element. The jurisdiction can determine which HCD analyst will be assigned and can work with that analyst through the process of refining an approach to fit community needs and resources. Find your jurisdiction’s staff by contacting HCD at 916-445-4728 or cahouse@hcd.ca.gov.
• Utilize Housing and Community Development Resources. HCD staff is a resource for identifying potential housing strategies or providing samples of exemplary Housing Elements, policies, and programs. HCD staff is also willing to attend public meetings and meet with local staff and representatives to answer questions and give feedback on alternative housing strategies.
• Work with Housing and Community Development Staff in Making Changes to the Draft Element. While it is the responsibility of HCD to identify deficiencies in a Draft Housing Element, HCD staff will also work with local jurisdictions to develop modifications that address those deficiencies in a way that is tailored to community resources and conditions.

Once a Draft Housing Element is submitted, HCD conducts a review and issues written findings stating whether the element “substantially complies” with Housing Element laws. Any public agency, group, or person may submit written comments during the review process. Prior to submittal of a formal response letter, HCD staff will review the Element, consider other correspondence received on the Element, and call the local jurisdiction to clarify issues and gain a better understanding of local conditions. When HCD’s review letter is received, the local legislative body must consider HCD’s findings. If HCD finds that the Element is substantially out of compliance with the Housing Element laws, the legislative body is required to either:

• Change the Draft Housing Element to achieve substantial compliance.
                            OR
• Adopt the Draft Housing Element without changes and include written findings to explain why the legislature believes it does substantially comply.

Upon adoption, the local government must immediately submit its Final Housing Element to HCD for review. HCD then has 90 days in which to report its final written findings to the local government, stating whether the Housing Element as adopted complies or does not comply with state requirements.