Summary:
California’s Assembly Bill 507 (Haney), signed into Law in October 2025, is a cornerstone of the state’s housing strategy to convert underutilized commercial buildings into housing. The bill establishes adaptive reuse as a “use by right” statewide, streamlines permitting through ministerial approvals, and authorizes local incentive programs to subsidize affordability. It aims to tackle two significant challenges: high vacancy rates in office/retail spaces and severe housing shortages, particularly in urban areas.
Key Provisions of AB 507
1. Adaptive Reuse as Use by Right
- Applies to existing buildings (generally less than 50 years old) or those meeting historic preservation standards.
- Overrides local zoning: Adaptive reuse projects are permitted in all zones except industrial zones, which prohibit residential uses.
- Requires compliance with the Secretary of the Interior’s Standards for Rehabilitation for historic structures or eligibility for state/federal historic tax credits. ,
2. Streamlined Ministerial Approval
- Adaptive reuse projects that meet statutory criteria qualify for ministerial review, eliminating the need for conditional use permits and discretionary hearings.
- Parking requirements are waived for portions of buildings that do not have existing on-site parking.
- CEQA review is effectively bypassed for qualifying projects under this ministerial framework.
3. Affordability Requirements
- Rental housing:
- Option A: 8% very low-income + 5% extremely low-income units
- Option B: 15% lower-income units
- Owner-occupied housing:
- Option A: 30% moderate-income units
- Option B: 15% lower-income units
- Mixed-use projects: At least 50% of square footage dedicated to residential use.
4. Local Incentive Programs
- Cities/counties may create Adaptive Reuse Investment Incentive Funds starting FY 2026–27.
- Funding source: incremental property tax revenue from increased assessed value post-conversion.
- Duration: Up to 30 years of payments to subsidize affordable units.
- Flexible structure: Funds can flow to owners or lessees under approved agreements.
Why AB 507 Matters
- Addresses office vacancy crisis: California’s urban centers face record-high commercial vacancies post-pandemic.
- Accelerates housing production: Ministerial approvals cut years off timelines.
- Supports affordability: Mandatory income-restricted units + local tax-increment incentives.
- Climate-smart development: Reusing existing structures reduces embodied carbon and infrastructure strain.
Implementation Roadmap
For Developers
- Eligibility check: Building age (<50 years) or historic compliance affidavit.
- Affordability strategy: Choose a rental or ownership compliance path early.
- Documentation: Prepare ministerial application with objective standards; no CEQA EIR required.
- Financing: Explore local incentive programs + state/federal historic tax credits.
For Local Governments
- Adopt ordinances for incentive programs by FY 2026–27.
- Set clear timelines for ministerial review (align with SB 35 shot clocks).
- Publish guidance on affordability verification and incentive fund requests.
Risks and Challenges
- Infrastructure capacity: Older buildings may need seismic, ADA, and utility upgrades.
- Historic compliance costs: Meeting preservation standards can raise project budgets.
- Local fiscal Impact: Diverting property tax increments for incentives may strain budgets.
- Market uncertainty: Conversion economics depend on construction costs and demand for smaller units.
Legislative Journey
- Introduced: 10 February 2025
- Passed Assembly: 23 May 2025 (64–1)
- Passed Senate: 10 September 2025 (30–9)
- Signed by Governor: 10 October 2025
- Effective Date: 1 January 2026
Key Takeaways
- Adaptive reuse is now by-right statewide (with exceptions).
- Ministerial approvals + CEQA bypass = faster conversions.
- Affordability mandates ensure equity.
- Local tax-increment incentives can bridge financing gaps.