Summary:

California’s housing crisis, a pressing issue that continues to pose a significant challenge to policymakers, developers, and local governments, demands immediate attention.  In response, Assembly Bill 610 (AB-610)—authored by Assemblymember David Alvarez—introduces a new layer of accountability and transparency to the state’s housing planning framework.  The bill, now enrolled and presented to the Governor as of 23 September 2025, amends the Planning and Zoning Law to require cities and counties to disclose governmental constraints that Impact housing development more rigorously.

Background: Housing Element Law

Under existing Law, every city and county in California must adopt a general plan that includes a housing element—a strategic document outlining how the jurisdiction will meet its share of regional housing needs.  The housing element must analyze governmental constraints—such as zoning ordinances, fees, and permit processes—that affect the development, maintenance, and improvement of housing across income levels.

The Department of Housing and Community Development (HCD) reviews these elements to ensure compliance with state Law.  However, local governments have often introduced new constraints after HCD certification, undermining the intent of the housing element and stalling housing production.

Key Provisions of AB-610

AB-610 strengthens the Housing Element Law by requiring the inclusion of a Governmental Constraints Disclosure Statement in every housing element revision (starting with the 7th cycle and beyond).  This statement must:

·       Identify all new or amended governmental constraints adopted since the last housing element.

·       Disclose any proposed constraints under consideration during the current planning period.

The bill defines “covered governmental constraints” to include:

• New or increased fees, exactions, or affordability requirements.
• Policies that reduce land use intensity for residential development.
• Measures that increase procedural burdens or restrict benefits under the Density Bonus Law.
• New or stricter historic designations affecting sites identified for housing.

Moratorium on New Constraints

AB-610 imposes a three-year moratorium on adopting new or more stringent covered constraints after a housing element is deemed in substantial compliance—unless:

• The constraint was disclosed in the statement, and
• The jurisdiction has fulfilled all commitments to eliminate or mitigate constraints from both the current and prior planning periods.

Exceptions are allowed only for emergency health/safety issues or state/federal mandates.

Statewide Applicability and Enforcement

The bill explicitly states that its provisions apply to all cities, including charter cities, reinforcing its status as a matter of statewide concern.  It also preserves HCD’s authority to review and challenge local actions that may violate housing Law.

Implications for Local Governments and Developers

AB-610 aims to close loopholes that allow jurisdictions to introduce housing deterrents post-certification quietly.  By mandating full disclosure and limiting the ability to enact new constraints, the bill:

• Promotes transparency in local housing policies.
• Protects developers from unexpected regulatory burdens.
• Strengthens accountability in meeting regional housing goals.

Conclusion

AB-610 represents a significant step toward aligning local housing policies with California’s broader housing production goals.  By requiring a detailed disclosure of governmental constraints and restricting the introduction of new ones, the bill seeks to ensure that housing elements are not just aspirational documents—but enforceable commitments to building the homes Californians need.