Landlord/Tenant Meets Land Use: What is SB 330?

At The Rad Firm, we recognize that the evolving real estate legal landscape along with more government intervention in favor of protecting low-income housing requires more than just a mastery of landlord/tenant law. We are constantly working to refine our knowledge of different areas including land use, economics, development and market analysis in order to better serve our clients who are more frequently moving toward development.

We will be taking advantage of the COVID-19 quarantine by publishing a series of blog posts over the next few weeks that explore the basics of Senate Bill 330 also known as the Housing Crisis Act of 2019. We hope this will be a good primer from which you can feel more informed before venturing into your residential projects. Please note the content of our “Disclosure” page when referencing this article. So without further ado, here we go:

What is SB 330?

SB 330 was signed into law on 10/9/19 to increase the certainty of the development process by:

  • Speeding up the review of new housing projects;

  • Preserving existing affordable housing;

  • Preventing zoning actions that reduce the availability of housing; and

  • Establishing a statewide housing emergency through 1/1/25

How does SB 330 Seek to Accomplish its Aim?

SB 330 implements a multi-prong approach to achieve its goal of increasing housing density and decreasing uncertainty:

  • It creates a new vesting process for zoning/land use ordinances;

  • Sets new standards in place at the time a preliminary application is submitted;

  • Requires historic designation of any site be determined at the time of application;

  • Prohibits imposing or enforcing non-objective design review standards established after 1/1/20;

  • Clarifies the Permit Streamlining Act by shortening permit review timeframes and limiting public hearings;

  • Outlines circumstances under which a housing development may have its density reduced;

  • Prohibits approval of housing projects that result in a net loss of housing units; and, most importantly from a landlord/tenant perspective

  • Creates new housing replacements, eviction protections, relocation assistance and right of return requirements.

Confused? Overwhelmed? You are not alone. Stay tuned for more from our SB 330 primer series to learn more about the specifics implicated from above or give us a call at 213-908-5188 to discuss your plans for your next project. We can help you gain an understanding of your rights, obligations and provide you with a path to achieve your goal of creating profitable residential or mixed-use development.