Senate Bill 808 and Assembly Bill 712 Enhance Remedies Against Local Agencies that Violate State Housing Laws
Introduction
Despite the numerous housing law reforms adopted over the past few years, many cities refuse to comply, leaving applicants with litigation as the only remedy. In its abiding effort to push local agencies to comply with housing laws, the State has enacted two new measures, which together are designed to streamline judicial review of housing project denials and to increase the financial risk for local agencies that violate State housing laws. Both measures, Senate Bill 808 (streamlining litigation) and Assembly Bill 712 (increasing financial risk to violators) take effect on January 1, 2026.
Senate Bill (SB) 808 – Expediting Judicial Review
SB 808 establishes a new, expedited writ of mandate process for challenges to a local agency’s disapproval of, or failure to act on, a qualifying housing project, adding sections 1094.9 and 46 to the California Code of Civil Procedure.
Section 1094.9 sets forth special timelines for cases challenging a local agency’s denial of a housing project, and section 46 provides that any appeals in such actions will be given preference in scheduling.
Scope
The law applies to any action or proceeding to review denial of a permit or other entitlement for a housing development project or residential dwelling unit. Any housing applicant, the Department of Housing and Community Development (“HCD”), or the Attorney General may bring an action under this section.
Actions brought under section 1094.9 are to given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.
Procedure
Actions brought under section 1094.9 must be brought and resolved on an accelerated timeline. The petitioner must file and serve the petition within 90 days of the action by which the local agency disapproves the housing development project (which is not a change in the law).
The clerk must set a hearing for review of the petition no later than 45 calendar days from the date the petition is filed. Following the hearing, the court is required to render its decision in an “expeditious manner,” but in no event may the decision be rendered later than: (1) 30 calendar days after the matter is submitted; or (2) 75 calendar days after the petition is filed, whichever is earlier.
If the presiding judge determines that court will be unable to meet any of the deadlines, the judge may request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits provided in this section. The request is entitled to priority.
Assembly Bill (AB) 712 – Strengthening Enforcement Through Fees and Fines
AB 712 strengthens the enforcement side of housing litigation by giving developers greater leverage, including meaningful consequences for repeat local agency offenders. It imposes penalties on public agencies that violate housing laws and broadens local agencies’ obligation to reimburse housing applicants’ legal fees.
Attorneys’ Fees
AB 712 provides that a housing applicant who prevails against a public agency in an action to enforce the public agency’s compliance with housing reform laws is entitled to reasonable attorneys’ fees and costs.
In addition to paying the developer’s legal fees, the local agency faces fines under certain circumstances. The court must impose a fine if the public agency is a local agency and:
(1) The Attorney General or HCD warned the agency before the lawsuit was filed that its actions would violate state housing law; and
(2) After the Attorney General or HCD gave written notice of the agency’s violation, the applicant gave written notice of its intent to commence an action at least 60 days before filing the petition.
The court must impose a minimum fine of $50,000 per housing unit for projects consisting of 4 or fewer units, and $10,000 per housing unit for larger projects. The fines are payable to a local housing trust fund or the statewide Building Homes and Jobs Trust Fund (not the builder). Additionally, there are enhanced penalties if a court has previously found that the local agency violated the same housing law on which the applicant prevailed in its action. In those instances, the court must multiply the applicable fines by a factor of five.
Public agencies are also prohibited from requiring a housing applicant to indemnify, defend, or hold harmless the agency against actions alleging the agency itself violated State housing laws.
Practical Implications
Together, SB 808 and AB 712 significantly strengthen California’s housing law enforcement mechanisms.
For developers, the new framework provides the potential for significantly quicker judicial review timelines, greater cost recovery, and greater leverage in dealing with agencies resisting housing development. The new laws should make it more feasible—both practically and financially—to pursue judicial review and enforcement of housing laws when local agencies refuse to comply with state housing mandates.
Our Take
The SB 808 timeline for housing challenges is unprecedented. Requiring the trial court to rule within 75-days of the case being filed is extremely ambitious. If honored by the courts, this is far faster than any current writ petition timeline and avoids the ambiguity of the typical requirement included in statutes like the California Environmental Quality Act (CEQA) for “calendar preference.” Calendar preference can be hard to measure, and those cases can still languish when a court is backlogged. A ruling within 75-days would be a real benefit to applicants who have historically suffered through months and years of delay when seeking judicial relief.
The new attorneys’ fee reimbursement provision is both broader and more emphatic than the existing fee recovery provisions, and the new fining regime creates extraordinary risk, especially for cities that have defied HCD guidance or notices of violation. We expect that the prospect of such significant exposure to fines will cause cities and counties to prioritize compliance with state housing laws and encourage the development of much-needed housing.
Our Land Use and Natural Resources Team is experienced in entitling housing development projects and enforcing housing laws when violated by local agencies. Please contact any member of the team if you need support ensuring an agency is complying with housing laws or navigating housing litigation, including questions concerning SB 808 and/or AB 712.
