AB 2339, which amended Government Code Section 65583(a)(4), requires additional analysis related to emergency housing for Bay Area jurisdictions that 1) submit drafts of Housing Elements to HCD after April 1, 2023, or 2) did not submit a first draft to HCD until after January 31, 2023. Minor updates or discussions that do not go through formal review do not trigger the requirements, nor does a review of the final (adopted) Housing Element. This memo provides a framework for how to conduct that analysis. HCD will not certify a Housing Element subject to AB 2339 unless a satisfactory analysis is included.
DISCLAIMER: This document is intended solely as a technical overview of the provisions of AB 2339 (2022). It is not intended to serve as legal advice regarding any jurisdiction's specific policies or any proposed housing development project. Local staff should consult with their city attorney or county counsel when adopting an ordinance to implement the provisions of AB 2339 or when determining the applicability of these provisions to any proposed housing development project in their jurisdiction.