Definition
The Housing Element is a required component of every California city's and county's General Plan, mandated by the California Housing Element Law (Government Code §§ 65580–65589.8). It is the planning document that addresses the community's housing needs across all income levels and all segments of the population — owners and renters, families and seniors, individuals with disabilities, and those experiencing or at risk of homelessness.
The Housing Element is unique among General Plan elements because it is the only one reviewed and certified by a state agency — the California Department of Housing and Community Development (HCD) — with real enforcement authority. A Housing Element that HCD determines is not in substantial compliance with state law has immediate legal consequences for the jurisdiction.
What the Housing Element Must Include
State law specifies detailed requirements for Housing Element content:
- Sites inventory: An identification of specific sites — by parcel — where the jurisdiction's RHNA allocation can be accommodated across all income categories.
- Realistic capacity analysis: A demonstration that identified sites are realistically developable at the densities and affordability levels needed to meet the RHNA. Sites with recent history of failed projects or market infeasibility may not count.
- Zoning for lower-income sites: Sites identified to accommodate very low and low income units must be zoned to allow multifamily housing by right — without a conditional use permit requirement.
- Affirmatively furthering fair housing (AFFH): An analysis of patterns of segregation, disproportionate housing needs, and contributing factors — along with programs to affirmatively further fair housing choice.
- Programs: A set of programs with specific timelines and commitments to remove regulatory barriers to housing, facilitate housing production, and achieve the jurisdiction's RHNA goals.
- No net loss tracking: An obligation to maintain adequate sites throughout the planning period and make up any shortfall if approved developments result in lower density than originally counted.
The Update Cycle
Most California jurisdictions must update their Housing Element every eight years. Jurisdictions in certain regions (San Francisco Bay Area, Sacramento Area) may have different cycles. The update process typically involves:
- Preparing a draft Housing Element
- Submitting the draft to HCD for a 60-day review
- Responding to HCD's comments
- Adopting the Housing Element by city council resolution
- Submitting the adopted element to HCD for final certification
Jurisdictions that fail to adopt a compliant Housing Element within the required timeframe lose the protection of their local zoning — the builder's remedy and other state enforcement tools apply immediately.
The Housing Element is the single document most likely to determine whether your city faces builder's remedy applications, state enforcement action, or loss of housing grant eligibility. Legislaide helps cities identify conflicts between their zoning codes and their Housing Element programs — so compliance gaps don't become enforcement actions.
Frequently Asked Questions
What is a Housing Element?
The Housing Element is a required component of every California city's general plan, mandated by Government Code §§ 65580–65589.8. It must plan for the community's housing needs across all income levels and is the only general plan element reviewed and certified by the state Department of Housing and Community Development (HCD).
What must a Housing Element include?
Required contents include: a parcel-level inventory of sites adequate to meet the RHNA allocation at all income levels, zoning to allow multifamily housing by right on lower-income sites, an affirmatively furthering fair housing (AFFH) analysis, and programs with specific timelines to remove regulatory barriers to housing production.
What is HCD certification?
HCD certification means the state Department of Housing and Community Development has determined the Housing Element substantially complies with state law. Certified jurisdictions are protected from builder's remedy applications and avoid most state enforcement actions for the duration of the planning period.
How often must the Housing Element be updated?
Most California cities must update their Housing Element every eight years, aligned with the RHNA cycle. The update involves preparing a draft, submitting it to HCD for a 60-day review, responding to HCD's comments, adopting the final element by council resolution, and obtaining HCD certification.
What happens when a city's Housing Element is not certified?
Non-certified cities face builder's remedy exposure (qualifying developers can bypass local zoning), potential HCD and Attorney General enforcement actions, loss of state housing funding eligibility, and heightened requirements under statutes like SB 423 that distinguish between compliant and non-compliant jurisdictions.
Published April 15, 2026 by Legal Team at Legislaide.