SB 838 California 20252026 session
Housing Accountability Act: housing development projects.
Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Existing law defines, for its purposes, a housing development project as a use consisting of, among other things, mixed-use developments consisting of residential and nonresidential uses meeting one of several conditions, including that at least 23 of the new or converted square footage is designated for residential use. This bill would revise the definition of "housing development project" to, in the case of mixed-use developments with at least 23 of the new or converted square footage designated for residential use, require that no portion of the project be designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except as specified. This bill would correct cross-references in the Housing Accountability Act. This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1308 to be operative only if this bill and AB 1308 are enacted and this bill is enacted last.
Status
- Introduced
- Committee
- Floor vote
- Passed
- Enacted
Enacted — last recorded action October 13, 2025
Chaptered by Secretary of State. Chapter 789, Statutes of 2025.
Recorded votes
Unfinished Business SB838 Durazo Concurrence
26 yes · 9 no · pass September 12, 2025
SB 838 Durazo Senate Third Reading By Carrillo
58 yes · 17 no · pass September 11, 2025
Do pass and be re-referred to the Committee on [Local Government]
8 yes · 2 no · pass July 16, 2025
Passage likelihood
Not enough recorded signal to estimate this bill's chances.
State-level impact
State-level impact data is not available for this bill. The source text does not contain a per-state funding formula or scored breakdown, so no figures are shown.
Official actions
- Chaptered by Secretary of State. Chapter 789, Statutes of 2025.
- Approved by the Governor.
- Enrolled and presented to the Governor at 2 p.m.
- Assembly amendments concurred in. (Ayes 26. Noes 9. Page 2988.) Ordered to engrossing and enrolling.
- In Senate. Concurrence in Assembly amendments pending.
- Read third time. Passed. (Ayes 58. Noes 17. Page 3273.) Ordered to the Senate.
- Ordered to third reading.
- Read third time and amended.
- Assembly Rule 69(b)(1) suspended.
- Ordered to third reading.
- Read third time and amended.
- Read second time. Ordered to third reading.
- Read second time and amended. Ordered to second reading.
- From committee: Do pass as amended. (Ayes 9. Noes 1.) (July 16).
- Assembly Rule 63 suspended. (Ayes 49. Noes 15. Page 2578.)
- From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 2.) (July 16). Re-referred to Com. on L. GOV.
- Assembly Rule 56 suspended.
- July 2 hearing postponed by committee.
- Referred to Coms. on H. & C.D. and L. GOV.
- In Assembly. Read first time. Held at Desk.
- Read third time. Passed. (Ayes 23. Noes 11. Page 1386.) Ordered to the Assembly.
- Read second time. Ordered to third reading.
- From committee: Do pass. (Ayes 5. Noes 1. Page 1039.) (May 7).
- From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
- From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 9. Noes 2. Page 832.) (April 22). Re-referred to Com. on L. GOV.
- Set for hearing May 7 in L. GOV. pending receipt.
- Set for hearing April 22.
- Re-referred to Coms. on HOUSING and L. GOV.
- Re-referred to Com. on RLS.
- Withdrawn from committee.
- From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
- Referred to Com. on L. GOV.
- Read first time.
- From printer. May be acted upon on or after March 24.
- Introduced. To Com. on RLS. for assignment. To print.