This is Part 3 of “ABAG’s 9000,” a series about requiring Berkeley to add 9000 housing units to its housing "supply" over the next 8 years. “Supply” is ironic because it will be market rate housing, for which there is a glut, and thus “low demand.”
ABAG, the Association of Bay Area Governments, made this allocation at the behest of the California Department of Housing and Community Development (HCD), as a portion of its Regional Housing Needs Assessment (RHNA). The city of Berkeley pretends this is a real requirement, though ABAG is a non-statutory agency of state government that has no statutory powers to tell any charter city what to do. Yet according to a new ordinance, should Berkeley fail to meet its alleged obligation, HCD can take control of its housing permit operations, in a form of coup. The threat of such a coup smells like a racketeering operation. Why would the city of Berkeley act as if this was legitimate?
The specific statute in question is SB-35, enacted ostensibly to stop charter cities from refusing to allow housing development. Its title makes reference to affordable housing, but its text provides for no specific quantity of affordable units to be provided. Ironically, communities in Berkeley have been clamoring for affordable housing for years (housing for which the rent is at most 30% of a tenant’s income). Yet this ordinance will not succeed in providing such housing any more than Berkeley has on its own. Hence, the glut, producing housing that low income working class people (the majority) cannot afford. This ordinance, with its “proposed need” for housing, will do nothing to change the situation. What the state calls a "proposed need" is a self-defined need, arrived at without consultations with the cities, but given them as a responsibility.
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