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The original item was published from 4/21/2025 12:58:35 PM to 4/21/2025 1:12:52 PM.

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Posted on: April 21, 2025

[ARCHIVED] Housing Laws

Claim: “There are better places in Chino to put affordable housing.” 


Fact: The State of California determines the Reginal Housing Needs Allocation (RHNA)* for each region in the State. In turn, the Southern California Association Governments (SCAG) is tasked by the State to assign a portion of the region’s RHNA* numbers to cities in our region. Chino is required to zone for 6,978 units between 2021 and 2029, including a significant number of affordable units. These numbers are not determined locally—they are assigned by the State (HCD*) and SCAG, with no consideration for local preferences or availability. 

As part of the Housing Element* process, Chino had to identify sites where this housing could feasibly be built. If Chino refuses to process a proposed housing project on a designated site, it risks: 

  • Losing state funding 
  • Facing financial penalties 
  • Triggering the Builder’s Remedy, which removes local control 

Chino is working to meet these mandates while preserving the community’s character and has consistently advocated for greater local discretion. The City does not own private property. If a landowner or developer proposes housing that is consistent with state law and local zoning, the City is obligated to process it. 


Claim: “The City hasn’t done anything to push back against the state.” 


Fact: The City of Chino has actively advocated for local control. Over the past several years, the City has: 

  • Submitted formal letters of opposition to housing bills.
  • Adopted resolutions advocating for local land use authority. 
  • Met with state legislators and staff to raise concerns.
  • Sent elected officials to Sacramento to testify.
  • Delayed Housing Element adoption for nearly three years to fight for better outcomes.

While Chino continues to push for reform, the authority to change state housing law rests with the Legislature and Governor—not with cities. 


Claim: “If we fight the state long enough, we’ll get an exemption.” “There’s no real risk in pushing back.” 

 
Fact: Cities that have tried this approach—such as Encinitas, Coronado, and La Cañada Flintridge—were met with: 

  • State and developer lawsuits.
  • Court orders to approve projects. 
  • Loss of grant funding. 
  • Fines of up to $600,000 per month. 
  • Multi-million-dollar legal bills—with no exemptions granted. 

Noncompliance results in greater loss of control, not less. 


Claim: “We’re protecting our City by fighting these laws.”  


Fact: Courts can: 

  • Strip zoning authority through builder’s remedy.* 
  • Order approval of denied housing projects.
  • Impose steep penalties.

Cities that comply with housing laws maintain greater authority over how growth happens. Cities that resist often lose both control and funding—and still end up having to approve the housing. 


 Claim: “The City can stop these housing laws if it really wants to.” 


Fact: The housing mandates that cities must follow are created and enforced by the State of California. Chino cannot opt out. The most effective way to fight for change is to contact your state legislators, who have the power to reform these laws. Chino’s elected officials have urged Sacramento to restore local control-but your voice can make a powerful difference. 

Contact Your State Representatives to encourage them to vote no on laws that remove or limit local control: 

  • Senator Susan Rubio 
  • Assemblymember Michelle Rodriguez 
  • Assemblymember Phillip Chen 


*Glossary of Terms


Builder’s Remedy

 A legal provision in California housing law that removes a City's ability to deny certain housing projects if the City does not have a State-certified Housing Element. 

  • Developers can bypass local zoning if their project includes at least 20% affordable units or is entirely moderate income. 
  • The City cannot reject these projects for not aligning with zoning or the General Plan. 
  • In short: if a City is out of compliance, it loses control over where and how housing is built. 

HCD (California Department of Housing and Community Development)

The State agency that enforces housing laws, reviews Housing Elements, tracks compliance, and can penalize noncompliant cities.

Housing Element 

A required section of a city’s General Plan that outlines how it will meet its RHNA obligation. Must be reviewed and certified by the California Department of Housing and Community Development (HCD). 

  • It includes zoning strategies, available land, and policies to support housing production. 
  • Must be updated every eight years and approved by the California Department of Housing and Community Development (HCD). 
  • Without a compliant Housing Element, cities face penalties and lose certain land-use authorities. 

RHNA (Regional Housing Needs Allocation)

The state-mandated housing quota assigned to every California city for an 8-year period. Chino’s RHNA is 6,978 homes, including units for all income levels.

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Posted on: April 21, 2025 | Last Modified on: April 21, 2025