AB 2511: Land use discrimination prohibited

Amended by AB 2511:

Government Code §65008

A city, county, or other local government agency cannot disapprove a housing development project or condition approval of a housing development project in a way which makes the project infeasible, if the reason for the disapproval or conditional approval includes a prohibited base of discrimination as defined by the Planning and Zoning Law, which now includes persons or families of very low income.

A city, county, or other local government agency cannot deny to any individual/group the enjoyment of residence, landownership, tenancy, or any other land use, or prohibit or discriminate against any residential development or emergency shelter based on an individual/group or the owners/occupants of the residential development or emergency shelter due to their:

lawful occupation;
age;
race;
color;
religion;
sex;
sexual orientation;
marital status;
national origin;
ancestry;
familial status, unless it is for housing for senior citizens;
source of income;
disability; or
any other prohibited basis.

A city, county, or other local government agency cannot discriminate by denying or conditioning a residential development or shelter due to:

the method of financing; or
occupancy by protected classes of people, including those of very low, low, or moderate income.

A city, county, or other local government agency cannot impose different requirements on residential developments for very low, low, moderate, or middle income occupants than those imposed on developments generally.

This is effective January 1, 2007.

Amended by AB 2511:

Government Code §65589.5

A special needs facility includes the following if the facility is licensed and serves seven or more people: