SB 728

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 19, 2021
  • Senate
  • Assembly
  • Governor

Density Bonus Law: purchase of density bonus units by nonprofit housing organizations.


Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, specified percentages of units for moderate-income or, lower, or very low income households and meets other requirements. Existing law requires the developer and the city or county to ensure that the initial occupant of a for-sale unit that qualified the developer for the award of the density bonus is a person or family of very low, low, or moderate income. Existing law requires the Department of Housing and Community Development to notify a city or county, and authorizes the department to notify the Attorney General, that the city or county has taken an action that violates specified provisions of law, including the Density Bonus Law. Existing law authorizes the Attorney General to seek all remedies available under law. This bill, as an alternative to ensuring that the initial occupant of a for-sale unit is a person or family of the required income, would authorize the developer and the city or county to ensure that a qualified nonprofit housing organization, as defined, purchases the unit pursuant to a specified recorded contract that includes an affordability restriction, an equity sharing agreement, and a repurchase option that requires a subsequent purchaser that desires to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property. By imposing these requirements on local agencies with respect to density bonuses, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (1)


No votes to display


Mar 26, 2021


Set for hearing April 29.

Mar 18, 2021


Re-referred to Com. on HOUSING.

  • Referral-Committee
Com. on HOUSING.

Mar 10, 2021


From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Mar 03, 2021


Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 22, 2021


(Ayes 32. Noes 4.)


Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)


From printer. May be acted upon on or after March 24.


Read first time.


Art. IV. Sec. 8(a) of the Constitution dispensed with.

Feb 19, 2021


Introduced. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
02/19/21 - Introduced PDF
03/10/21 - Amended Senate PDF

Related Documents

Document Format
No related documents.


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