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Every eight years, the Regional Housing Needs Allocation (RHNA) process is used to assign each city and county in California their “fair share” of the region’s new housing units, to make room for future growth and to ease our housing crisis. This process requires all local jurisdictions to create an 8-year plan (known as a Housing Element) to meet the housing needs of their residents, at all income levels. The current RHNA cycle, the state’s 6th, covers the period between January 1, 2023 and December 31, 2031.
All of the jurisdictions in Santa Clara County were certified in 2023 and 2024 (although they all missed the January 31, 2023 deadline). Now the hard work begins, as local jurisdictions implement the programs in this 8-year work plan. Housing Elements lay the foundation and create the conditions for thousands of new homes to be built. How feasible and successful these plans are depends on the involvement of housing advocates like you!
Housing Elements must be certified as compliant with state housing law by the California Department of Housing and Community Development (HCD). HCD can revoke Housing Element compliance if the local government’s actions do not comply with state law. A noncompliant Housing Element exposes cities to the Builder’s Remedy and disqualifies them from certain state and regional funding sources.
Each year in April, cities report their progress to HCD in the Annual Progress Report (APR). The APR covers both the number of homes permitted by income level and progress on the dozens of critical programs that deploy a range of solutions to address the unique housing needs of residents. These programs, done well, create the solid foundation needed to achieve the RHNA. The engagement of advocates with the most impactful programs will be critical to making them work.
In the past, many cities and counties have fallen far short of their RHNA targets, as the Bay Area’s housing crisis continues to grow. In this planning cycle, new laws give HCD additional tools to provide technical assistance and hold jurisdictions accountable to their plans. Housing Element programs must demonstrate a specific, actionable, and measurable plan. The Element must identify enough sites to hold the RHNA, by income level, and create programs that remove barriers to housing production and protect residents vulnerable to displacement. Local jurisdictions must also take significant steps to affirmatively further fair housing (AFFH), addressing racial and economic segregation and disparities in access to resources, and meeting the unique housing needs of residents in protected groups.
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Learn about your city’s Housing Element compliance!
| Jurisdiction | Compliant? | Date Certified | 2024 Annual Progress Report |
| Campbell | YES | 5/30/2023 | |
| Cupertino | YES | 9/4/2024 | YES |
| Gilroy | YES | 8/21/2023 | YES |
| Los Altos | YES | 9/5/2023 | YES |
| Los Altos Hills | YES | 5/30/2023 | |
| Los Gatos | YES | 7/10/2024 | YES |
| Milpitas | YES | 5/17/2023 | |
| Monte Sereno | YES | 7/5/2024 | YES |
| Morgan Hill | YES | 9/29/2023 | YES |
| Mountain View | YES | 5/26/2023 | YES |
| Palo Alto | YES | 8/20/2024 | YES |
| San Jose | YES | 1/29/2024 | |
| Santa Clara | YES | 5/31/2024 | YES |
| Unincorporated Santa Clara County | YES | 2/5/2025 | YES |
| Saratoga | YES | 7/8/2024 | YES |
| Sunnyvale | YES | 3/6/2024 | YES |
What’s happening now in your city? Click to find out.
Campbell – Certified Compliant Housing Element
May 30, 2023: The City of Campbell earned Housing Element Certification from HCD! HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Campbell must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources. Campbell has 3 years to complete their Housing Element rezoning (by January 31, 2026).
Contact Stephen Rose at City of Campbell at stephenr@campbellca.gov
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Campbell.
Cupertino – Certified Compliant Housing Element
On September 4, 2024 the City of Cupertino received a letter from HCD notifying them that their draft Housing Element was compliant with state law once rezoning commitments were met in June 2024. The certification letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Cupertino must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact Piu Ghosh at City of Cupertino at planning@cupertino.gov
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Cupertino.
Gilroy – Certified Compliant Housing Element
August 21, 2023: The City of Gilroy has received HCD certification of its Housing Element! HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Gilroy must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources. Since Gilroy earned certification after the May 31, 2023 deadline, they were required to complete rezoning associated with their Housing Element by January 31, 2024.
Contact Sharon Goei at City of Gilroy at sharon.goei@cityofgilroy.org
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Gilroy.
Los Altos – Certified Compliant Housing Element
September 5, 2023: The City of Los Altos has received HCD certification of its Housing Element! HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Los Altos must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources. Since Los Altos earned certification after the May 31, 2023 deadline, they were required to complete rezoning associated with their Housing Element by January 31, 2024.
Contact Monica Gallardo-Melkesian at City of Los Altos at mgallardo@losaltoca.gov
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Los Altos.
Los Gatos – Certified Compliant Housing Element
On July 10, 2024, the Town of Los Gatos received HCD certification of its Housing Element. Since the deadline for certification passed January 31, 2023, the Town was required to complete all rezoning associated with the Housing Element before certification. HCD’s letter points out that “the Town must continue timely and effective implementation of all programs”- as with every jurisdiction, Los Gatos must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact staff at the Town of Los Gatos using this form.
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Los Gatos.
Milpitas – Certified Compliant Housing Element
May 17, 2023: The City of Milpitas became the first jurisdiction in Santa Clara County and the 18th in the Bay Area region to earn Housing Element Certification from HCD! HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Milpitas must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources. Milpitas has 3 years to complete their Housing Element rezoning (by January 31, 2026).
Milpitas was only the 18th of the Bay Area’s 109 jurisdictions to have adopted a Housing Element that HCD has deemed compliant with state law, despite the January 31, 2023 deadline to do so.
Contact city staff at housingelement@ci.milpitas.ca.gov
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Milpitas.
Morgan Hill – Certified Compliant Housing Element
November 29, 2023: Morgan Hill received a letter from HCD certifying their Housing Element as compliant with state law. HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Morgan Hill must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources. Since Morgan Hill earned certification after the May 31, 2023 deadline, they were required to complete rezoning associated with their Housing Element by January 31, 2024.
Contact Adam Paskowski at City of Morgan Hill at adam.paszkowski@morganhill.ca.gov.
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Morgan Hill.
Mountain View – Certified Compliant Housing Element
May 26, 2023: The City of Mountain View became the second jurisdiction in Santa Clara County, after Milpitas, to earn Housing Element Certification from HCD! HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Mountain View must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources. Mountain View has 3 years to complete their Housing Element rezoning (by January 31, 2026).
Contact Mathew Reed at City of Mountain View at Mathew.Reed@mountainview.gov
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Mountain View.
Palo Alto – Certified Compliant Housing Element
August 20, 2024: Palo Alto’s Housing Element was certified by HCD with a letter that points out that the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Palo Alto must keep the commitments they have made in the Housing Element. Since the deadline for certification passed January 31, 2023, the City was required to complete all rezoning associated with the Housing Element before certification. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact Jonathon Lait at City of Palo Alto at Jonathan.Lait@CityofPaloAlto.org
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Palo Alto.
San Jose – Certified Compliant Housing Element
On January 29, 2024 the City of San Jose received a letter from HCD certifying its adopted Housing Element and commending the collaborative work of city staff and community stakeholders in refining a robust set of policy commitments. HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, San Jose must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact city staff at HousingElement@sanjoseca.gov.
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for San Jose.
Santa Clara – Certified Compliant Housing Element
On May 31, 2024, the City of Santa Clara received a letter from HCD notifying them that their draft Housing Element has been certified as compliant with state law. HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Santa Clara must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact John Davidson at City of Santa Clara at JDavidson@SantaClaraCA.gov
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Santa Clara.
Unincorporated Santa Clara County – Certified Compliant Housing Element
February 5, 2025: Santa Clara County’s Housing Element was certified as compliant with state law in a letter from HCD. HCD’s letter points out that “the County must continue timely and effective implementation of all programs”- as with every jurisdiction, Santa Clara County must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact Michael Meehan at Santa Clara County at Planning2@pln.sccgov.org
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Unincorporated Santa Clara County.
Saratoga – Certified Compliant Housing Element
July 8, 2024: Saratoga’s Housing Element was certified as compliant with state law in a letter from HCD. HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Saratoga must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact Bryan Swanson at the City of Saratoga at bswanson@saratoga.ca.us
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Saratoga.
Sunnyvale – Certified Compliant Housing Element
March 6, 2024: The California Department of Housing and Community Development (HCD) sent a letter certifying Sunnyvale’s Housing Element as compliant with state law. HCD’s letter points out that “the City must continue timely and effective implementation of all programs”- as with every jurisdiction, Sunnyvale must keep the commitments they have made in the Housing Element. With a compliant housing element, the City now meets housing element requirements for competitive State and regional funding sources.
Contact Ryan Dyson at City of Sunnyvale at rdyson@sunnyvale.ca.gov
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). Here is the data packet for Sunnyvale.
Preparing for the next Housing Element
The process for the 7th cycle Housing Element, which will cover 2032-2039, will begin soon! The materials here can help you prepare.
Housing advocates– making change happen
Advocates have a critical role in how the state is holding cities accountable for creating Housing Elements that effectively address their communities’ housing needs, and whether the polices in the Element create the change our communities need. Watch Making Housing Elements Work through State Enforcement to learn more.
Planning cycles hold unique promise for real progress on affordable housing- if cities follow through. Housing Elements are critically important to meeting the housing needs of all their residents, at all income levels. Learn about the opportunity ahead, and how to realize the potential of housing elements to meet the housing needs of all our communities! Watch The Next 8 Years: Keeping Housing Elements’ Promises to learn more.
Housing Elements and Schools
Lower-income families are being pushed out of our communities by the high cost of housing, impacting school enrollment, because there is not enough housing affordable to families – especially those with younger children. Decisions the city makes around housing policy and land use, which enable or constrain the production of an adequate supply of housing, have a significant impact on our school communities. Did you know declining enrollment is causing budget deficits and school closures? Learn more about what’s happening in your local community. Then find out how housing can help!
Housing Element Policies
Policies to consider in your advocacy
One request we’ve heard from you is for a list of suggested policies you can advocate to be included in your city’s Housing Element. It’s important to note that Housing Element Policies & Programs must be responsive to the housing needs and barriers identified in the Housing Needs Assessment, Assessment of Fair Housing, Assessment of Constraints, and Evaluation of Past Housing Element Policy Performance. HCD will not accept Policies & Programs that are untethered from identified needs and barriers.
As part of HCD’s guidance memo on Affirmatively Furthering Fair Housing, they have released a list of Examples of Affirmatively Furthering Fair Housing Actions. This is a great place to look for policy solutions responsive to your community’s housing needs! Suggested policies center on:
- Housing Mobility Strategies: removing barriers to housing in areas of opportunity and strategically enhancing access
- New Housing Choices and Affordability in Areas of Opportunity: promoting housing supply, choices and affordability in areas of high opportunity, outside areas of concentrated poverty
- Place-based Strategies to Encourage Community Conservation and Revitalization: conserving and improving assets in areas of lower opportunity and concentrated poverty such as targeted investment in neighborhood revitalization, preserving or rehabilitating existing affordable housing, improving infrastructure, schools, employment, parks, transportation and other community amenities
- Protecting Existing Residents from Displacement: protecting residents in areas of lower or moderate opportunity and concentrated poverty and preserving housing choices and affordability
Affordable housing production faces many challenges, including higher costs of development and shortages of funding for state and federal affordable housing programs. As part of the housing element, cities are required to identify barriers to production, both governmental (such as lengthy approval processes and large fees) and nongovernmental (such as opposition from existing residents), and find ways to help overcome them. While many cities have little money earmarked to directly support affordable housing, there are actions they can take and policies they can put in place that reduce costs for developers of affordable housing. Our partners at MidPen Housing have developed a fantastic set of best practices aimed at increasing production, with case studies as examples from previous planning cycles. Not only are these great policies, but the case studies can help you and your city understand the potential unlocked by including these policies in the Housing Element!
Housing Element Laws
New Laws Impacting Housing Elements
This time around, there have been changes in the process and housing law that will make this a lot more challenging for city staff than it has been in the past. Staff, consultants, and council will need more support. In addition to much bigger housing targets:
- Staff will have to plan for units and affordability. They’ll have to identify which sites in the site inventory will hold their low-income housing units, and show that development and site capacity is feasible
- The No Net Loss law means that Staff will have to overplan. If any site is developed with fewer units or higher affordability than it was planned for, there has to always be enough planned capacity to hold whatever is left of the RHNA
- They have to affirmatively further fair housing, and show that lower-income sites are located equitably in the city.
- HCD can now monitor, enforce, and de-certify cities’ housing elements mid-cycle, and if that happens, anything with at least 20% affordability becomes by-right
Staff and councils will need to have a clear-eyed view of their challenges and obligations, and they’re likely to face a lot of opposition from residents. Housing advocates will need to be involved at every step of the process with staff, consultants, and council to make sure we have good, compliant Housing Elements with as strong a chance as possible for success. Learn more about New Laws Impacting the Housing Element.
Understanding Affirmatively Furthering Fair Housing
New to this planning cycle, local jurisdictions must demonstrate that they are using their Housing Element to combat discrimination, overcome existing patterns of segregation, and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics such as race and ethnicity. HCD has recently released comprehensive guidance on how cities must incorporate the law, known as Affirmatively Furthering Fair Housing (AFFH), into their Housing Element. Read a summary of HCD’s comments to jurisdictions on AFFH in Housing Elements.
Using fair housing metrics to allocate the Bay Area’s total housing need will help advance the AFFH mandate and create housing opportunities in resource-rich communities, many of which have a legacy of exclusion that must be overcome. Promoting greater housing opportunities in these neighborhoods helps advance regional priorities such as economic mobility, public health, and improved educational outcomes. This metric should be used to choose sites for all income levels, not just the low-income share of housing need, to ensure that more housing of all types is built where it is needed most. In this way, allocation based on access to high opportunity areas can also advance the requirement to increase housing supply & mix of housing types across all jurisdictions in an equitable way.
An easy way for advocates to check to see if housing of all income levels is distributed equitable throughout the community is to find sites in the Housing Element Site Inventory on the State’s Opportunity Maps. Planning lower-income homes for high-resource areas also helps them qualify for important access to LIHTC financing.
Housing Element Sites Inventories
What makes a site unrealistic? AKA “Ground Truthing for Busy People”
Sometimes cities choose sites to accommodate their RHNA that are unlikely to be developed- sometimes unlikely for very obvious reasons! Whether the bad sites are chosen in honest error or ill intent, they will not lead to the construction of housing and are not in compliance with the law. Once your city begins to choose sites for the inventory, you can easily use Google Maps and Street View to see what’s happening at these sites- and often catch errors. Check out the sites a housing advocate found in San Diego’s Housing Element site inventory, as well as an explanation of why each site is unlikely to be developed! If you need to search for a site address by Assessor Parcel Number (APN), you can use the search function in this map from the Santa Clara County’s Department of Planning and Development– just choose APN from the dropdown menu in the search box at the top right corner.
Deep Dive: An Explainer & Audit Tool for the Housing Element (YIMBY)
This Explainer – which we call the “HEAT Sheet” – outlines several key topics of housing elements which carry legal weight and are top priority for housing advocates. Housing elements are both analytical and programmatic documents. The analytical side is supposed to reveal problems with the city’s housing stock and housing policies. The programmatic side is supposed to commit the city to fixing those problems in specific ways. A housing element must show how the city will accommodate its share of regional housing need allocation (“RHNA”) in each of four income categories: housing for very low-income, low-income, moderate-income, and above moderate-income households. A housing element must also affirmatively further fair housing, opening up neighborhoods from which lower-income and minority households have historically been excluded. Last, a housing element must mitigate or remove constraints to the development of housing at all levels of affordability.
Ready for a deep dive? Our friends at the Campaign for Fair Housing Elements have curated an incredible Resource Library with explainers, legislation memos, data, and more!
You can also register with them to receive updates on Housing Element actions happening in your city!
How To: Housing Element Resources
Talking about the Housing Element
Housing Elements can be a complicated, intimidating process — but with the right messaging, we can help break down barriers and motivate residents and advocates to get involved and shape better policy. Join NPH with M+R Communications for a presentation that will lay out an approach for what to say and how to say it to bring people in, communicate the essentials, and get them engaged in the process. View the recorded training and slide deck here!
How to Give Public Comments for Fair Housing Elements (YIMBY)
New to giving public comment in support of housing at meetings? This helpful guide from CA YIMBY gives you specific examples on what to say by topic, including housing for racial equity, housing for economic opportunity, and housing for sustainable communities. This is a great way to get engaged quickly!
Advocacy Letter Templates
Don’t have time to write a letter? Start with one of these template letters and just fill in a few blanks! (Open the link, the click File> Download, or simply copy and paste into your own document to edit.)
“Diligent and Equitable Outreach to Affirmatively Further Fair Housing” letter template
“Fair and Equitable Housing Elements” letter template (Campaign for Fair Housing Elements)
“Housing Element Priorities” letter template
“Disability-Inclusive Housing” letter template (Campaign for Fair Housing Elements)
Housing Needs Analysis by Jurisdiction
State law requires local jurisdictions to analyze their communities’ housing needs and resources available to address them. ABAG/MTC has compiled demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction so that local planning staff can focus on developing meaningful policies and programs. The data packets include some data related to the state’s requirement to Affirmatively Further Fair Housing (AFFH). You can also find concise summaries of some key local housing data for each jurisdiction in Santa Clara County on SV@Home’s City Pages.