SB 8 Determinations

April 1st, 2024 | Partners, Developers, Developer Resources| Wordpress Manager

REPLACEMENT UNIT DETERMINATION – HOUSING CRISIS ACT OF 2019 (as amended by SB 8 and AB 1218)

The Housing Crisis Act of 2019 (HCA), as amended by SB 8 and AB 1218 (California Government Code Section 66300 et seq.), prohibits the approval of any proposed development project (“Project”) on a site (“Property”) that will require demolition of existing residential dwelling units, or occupied or vacant “Protected Units,” unless the Project replaces those units as specified below. The replacement requirements below apply to the following projects:

Discretionary Housing Development Projects that receive final approval from Los Angeles City Planning (LACP) on or after January 1, 2022, or any Development Project (residential or commercial) that receives final approval from LACP on or after January 1, 2024;
Ministerial On-Menu Density Bonus, SB 35, and AB 2162 Housing Development Projects that submit an application to LACP on or after January 1, 2022, or any Development Project (residential or commercial) that submits an application to LACP on or after January 1, 2024;
Ministerial Housing Development Projects that submit a complete set of plans to the Los Angeles Department of Building & Safety (LADBS) for Plan Check and permit on or after January 1, 2022, or any Development Project (residential or commercial) that submits a complete set of plans to LADBS for Plan Check and permit on or after January 1, 2024.

SB 8 Application

HE Application

CCWSP Application

Tenant Information Table

SB 8 RUD Info Sheet

ED 1 Implementation Guidelines

ED 1 Property Owner Declaration of Eligibility

Documents Needed for Income Certification

SB 8 Tenant Income Certification Form

SB 8 Tenant Income Certification Form (Spanish)

SB 8 Tenant Income Certification – Frequently Asked Questions

SB 8 Tenant Income Certification – Frequently Asked Questions (Spanish)

Declaration of No Affordable Protected Units (One Owner)

Declaration of No Affordable Protected Units (More Than One Owner)

Please note: There is an application fee of $1,027 per unit, or per single family dwelling. For projects that contain multiple vacant lots or commercial properties, a flat fee of $1,027 will apply instead.

REPLACEMENT OF EXISTING RESIDENTIAL DWELLING UNITS

The proposed housing development project shall provide at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the past 5 years.

REPLACEMENT OF EXISTING OR DEMOLISHED PROTECTED UNITS

The Project must also replace all existing or demolished “Protected Units” except for “Protected Units” demolished prior to January 1, 2020. Protected Units are residential dwelling units on the Property that are, or were, within the five (5) years prior to the owner’s application for a RUD (referred to as the “five year lookback period”): (1) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income, (2) subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five (5) years (3) occupied by lower or very low income households (an affordable Protected Unit), or (4) that were withdrawn from rent or lease per the Ellis Act, within the past ten (10) years.