Housing Crisis Act and Section 317.2 Housing Replacement and Existing Occupant Protections Matrix
The following matrix lists development project and tenancy scenarios to show how they would shape housing replacement and tenant protection outcomes. Under state law, all projects must create at least as many housing units as will be demolished, regardless of protected status. Housing units, including protected units, are replaced as shown below. Existing buildings may have units that fall under more than one category on the table; each unit's most restrictive protected status will determine the replacement requirement, and the most restrictive requirement will apply. All replacement units must be Comparable units, and are required to provide same number of bedrooms, full bathrooms, and at least 90% of square footage as the existing unit. The Comprehensive Housing Affordability Strategy (CHAS) data is used to establish how many units need to be replaced as affordable when tenant incomes are unknown. Currently, the CHAS requires that 51% of the replacement units must be provided as affordable units. This data is produced by the U.S. Census periodically.
This matrix is for informational purposes only and may not cover all situations. Please contact us with questions on how these controls will be applied to specific projects.
Protected Units: Units Occupied by Lower-Income Households
| Project Scenarios | Replacement Requirements | Tenant Protection Requirements | ||||
|---|---|---|---|---|---|---|
| Tenancy of Existing Unit | Proposed Development | Number of Rent-Controlled Replacement Units | Number of Deed-Restricted Affordable Replacement Units | Right of First Refusal | Right to Remain | Relocation Benefits |
| Lower-income tenant in single-family dwelling | Single-family dwelling | 0 | 1 | No | Yes (3 months prior) | Ellis Act relocation payments plus additional relocation benefits |
| Lower-income tenant in any unit type | Multifamily housing (rental or ownership) | 0 | Same number of Protected Units that are demolished | Yes (prior rental rate or affordable rent, or affordable cost) | Yes (3 months prior) | Ellis Act relocation payments plus additional relocation benefits |
Protected Units: Rent-Controlled Units
| Project Scenarios | Replacement Requirements | Tenant Protection Requirements | ||||
|---|---|---|---|---|---|---|
| Tenancy of Existing Unit | Proposed Development | Number of Rent-Controlled Replacement Units | Number of Deed-Restricted Affordable Replacement Units | Right of First Refusal | Right to Remain | Relocation Benefits |
| Above-lower-income tenant | Multifamily housing (rental) | Same number of Protected Units that are demolished | 0 | Yes (market rate) | Yes (6 months prior) | Ellis Act relocation payments |
| Above-lower-income tenant | Multifamily housing (ownership) | 0 | Same number of Protected Units that are demolished | No | Yes (6 months prior) | Ellis Act relocation payments |
| Owner-occupied or no occupancy in past 5 years | Multifamily housing (rental) | Same number of Protected Units that are demolished | 0 | N/A | N/A | N/A |
| Owner-occupied or no occupancy in past 5 years | Multifamily housing (ownership) | 0 | Same number of Protected Units that are demolished | N/A | N/A | N/A |
Single-Family Homes
| Project Scenarios | Replacement Requirements | Tenant Protection Requirements | ||||
|---|---|---|---|---|---|---|
| Tenancy of Existing Unit | Proposed Development | Number of Rent-Controlled Replacement Units | Number of Deed-Restricted Affordable Replacement Units | Right of First Refusal | Right to Remain | Relocation Benefits |
| Above-lower-income tenant | Single-family dwelling or multifamily housing (rental or ownership) | 0 | 0 | No | Yes (6 months prior) | Ellis Act relocation payments |
| Owner occupied or no occupancy in the past 5 years | Single-family dwelling or multifamily housing (rental or ownership) | 0 | 0 | N/A | N/A | N/A |
| Tenant occupied within the last five years, but income of tenant(s) is unknown | Multifamily housing (rental or ownership) | 0 | Application of current CHAS ratio will determine the required % of deed-restricted affordable replacement units | N/A | Yes (6 months prior) | Ellis Act relocation payments |
Other Multifamily Units
| Project Scenarios | Replacement Requirements | Tenant Protection Requirements | ||||
|---|---|---|---|---|---|---|
| Tenancy of Existing Unit | Proposed Development | Number of Rent-Controlled Replacement Units | Number of Deed-Restricted Affordable Replacement Units | Right of First Refusal | Right to Remain | Relocation Benefits |
| Above-lower-income tenant | Multifamily housing (rental or ownership) | 0 | 0 | No | Yes (6 months prior) | Ellis Act relocation payments |
| Tenant occupied within the last five years, but income of tenant(s) is unknown | Multifamily housing (rental or ownership) | Replacement units remaining after CHAS applied will be market rate units | Application of current CHAS ratio will determine the required % of deed-restricted affordable replacement units | N/A | Yes (6 months prior) | Ellis Act relocation payments |
| No occupancy in the past 5 years | Multifamily housing (rental or ownership) | 0 | 0 | N/A | N/A | N/A |