The San Francisco Housing Element is the city’s state-required eight-year plan for accommodating 82,069 new homes between January 2023 and January 2031. Adopted in January 2023 and certified by the California Department of Housing and Community Development (HCD) the following month, it is a legally binding component of the city’s General Plan. If San Francisco fails to meet the commitments inside it, the city can lose control over its own zoning and permitting.1San Francisco Planning. Housing Element: Goals, Objectives and Policies
A State-Mandated Plan Inside the General Plan
California requires every city and county to update its housing element every eight years. It sits alongside other General Plan elements covering transportation, open space, and community safety, but it draws far more state scrutiny than any of them. HCD reviews the document for compliance with state law and must formally certify it before the city gets credit for having a valid plan in place.1San Francisco Planning. Housing Element: Goals, Objectives and Policies
Governor Newsom announced certification of San Francisco’s plan in February 2023, and the certification came with conditions. HCD set a midterm benchmark requiring the city to permit at least 29,000 homes within four years. If the city falls short of that number, it pledged to immediately rezone additional sites. If production of lower-income housing specifically lags, the city committed to rezoning sites adequate for those income levels.2Office of Governor Gavin Newsom. Governor Newsom Announces Certification of San Francisco’s Plan for 82,000 Homes in the Next Eight Years This is the first San Francisco housing element organized around racial and social equity, and it triggered the largest rezoning effort in the city’s history.
The 82,069-Unit Target
The target comes from the Regional Housing Needs Allocation (RHNA) process. The state determines how many homes the entire Bay Area needs, and the Association of Bay Area Governments divides that number among individual cities. For the current cycle, the Bay Area’s total regional need is 441,176 units.3San Francisco Planning Department. Regional Housing Need Allocation Primer
San Francisco’s 82,069 units split into four income bands based on Area Median Income (AMI):
- Very low income, up to 50% AMI: 25,534 units
- Low income, 51–80% AMI: 14,707 units
- Moderate income, 81–120% AMI: 13,951 units
- Above moderate income, over 120% AMI: 27,877 units
The allocation is set under Government Code Section 65584, which factors in projected growth and existing unmet need.4Association of Bay Area Governments. Final Regional Housing Needs Allocation Plan: San Francisco Bay Area, 2023-2031 An important distinction: RHNA does not require the city to build these units. It requires the city to prove it has zoned enough land at appropriate densities for the private market to build them.
How the City Proves the Land Is Available
To show it can accommodate 82,069 units, the city must maintain a detailed inventory of specific parcels where housing could realistically be built within the eight-year window. Gesturing at vacant lots on a map is not enough. Government Code Section 65583.2 requires real evidence for each site.5California Legislative Information. California Government Code 65583.2
For every parcel, the city evaluates lot size, existing structures, access to water and sewer infrastructure, and proximity to transit. For sites with buildings already on them, officials must explain why redevelopment is likely, looking at whether the current use is underperforming relative to zoning, whether the property has recently changed hands, and whether similar nearby parcels have already been redeveloped. Each site must also meet minimum density thresholds. If a parcel is counted toward the lower-income target, the density must be high enough that affordable development pencils out.
The inventory is not a one-time exercise. Under the No Net Loss rule in Government Code Section 65863, if the city approves a project on an inventoried site at a lower density than planned, or removes a site from the inventory for any reason, it has 180 days to identify replacement sites so total capacity does not drop below the RHNA target.6California Legislative Information. California Government Code 65863
The Rezoning the Plan Forced
The site inventory only works if the zoning actually permits the density those sites need. For much of San Francisco’s west and north sides it did not. Neighborhoods like the Sunset, Richmond, and West Portal were zoned for low-density single-family homes, making it legally impossible to build the mid-rise housing the RHNA numbers require. The Family Zoning Plan is the city’s answer to that gap.
Mayor Lurie signed the Family Zoning Plan into law on December 12, 2025, and its ordinances took effect on January 12, 2026. State law gave San Francisco until January 31, 2026, to complete all required rezoning, and missing that deadline would have exposed the city to revocation of its housing element certification and a referral to the Attorney General.7SF Planning. San Francisco Family Zoning Plan
The plan concentrates its most significant changes along commercial corridors and transit lines. Heights along major corridors generally rise to 65–85 feet, roughly six to eight stories, with high-rise development of nine or more stories permitted at key intersections and transit hubs. On residential side streets, density restrictions are removed so owners can add units within existing height limits of about 40 feet. Corner lots and parcels over 8,000 square feet can reach six stories.
Why the Changes Focus on West and North Side Neighborhoods
Assembly Bill 686 added a requirement that goes beyond standard anti-discrimination law. Rather than simply prohibiting discriminatory zoning, it requires cities to take affirmative steps to undo patterns of segregation through their housing elements. HCD describes the goal as fostering inclusive communities, achieving racial equity, and expanding fair housing choice.8California Department of Housing and Community Development. Affirmatively Furthering Fair Housing
In practice, the San Francisco Housing Element has to include an assessment identifying where segregation, concentrated poverty, and disparities in access to opportunity exist, and specific programs that direct affordable housing investment toward high-resource neighborhoods rather than areas already disproportionately low-income. The Family Zoning Plan concentrates new capacity in state-designated “Housing Opportunity Areas” with higher median incomes, better school performance, more park access, and fewer environmental hazards.9SF.gov. Family Zoning Plan: Economic Impact Report
State Laws That Limit How the City Can Say No
The Housing Element does not operate alone. Two state statutes do a great deal of the enforcement work when individual projects come in.
The Housing Accountability Act
Government Code Section 65589.5 makes it state policy that local governments should not reject or make infeasible housing projects that help meet regional needs without thorough written analysis. For projects serving very low-, low-, or moderate-income households, the bar for denial is especially high. A city can reject such a project only if it finds, based on a preponderance of evidence, that the project would cause a specific, quantifiable adverse impact on public health or safety with no feasible way to mitigate it. Vague concerns about neighborhood character or traffic do not clear that bar.10California Legislative Information. California Government Code 65589.5
The Density Bonus Law
Government Code Section 65915 gives developers a right to build more units than local zoning would otherwise allow when they include affordable housing. Reserving 10% of units for low-income households earns a 20% density bonus; the bonus scales up to 50% for projects reserving 24% of units for low-income households or 15% for very low-income households. For projects near major transit stops that set aside a higher share for lower-income residents, the city cannot impose any maximum density limit at all.11California Legislative Information. California Government Code 65915
Annual Reporting Keeps the City on the Hook
Certification is not a finish line. Every year by April 1, the city must file an Annual Progress Report with HCD documenting applications received, units approved or denied by income category, and building permits issued. The report also tracks progress on the rezoning commitments. Government Code Section 65400 requires the city to present the report at a public meeting where residents can comment.12California Legislative Information. California Government Code 65400
HCD uses these reports to monitor pace. The key benchmark is issued building permits, not completed construction, because permits represent legally authorized housing capacity entering the pipeline. HCD’s APR dashboard publishes this data for every jurisdiction in the state.13California Department of Housing and Community Development. Annual Progress Reports – Data Dashboard and Downloads
What Happens if San Francisco Falls Behind
The consequences of noncompliance are stacked and escalating, which is why the city pushed to complete the Family Zoning Plan before the January 2026 deadline.
Revocation of Certification
HCD can revoke a city’s housing element certification if it finds the city has failed to implement required programs, and it can refer a noncompliant city to the Attorney General for enforcement action.14Association of Bay Area Governments. Timing Requirements for Adoption of the Housing Element and Rezoning
Builder’s Remedy
When a city lacks a compliant housing element, developers can invoke the Builder’s Remedy under Government Code Section 65589.5. A Builder’s Remedy project can substantially exceed normal zoning density limits. The statute allows densities up to three times what the general plan permits, or 50% above the minimum density deemed appropriate for the jurisdiction, whichever is greater. Near major transit stops, an additional 35 units per acre on top of that maximum is allowed. The city cannot deny these projects as long as they include 20% of units for lower-income households, or dedicate all units to moderate- or middle-income households.10California Legislative Information. California Government Code 65589.5
Loss of Funding and Permitting Authority
A noncompliant city loses eligibility for a long list of state housing and infrastructure programs, including Permanent Local Housing Allocation funds, Affordable Housing and Sustainable Communities grants, CalHOME Program funds, and regional transportation grants. Courts can also suspend a noncompliant city’s authority to issue building permits, approve zoning changes, or grant subdivision approvals. In extreme cases, courts have appointed agents to exercise a city’s planning powers on its behalf until the housing element is brought into compliance.15Association of Bay Area Governments. Housing Element Compliance One Pager
The financial exposure grows over time. Courts can multiply penalties by a factor of six for jurisdictions that remain out of compliance, and cities that lose or settle housing element lawsuits typically pay the plaintiff’s attorney fees on top of their own legal costs.