Calif. Land Preservation Effort Hinders Housing, Atty Says

West Coast Land Use and Environmental Group Leader Jennifer Hernandez was featured in a Q&A with Law360 examining how California's approach to land preservation has exacerbated the state's housing crisis. Among the areas of focus in the questions were urban infill housing and transit-oriented development; Ms. Hernandez explained that the California Legislature has passed laws encouraging density in small rental apartments, which has reduced affordable housing options, and expressed concerns about the lack of transit connecting people to jobs, which would achieve greenhouse gas emissions and traffic reduction goals while still providing individuals with reliable transportation. She also talked about the lack of land development in California – 6 percent compared to around 15 percent for most other states – that furthers the housing shortage, as well as elaborated on how other California Air Resources Board (CARB) policies have led to a flat housing production rate and increased land prices. Finally, she shared her thoughts on what effective housing legislation looks like.

"What I'm looking for is a climate-driven policy choice out of the legislature that says, as the legislature has already acknowledged, that keeping people in California is really good climate policy, because if they move to other states, they have higher greenhouse gas emissions per capita," she said. "And so my goal is that projects in housing elements or sustainable community strategies should be allowed to be built as-of-right."

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