Civil actions: housing development projects.

Plain English Breakdown

The official source material does not provide details on how the increased financial limit will be enforced, nor does it specify changes beyond increasing liability limits and expanding protections.

Housing Development Project Protection

The bill increases the financial limit for security required from plaintiffs challenging housing development projects and extends protections to priority care developments.

What This Bill Does

• Increases the maximum amount a plaintiff must provide as security in civil actions against housing development projects that meet low- or moderate-income requirements from $500,000 to $1,000,000.
• Extends protections to priority care developments that offer supportive housing and behavioral health services.

Who It Names or Affects

• People who want to challenge housing development projects through legal action
• Developers of low- or moderate-income housing projects
• Entities involved in priority care developments

Terms To Know

Priority Housing Development Project

A project that meets specific requirements for providing affordable housing.

Undertaking

Money or other security a plaintiff must provide to cover potential costs and damages if their legal action is unsuccessful.

Limits and Unknowns

• The bill does not specify how the increased financial limit will be enforced.
• It's unclear what specific changes, if any, this bill will make to existing laws beyond increasing liability limits and expanding protections.

Official Summary Text

SB 1344, as amended, Cabaldon.
Civil actions: housing development projects.
Existing law provides that in a civil action brought by a plaintiff to challenge a housing development project that meets or exceeds the requirements for low- or moderate-income housing, a defendant may seek an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant if the bringing of the action would result in preventing or delaying the project, as specified.
Existing law limits the liability of the plaintiff who must furnish the undertaking to $500,000. Existing law also permits a defendant in a civil action challenging the approval or permitting of a priority housing development project, as defined, to bring a special motion to strike the pleading. Existing law requires the court to deny the motion to strike if the court
determines, based on the pleadings, affidavits, and administrative record if applicable, that the plaintiff has established a probability of prevailing on the claim.
This bill would increase the above-referenced liability limit to $1,000,000. The bill would also generally apply the above provisions to priority care developments, as defined, that provide supportive housing or other housing assistance in connection with behavioral health services and other specified purposes.
This bill would make a nonsubstantive change to that provision.

Current Bill Text

Download Bill PDF