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Written Notification of Inconsistency

Housing Accountability Act Technical Assistance Advisory · 2026 edition · updated 2026-09-25 · California

Government Code, § 65589.5, subdivision (j)(2)

If a local government considers a proposed housing development project to be inconsistent, non-compliant, or not in conformity with any applicable plan, program, policy, ordinance, standard, requirement, or other similar provision, the local government must provide written notification and documentation of the inconsistency, noncompliance, or inconformity. This requirement applies to all housing development projects, regardless of affordability level. The documentation must:

  • Identify the specific provision or provisions and provide an explanation of the reason or reasons why the local agency considers the housing development to be inconsistent, noncompliant, or non-conformant with identified provisions.

  • Be provided to the applicant within 30 days of a project application being deemed complete for projects containing 150 or fewer housing units.

  • Be provided to the applicant within 60 days of a project application being deemed complete for projects containing over 150 units.

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Housing Accountability Act Technical Assistance Advisory

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