CA AB1886

Establishes that a housing element or amendment is considered in substantial compliance with state law only when the Department of Housing and Community Development or a court determines it compliant, and that determination has not been superseded by contrary findings or court decisions.

Prohibits local agencies from self-certifying housing element compliance; only the state department or courts can make substantial compliance determinations.

Requires housing elements to be evaluated for substantial compliance as of the date a preliminary application or complete application was submitted for a housing development project, not at later dates.

Clarifies that these provisions are declaratory of existing law and do not change the interpretation of "substantial compliance" standards established in the 1984 Housing Element Law.

Ratifies the Department of Housing and Community Development's March 16, 2023 regulatory interpretation that jurisdictions cannot unilaterally determine housing element compliance.