What the housing element is
State law requires every city to plan for its share of the region's housing need and to list sites that can hold it. Los Angeles's 2021–2029 Housing Element, adopted November 24, 2021, plans for 456,643 homes. Where the City didn't have enough land zoned for lower-income housing, it had to rezone, and state law (Gov. Code § 65583.2) requires those sites, and sites carried over from earlier cycles, to allow lower-income housing by right.
The by-right rule: 20% lower-income homes
LA put that requirement into its code as LAMC 16.70, adopted with the Citywide Housing Incentive Program (CHIP) and in effect since February 11, 2025. On two kinds of sites, a project with at least 20% of its homes affordable to lower-income households is approved ministerially:
- Prior Housing Element Sites: parcels listed in earlier housing element cycles.
- Lower Income Rezoning Housing Element Sites: parcels the City rezoned to meet its lower-income need.
The 20% can mix income levels. The ordinance relies on the state definition of lower-income households, which includes very low and extremely low income, so any mix that adds up to 20% at or below 80% of area median income counts.
| Set-aside | Meets the 20%? |
|---|---|
| 20% low income | Yes |
| 5% very low + 15% low income | Yes |
| 10% extremely low + 10% low income | Yes |
| 10% low + 10% moderate income | No: moderate-income homes don't count |
Lower income means at or below 80% of area median income (Health and Safety Code § 50079.5).
Minimum density
LAMC 16.70 also stops these sites from being built far below their capacity. Three rules apply:
| Where | Minimum |
|---|---|
| Lower Income Rezoning sites | 20 homes per acre |
| R3, RAS3, R4, RAS4, R5, CR, C1, C1.5, C2, C4, C5, CM zones | 1 home per 2,000 sq ft of lot area, rounded up |
| RD1.5 and RD2 zones | The same 1 per 2,000 sq ft, only in High and Medium-High residential market areas |
ADUs count toward the minimum. A minimum doesn't apply where the zone's own lot-area-per-home rule can't reach it.
Example: a 7,000 sq ft R3 lot must hold at least 4 homes (7,000 ÷ 2,000 = 3.5, rounded up). A smaller project wouldn't meet the ordinance.
How to check your lot
- Download City Planning's sites inventory (Appendix 4.1, Table A) and search for the APN.
- Or order a Brick Work report: it checks the parcel against the City's Housing Element sites layer and shows the by-right path beside CHIP, state density bonus and SB 684.
How it fits with CHIP
LAMC 16.70 is a separate rule from CHIP. CHIP's mixed-income program asks you to pick one affordability option at a set percentage; the Housing Element rule asks for a total of 20% lower-income homes in any mix. On a Housing Element site, compare both. See our density bonus and CHIP guide.
Questions
What is a housing element?
Every California city and county must adopt a housing element as part of its General Plan and update it every eight years. It shows how the city will make room for its share of the region's housing need (RHNA), and it must list specific sites that can hold that housing. The City of Los Angeles adopted its 2021–2029 Housing Element on November 24, 2021; it plans for 456,643 new homes.
What is a Housing Element site in Los Angeles?
A parcel the City lists in its Housing Element sites inventory as able to hold new housing. Two kinds carry special rules under LAMC 16.70: Prior Housing Element Sites, which were listed in earlier housing element cycles, and Lower Income Rezoning Housing Element Sites, which the City rezoned to meet its lower-income housing need.
What does LAMC 16.70 allow on a Housing Element site?
On a Prior or Lower Income Rezoning Housing Element site, a housing project that sets aside at least 20% of its homes for lower-income households is approved by right, as Gov. Code § 65583.2(i) requires. That means ministerial review against objective standards only, with no discretionary approval or public hearing.
Can the 20% be split between very low and low income?
Yes. The ordinance uses the state definition of lower-income households (Health and Safety Code § 50079.5), which includes very low and extremely low income households. So 5% very low income plus 15% low income meets the 20%, as does 20% low income. Moderate-income homes (above 80% of area median income) don't count toward it.
Is there a minimum density on Housing Element sites?
Yes. Lower Income Rezoning sites must be built to at least 20 homes per acre. In the R3, RAS3, R4, RAS4, R5, CR, C1, C1.5, C2, C4, C5 and CM zones, a project must provide at least one home per 2,000 sq ft of lot area, rounded up. RD1.5 and RD2 lots follow the same rule only in High and Medium-High residential market areas. ADUs count toward these minimums, and a minimum doesn't apply where the zone's own lot-area-per-home rule can't reach it.
How do I know if my lot is a Housing Element site?
City Planning publishes the full sites inventory as Appendix 4.1 (Table A) of the Housing Element, searchable by APN or address. A Brick Work report checks the parcel against the City's Housing Element sites layer and tells you which rule applies.
Related guides
Sources
- LA City Planning, 2021–2029 Housing Element
- Housing Element Appendix 4.1, Sites Inventory (Table A)
- Gov. Code § 65583.2 (housing element sites, by-right rule)
- Health and Safety Code § 50079.5 (lower-income households)
- California HCD, housing elements
- LA City Planning, Citywide Housing Incentive Program (CHIP)
Last reviewed October 23, 2026. General information, not legal advice; the statute and your city's own rules control.