California Legalizes “Duplexes In My Historic Back Yard”
Local Abuse of Historic Preservation Rules Leads to Reform
“We can build more homes and also preserve historic neighborhoods”
SACRAMENTO – Today, California took a major step toward ending the abuse of historic preservation laws to block urgently-needed new housing, with the signing into law of AB 1061 by Governor Newsom.
The law, authored by Assemblywoman Sharon Quirk-Silva (D-Fullerton) and sponsored by California YIMBY, allows homeowners to use previous state law, SB 9, to build duplexes in historic districts as long as existing historic structures aren’t altered or demolished. It ends a common practice of housing opponents, who seek to designate buildings and entire neighborhoods as “historic” in an effort to prevent new housing growth.
“Preserving historic buildings helps maintain our connection to history – but abusing historic preservation rules to block new homes makes housing affordability history,” said Brian Hanlon, CEO of California YIMBY. “A homeowner seeking to build a duplex does not threaten historic resources, and thanks to Asm. Quirk Silva, more homeowners across California can help end our housing shortage.”
Since the adoption of SB 9 in 2021, which legalized duplexes and lot splits in single-unit neighborhoods throughout California, local housing opponents have used a loophole in the law to block its implementation: The original bill exempted historic districts. A subsequent surge in proposed historic designations across California’s most exclusionary neighborhoods showed that the loophole was being abused to block urgently-needed housing, with both anti-housing city leaders and private citizens gaming the system to prevent duplex development.
The California HOME Act (SB 9, Atkins) was passed in 2021 to legalize duplexes statewide, theoretically ending single-family zoning. However, the historic district exemption has become a favored tool for blocking new housing. AB 1061 closes this loophole, while fully protecting historic buildings and maintaining the ability to designate new historic districts.