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.