(a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).
§ 1094.9.Expedited Judicial Review of Housing Permit Denials; Related Court Procedures
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Enacted 2025 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1094.9 creates an expedited judicial review procedure for challenges to a local agency's denial of a housing development permit or entitlement, available to the applicant, the Attorney General, or the Department of Housing and Community Development, with concurrent record preparation, a 90-day filing deadline, and fast hearing and decision timelines.
Full Text of § 1094.9
(b) For purposes of this section, the following definitions shall apply:
(1) "Applicant" means a party that has submitted an application or requested a permit for a housing development project.
(2) "Department" means the Department of Housing and Community Development.
(3) "Disapproves the housing development project" has the same meaning as described in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.
(4) "Housing development project" has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.
(5) "Local agency" means a city, county, city and county, district, or other local authority.
(c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial.
(d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.
(1) An applicant, the Attorney General, or the department may bring any action under this section. The action shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.
(2) Upon request of the applicant, or notice from the department or the Attorney General, the local agency shall prepare the record of its proceedings concurrently with the local agency's proceedings.
(A) This record of proceedings shall include, at a minimum, the local agency's decision, filings, notices, orders, transcripts of the local agency's administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.
(B) The parties shall meet and confer to certify the record of proceedings no later than 15 days after a petition for writ of mandate is served. Any disputed items shall be subject to a separate motion to be specially noticed on or before the date of the hearing on the writ petition, and in accordance with any local court rules.
(C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.
(3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:
(A) By the petitioner with the petition or petitioner's points and authorities.
(B) By the respondent with respondent's points and authorities.
(C) After payment of costs by the petitioner, or:
(D) As otherwise directed by the court.
If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.
(4) A petitioner who elects to bring an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:
"ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE."
(5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date.
(6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.
(e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge may request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to California Rules of Court Rule 2.812 and Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority.
Plain-English Summary
This section gives housing development disputes the same kind of expedited track § 1094.8 built for expressive-conduct permits, reflecting how much delay can matter when a housing project is stalled. It applies when a petitioner gives the required notice, and it lets three different parties bring the action: the applicant for the housing permit, the Attorney General, or the Department of Housing and Community Development. The action takes the form of a petition for writ of mandate under § 1085 or § 1094.5, whichever fits the challenge.
Record preparation happens on an accelerated, concurrent basis. Once the applicant requests it, or the department or Attorney General gives notice, the local agency has to prepare the record of proceedings as its own proceedings unfold — including the decision, filings, notices, transcripts, staff reports, and the documents the agency relied on. The parties then meet and confer to certify the record within 15 days after the petition is served, with disputes resolved through a specially noticed motion. The local agency generally bears the cost of preparing the record, unless the petitioner elects to prepare it.
The filing deadline runs 90 days from whichever comes later among the decision's effective date, the permit denial's effective date, or another act disapproving the project, and the petition's title page must carry the same kind of prominent 18-point notice § 1094.8 requires. The court then has to set a hearing within 45 calendar days of filing, the record generally gets lodged at least 15 calendar days before the hearing, and the court's decision must follow within 30 calendar days of submission or 75 calendar days of filing, whichever comes first. As with § 1094.8, a presiding judge who anticipates missing these deadlines can request a temporary judicial assignment, and these actions get calendar preference over other civil cases.
Frequently Asked Questions
Who can bring an action under this expedited housing-permit procedure?
The applicant for the housing development permit, the Attorney General, or the Department of Housing and Community Development.
How is the administrative record prepared under this section?
Concurrently, as the local agency's own proceedings unfold, once the applicant requests it or the department or Attorney General gives notice — rather than waiting until after the petition is filed.
What's the filing deadline for a petition under § 1094.9?
90 days from the later of the decision's effective date, the permit denial's effective date, or any other action disapproving the housing development project.
How quickly will the court act on the case?
The hearing must be set within 45 calendar days of filing, and the decision must issue within 30 calendar days of submission or 75 calendar days of filing, whichever is earlier.
Do these housing cases get any scheduling priority?
Yes. Section 1094.9(c) requires that actions under this section be given preference over all other civil actions when the court sets and holds hearings or trials.
Amendment History
Added by Stats 2025 ch 527 (SB 808),s 2, eff. 1/1/2026.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: ccp 1094.9 housing permit denial judicial review californiaexpedited writ of mandate housing development californiachallenging housing permit denial california procedure