Housing element challenge: additional window, commence and serve within 60 days after HCD reports its findings
60 days after date the department of housing and community development reports its findings under gov. code 65585(h), under Cal. Gov. Code 65009(c)(2).
Rule text
(2) In the case of an action or proceeding challenging the adoption or revision of a housing element pursuant to this subdivision, the action or proceeding may, in addition, be maintained if it is commenced and service is made on the legislative body within 60 days following the date that the Department of Housing and Community Development reports its findings pursuant to subdivision (h) of Section 65585.
Calculate this deadline
Deadline
Tuesday, January 5, 2027
- Trigger (Date the Department of Housing and Community Development reports its findings under Gov. Code 65585(h)): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Cal. Gov. Code 65009(c)(2)
(2) In the case of an action or proceeding challenging the adoption or revision of a housing element pursuant to this subdivision, the action or proceeding may, in addition, be maintained if it is commenced and service is made on the legislative body within 60 days following the date that the Department of Housing and Community Development reports its findings pursuant to subdivision (h) of Section 65585.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Alternative ('in addition') to the 90-day period in planning_zoning_challenge_65009_90_days; the challenge is timely if either window is met. Not applicable to 65009(d) actions.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the Department of Housing and Community Development reports its findings under Gov. Code 65585(h) on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.
- Trigger (Date the Department of Housing and Community Development reports its findings under Gov. Code 65585(h)): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
Notes
Alternative ('in addition') to the 90-day period in planning_zoning_challenge_65009_90_days; the challenge is timely if either window is met. Not applicable to 65009(d) actions.
Related deadlines
- Challenge to general/specific plan, zoning ordinance, development agreement, variance, CUP or permit condition: commence AND serve legislative body within 90 days after decision (90 days after)
- Subdivision Map Act challenge: commence action and effect service of summons within 90 days after the decision (90 days after)
- Coastal Commission decision or action: petition for writ of mandate (CCP 1094.5) within 60 days after the decision becomes final (60 days after)
- Housing Accountability Act: file and serve petition within 90 days from effective date of local agency decision (alternative 1) (90 days after)
- Housing Accountability Act: file and serve petition within 90 days from expiration of the 65589.5(h)(5)(B) time periods (alternative 2) (90 days after)
- Action to enforce zoning consistency with general plan (Gov. Code 65860): commence AND serve legislative body within 90 days (90 days after)
- Mitigation Fee Act: protest fees, dedications or exactions within 90 days after imposition (or at approval) (90 days after)
- Mitigation Fee Act: action to set aside fees or exactions within 180 days after delivery of the agency's notice (180 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.