Legis
Housing
AB 1751, Chapter 781, Statutes of 2026 · Tuesday 29 September 2026

Missing Middle Townhome Ownership Act

California creates a streamlined path for eligible small-to-mid-sized townhome ownership projects and their subdivisions.

The law requires local agencies to use ministerial review for qualifying townhome projects and maps, limiting discretionary hearings while retaining objective standards and health-and-safety safeguards.

What the law does ​

  • Requires ministerial approval of qualifying townhome development applications, including needed land-use, subdivision, building, and grading approvals.
  • Allows local objective planning, zoning, subdivision, and design standards, but bars standards that prevent projects from reaching 75% of the applicable housing-element density or impose special rules solely because of this law.
  • Covers all-townhome projects of up to 150 units, with average unit size no greater than 1,750 net habitable square feet and at least 75% of the applicable density.
  • Requires projects with 11 or more units to provide at least 10% lower-income affordable units for at least 45 years, unless a higher local inclusionary requirement applies.
  • Requires ministerial tentative and final map review for eligible subdivisions with parcels of at least 600 square feet.
  • Limits eligible sites and protects existing affordable, rent-controlled, recently tenant-occupied, mobilehome-park, environmentally sensitive, hazardous, flood-prone, agricultural, and historic properties.
  • Permits denial only through written findings, supported by a preponderance of evidence, of an unmitigable specific adverse public-health-and-safety impact.
  • Exempts qualifying approvals and local implementing ordinances from CEQA review, while requiring tribal consultation and preserving the California Coastal Act.

Who it affects ​

  • Townhome developers and builders proposing eligible projects.
  • Homebuyers seeking fee-simple, common-interest, cooperative, tenancy-in-common, or shared-equity townhome ownership.
  • Local agencies processing townhome permits and subdivision maps.
  • Lower-income households eligible for required affordable units in larger projects.

Context ​

The law applies statewide, including charter cities, but excludes the City and County of San Francisco.