As Senior Housing Evolves, Zoning Plays Catch-Up

West Coast Land Use and Environment attorney Kevin Ashe was interviewed by Law360 for an article examining the growing need for senior housing projects and the unique legal complexities that accompany them. A 2025 report by the National Investment Center for Seniors Housing and Care highlights the gap between the over-80 population and senior housing supply, with construction starts at their lowest levels since 2008. The organization cites lack of access to capital and out-of-date zoning codes among the factors contributing to the widening gap. Mr. Ashe's comments focused on zoning ordinances, including addressing the complexities that may arise when calculating the density of a senior housing project. According to him, different cities take different approaches when defining units and calculating allowable density.

"I have implored cities … to take a lesser view of what is considered to be a unit [for State Density Bonus Law]," he said. "Some cities have taken, in my opinion, a really aggressive approach, saying that in order for your senior unit to count, it has to contain all of [the] things that you would typically see in apartment buildings."

Mr. Ashe did note, however, that an amendment to California's density bonus law, which took effect at the beginning of this year, should ease development by broadening the definition of a residential unit and making it clear that the law applies to senior housing, thus incentivizing affordable housing projects.

READ: As Senior Housing Evolves, Zoning Plays Catch-Up (Subscription required)