Less than a third of cities and counties are on track to permit enough “above moderate” units, the category that typically refers to market-rate housing, according to data submitted by locals to the state housing department. “Cities cannot require developers to develop and cities don’t build housing,” said Jason Rhine, a lobbyist with the League of California Cities. In jurisdictions that are halfway through their planning process but have yet to permit at least half their housing targets for above-moderate, low- and very low-income housing (housing affordable to a “moderate” income level isn’t included), the law requires local governments to fast track most apartment and condo projects.