California takes five cities to court over housing plan failures

(CN) — California sued five cities Thursday over their failure to create mandated plans for new housing that address the state’s shortage of affordable housing and its intractable homelessness crisis.

The state filed writ petitions to force Calexico, Costa Mesa, Half Moon Bay, Ridgecrest and Turlock to adopt housing elements compliant with the Housing Element Law and complete necessary rezoning within 120 days.

“California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it,” Governor Gavin Newsom said in a statement. “These five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they’ll answer for it in court. Housing law applies statewide, and no city gets a pass.”

The five cities are at least 2 1/2 years behind compliance with the law, which dates back to 1969 and requires municipalities to update every five or eight years their planning for new housing at every income level through a so-called housing element.

For each cycle, the state’s Department of Housing and Community Development assigns every city and county a share of the state’s housing needs, and the jurisdictions’ housing elements must show, in specific terms, how they will meet that number and clear the barriers standing in the way.

Housing and Community Development reviews and must approves every housing element before it can be adopted.

The requirement doesn’t demand that municipalities build new housing — only that they have an updated plan and done the needed rezoning for new construction.

The California Attorney General’s Office noted the housing element is an important tool to combat historical redlining and disinvestment.

“California’s housing crisis demands action, not excuses,” Attorney General Rob Bonta said. “Jurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need."

Cities that are out of compliance with the Housing Element Law can be subject to the “builder’s remedy,” which curtails their ability to reject qualifying low- and moderate-income housing projects on zoning grounds. They also face civil penalties that go toward affordable housing in that same community.

Representatives of the five cities didn’t immediately respond to emails seeking comment on the lawsuits.

Huntington Beach, a conservative enclave in the mostly left-leaning state, has been unsuccessfully fighting California in court over the city’s lack of compliance with the housing element mandate.

The California Supreme Court last December rejected an appeal Thursday by Huntington Beach to review a ruling that forced the small seaside city to produce a plan to allow for more housing, despite its status as a charter city.

In May, a Superior Court judge ordered the city to pay $160,000 in penalties, with fines climbing to $50,000 a month until it comes into compliance.

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