California Attorney General Bonta follows through, files lawsuit against Elk Grove for fair housing violations
Gov. Newsom joins the lawsuit
As promised in March, California Attorney General Rob Bonta has filed a lawsuit today in Sacramento Superior Court against the City of Elk Grove over its rejection of a supportive housing project in the city’s Old Town Special Planning area.
Along with the attorney general, Governor Gavin Newsom and the California Department of Housing and Community Development (HCD) filed the suit against the city, challenging the city’s denial of a proposed supportive housing project. The project was rejected on July 27, 2022, by a unanimous vote of the Elk Grove City Council.
The city council at that time included Sacramento County Supervisor Pat Hume and California Assemblymember Stephanie Nguyen. Hume and Nguyen won their respective offices last November and were replaced by Rod Brewer and Sergio Robles.
The lawsuit filed asserts Mayor Bobbie Singh-Allen and her city council violated state laws, including Senate Bill 35 (SB 35), the Housing Accountability Act (HAA), and fair housing laws intended to prohibit discriminatory land use practices, including the Nondiscrimination in Land Use Law and the Affirmatively Furthering Fair Housing statute (AFFH).
The proposed project, known as the Oak Rose Apartments, would add 66 units of supportive housing
on Elk Grove Boulevard in Old Town Elk Grove for lower-income households at risk of homelessness. The press release noted Elk Grove is “a jurisdiction in dire need of low-income housing opportunities.”
“Our state is in a housing crisis, and local governments must do their part to allow for affordable housing options for all members of our communities, regardless of their income level,” Attorney General Bonta said in the announcement disclosing the lawsuit. “Everyone deserves to have a place to call home. California has critically important laws designed to combat housing discrimination and increase affordable housing opportunities. Today’s lawsuit against Elk Grove sends a strong message to local governments: if you violate fair housing laws, we will hold you to account.”
The city has taken a somewhat conciliatory approach but has tried shifting blame saying they are trying to negotiate an agreement with the project proponents. The city is also trying to deflect attention by noting they have approved other affordable housing projects.
“The City of Elk Grove is not a bad actor,” Singh-Allen said in a statement defending her and the city council’s position. “Elk Grove has a strong track record for supporting affordable housing projects and continues to engage in good faith discussions with the Oak Rose Apartments applicant in hopes of reaching a mutually agreeable solution.”
The press release noted soon after Singh-Allen and her city council rejected the Oak Rose project, it approved a market rate project also in the Old Town Special Planning Area. The attorney general notes the Oak Rose project was denied because it had ground-floor apartments that are contrary to the SPA, while the market rate project, the Elk Grove Railroad Courtyards Project, also had ground-floor apartment units contrary to the SPA but was approved.
In announcing the lawsuit, Gov. Newsom also scolded cities like Elk Grove for trying to usurp state law. Elk Grove now joins Orange County’s Huntington Beach as two municipalities being sued for allegedly violating state fair housing laws.
“Communities that fail to build their fair share of housing, including those refusing to develop desperately needed affordable housing, will be held to account,” Newsom said. “Under my Administration, the state has provided unprecedented support, including billions in funding and resources to help guide communities as they work to meet their housing needs. However, when local governments repeatedly fail to uphold their obligations and blatantly look for ways to skirt state law, we will use every tool available, including legal actions, to ensure that Californians have access to needed housing.”
The 237-page filing can be viewed here.
