California Attorney General’s office amends housing lawsuit against Huntington Beach, issues stern warning
AG Rob Bonta has also threatened Elk Grove with a housing discrimination lawsuit
California Attorney General Rob Bonta announced today that a housing lawsuit against the City of Huntington Beach has been amended. The initial lawsuit was filed on March 8 by the Attorney General and was joined by Gov. Gavin Newsom and the California Department of Housing and Community Development.
Since the March 8 filing, Huntington Beach rescinded its illegal ban on SB 9 and Accessory dwelling units application but has refused to adopt a housing element in violation of state law, jeopardizing affordable housing opportunities for its residents.
The Huntington Beach City Council voted on March 21 to resume processing SB 9 and ADU project applications. However, during their April 4 city council meeting, they violated state housing law by failing to adopt a housing element that is 16 months overdue.
California’s Housing Accountability Act, cities that do not have a compliant housing element are subject to the so-called “Builder’s Remedy,” which allows project developers to submit housing projects with deed-restricted 20 percent low-income or 100 percent moderate-income without regard to local zoning and general plan standards.
Under the Builder’s Remedy provision, localities must approve these low- and moderate-income projects as long as they conform with objective building and design standards and comply with the California Environmental Quality Act and the Coastal Act.
Today’s amendment filing claims the city has violated the state Housing Element Law and is seeking both penalties and injunctive relief. The state is also seeking temporary relief against the city as authorized by statute, including, among other things, the suspension of the city’s permitting authority and mandating the approval of certain residential projects until the city comes into compliance with the law.
“California is in the midst of a housing crisis, and time and time again, Huntington Beach has demonstrated they are part of the problem by defiantly refusing every opportunity to provide essential housing for its own residents,” Attorney General Rob Bonta said in today’s announcement. “The city’s refusal last week to adopt a housing element in accordance with state law is just the latest in a string of willfully illegal actions by the city — decisions that worsen our housing crisis and harm taxpayers and Huntington Beach residents. We won’t stand idly by as Huntington Beach continues to flagrantly violate state housing laws designed to bring crucial affordable housing opportunities to our communities.”
Along with the Huntington Beach lawsuit, the state has threatened to sue the City of Elk Grove for its July 2022 denial of the Oak Rose supportive housing project. Elk Grove learned of the possible lawsuit on March 16.
