Huntington Beach denied temporary restraining order in the fair housing fight with Attorney General

Will Elk Grove fight like Huntington Beach?

Today California Attorney General Rob Bonta announced the initial efforts by Huntington Beach’s attempt to fight off a fair housing lawsuit have failed.

In a press release this afternoon, Bonta said the United States District Court for the Central District of California denied Huntington Beach’s request for a temporary restraining order (TRO) in Huntington Beach v. Newsom. The city attempted to stop enforcing state housing laws while litigation is ongoing.

“local governments don’t get to pick and choose which state laws they want to follow.”

Attorney General Rob Bonta

The attorney general’s office opposed the restraining order request arguing that Huntington Beach has no standing to sue in federal court and that the city’s lawsuit is baseless.

“I’ve said it before, and I’ll say it again: local governments don’t get to pick and choose which state laws they want to follow. Huntington Beach’s lawsuit is another baseless and obstructionist attempt by the city to defy state housing laws,” Bonta said. “Our state housing laws are a crucial tool for bringing much-needed affordable housing to our communities.”

Earlier this month, Huntington Beach was sued for violating state housing laws. The lawsuit followed a decision by the Huntington Beach City Council declining to reverse its February 21 action banning the processing of applications for SB 9 projects and ADU projects in violation of multiple state housing laws.

Last week, the Attorney General’s office notified Elk Grove that unless it responds in 30 days reversing its decision on the Oak Rose supportive housing, the city can expect a lawsuit.

With the 30-day countdown underway, how will Elk Grove respond? Will Mayor Bobbie Singh-Allen and her four city councilmen vow to fight the Attorney General’s promise to seek legal remedies as Huntington Beach has, or will it give in and reconsider its Oak Rose decision?

Whatever route Mayor Singh Allen decides to take, one thing appears clear – if they seek a TRO in federal court, they are unlikely to succeed. That is one less delay tactic city attorney Jonathan Hobbs can deploy.

Huntington Beach has not posted any comments regarding its loss on its website or social media.

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