Tightening the grip over local zoning – New law gives the Calif. Attorney General more authority to pursue cities violating fair housing laws
Legislation that will be signed into law by Gov. Gavin Newsom gives the California Attorney General more power to legally pursue cities violating fair housing rules.
Sponsored by Assembly Bill 1485, Assemblymember Matt Haney (D-San Francisco) and Senator Scott Wiener (D-San Francisco) will give the Attorney General the authority to intervene without court permission in lawsuits brought by third parties for alleged violations of state housing laws.
“State officials can no longer turn a blind eye to obstructionist local governments attempting to block progress on California’s housing crisis”
State Senator Scott Wiener
The new law was praised by Attorney General Rob Bonta, who has aggressively pursued cities like Elk Grove and Huntington Beach for alleged violations of California fair housing laws. Bonta’s office is currently suing Elk Grove over its July 2022 denial of the Oak Rose supportive housing project.
“When it comes to addressing our housing crisis, there’s not a moment to waste. Time is of the essence,” Bonta said. “AB 1485 recognizes that urgency. It will allow my office to represent the state’s interests more easily in lawsuits filed by third parties to enforce our housing laws. I am grateful to Assemblymember Haney and Senator Wiener for AB 1485.”
Currently, third parties, such as housing advocacy organizations and housing developers, can take legal action against municipalities or counties violating state housing laws. The AG’s office can only become involved in the third party’s litigation by filing a motion to intervene and asking the court for permission to represent the state’s interests, a process that can take months.
The new law allows the AG to bypass judicial permission to become involved in those lawsuits filed by third parties. When it becomes effective on January 1, the AG will have “the unconditional right to intervene,” whether independently or from a California Department of Housing and Community Development referral.
“The housing crisis is only getting worse as anti-housing local governments are brazenly breaking the law and stopping new housing developments from being built,” Assemblymember Haney said. “We need every tool available to hold these local governments accountable when they break the law.”
Democratic Elk Grove Mayor Bobbie Singh-Allen and her four councilmen have decried former local officials (see video below) who are now legislators representing Elk Grove for stripping local land use control. Elk Grove is represented in the Senate by Angelique Ashby and in the Assembly by Stephanie Nguyens, both Democrats.
Ashby and Nguyen, both former city council members in Sacramento and Elk Grove, voted for the legislation. Wiener, A San Franciso Democrat, co-sponsored the legislation and has led the charge to assert state authority over local land zoning decisions.
“State officials can no longer turn a blind eye to obstructionist local governments attempting to block progress on California’s housing crisis,” Senator Wiener said. “Progress depends on accountability, and with the strong leadership of Attorney General Bonta, we’re about to make a lot of progress to address the housing crisis.”
Singh-Allen throws shade on fellow Democrats Ashby, Nguyen
