California Gov. Gavin Newsom‘s administration has threatened five new California cities with legal repercussions for failing to comply with required housing plans as part of the governor’s ongoing efforts to ensure that local municipalities meet obligations to increase affordable housing across the state.
The administration’s latest legal filings accuse Calexico, Costa Mesa, Half Moon Bay, Ridgecrest and Turlock of missing benchmarks for the latest round of mandated housing planning, as outlined by the state’s landmark housing supply law, formally known as the “housing element.”
The law, which has been in place since 1969, requires cities and counties every eight years to develop plans to add housing based on a specific allocation that takes into account the region’s needs. It’s a massive undertaking that is aimed at easing California’s ongoing housing crisis but has routinely drawn criticism for undermining local autonomy, requiring difficult parameters — which often include zoning changes — and not always translating to the scale of needed housing.
But given the state’s growing need, and now armed with new law that allows more serious fines for municipalities that fail to comply, Newsom’s administration has doubled down on the housing element.
“California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it,” Newsom said in a statement about this latest legal action. “These five jurisdictions had every chance to follow the law and plan for their fair share of housing. … Housing law applies statewide, and no city gets a pass.”
But three of the cities facing the new legal repercussions say they are actively working to complete the lengthy plans, despite a slow process. Huntington Beach, meanwhile, has been more defiant, refusing for years to zone for thousands of new homes that the housing law had required. Huntington Beach became the poster child for such enforcement when Newsom’s administration filed the first such lawsuit against the Surf City, which the state eventually won. Just this month, the cityfinally passed its updated housing element as ordered by a judge following a lengthy legal battle with the state. Huntington Beach also faces at least $170,000 in fines after years of noncompliance.
Ben Martinez, Calexico’s city manager, said his city continues to work with state officials on the plans and “remains fully committed to achieving compliance with California Housing Element law.”
City officials in Half Moon Bay echoed that sentiment. Mayor Debbie Ruddock said her city “is committed to working collaboratively with our state partners to meet housing requirements and expand housing opportunities for residents at all income levels.”
“Given our ongoing work with [the department of Housing and Community Development] and the Coastal Commission, we are surprised that the state feels this additional action is necessary,” Ruddock said in a statement.
Similarly, Costa Mesa Mayor John Stephens called the legal response from the state“unbelievable,” in an interview with the Daily Pilot. He said his city staff have been working directly with the state throughout the process, trying to reach compliance.
Ridgecrest City Manager Travis Reed said the state was in possession of its most recent draft, which he expected would “receive Housing Element certification in the near future.”
In a statement, Turlock City Manager John J. Murphy said the city will continue to work on its housing element even as any legal process proceeds, and said the city now has “clear path forward” to compliance. But he did acknowledge that “this process has involved a substantial amount of planning and technical work.”
Prior to filing these five cases in the cities’ respective county courts, the California attorney general’s office on behalf of the Department of Housing and Community Development had also filed four other legal complaints. Those cases — against Anaheim, Elk Grove, La Cañada Flintridge and Norwalk — all ended with either a favorable court ruling or both sides reaching a agreement, according to the attorney general’s office.
The state had also threatened legal action against seven other municipalities, including Artesia, La Habra Heights and Malibu, but were able to reach settlements before going to court, the attorney general’s office said.
“California’s housing crisis demands action, not excuses,” California Atty. Gen. Rob Bonta said in a statement. “Jurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need.”
State officials said the new filings come after repeated warnings about noncompliance and efforts from state officials to work with the cities. The new legal petitions seek a judicial order that would compel the cities to adopt a compliant housing element and ask the court to impose appropriate fines or penalties.
The filings cite timelines in which the cities failed to complete or stopped responding to state feedback about revisions or shortcomings in their housing elements, calling the planning documents now “years overdue.”
“The vast majority of California’s cities and counties have stepped up to achieve housing element compliance,” Housing and Community Development Director Gustavo Velasquez said in a statement. “For the small number that are still falling short, … [we] send a clear message: no community is exempt from doing its part to solve our housing crisis.”
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