Newsom seeks to punish California city for refusing to adhere to housing laws

California Gov. Gavin Newsom (D) and state officials announced on Monday that they are seeking a court order to reprimand the city of Huntington Beach for violating housing laws.

The governor, together with state Attorney General Rob Bonta (D), filed a motion to amend a March lawsuit against Huntington Beach, with the goal of holding the city accountable for violating the state Housing Element Law. The law requires local governments to adopt housing plans that include sufficient opportunities for development, as part of a broader municipal agenda.

The original lawsuit concerned the Orange County suburb’s ban on applications to build housing under the state’s SB 9 and Accessory Dwelling Unit (ADU) laws, which allow homeowners to build up to four units and backyard cottages on single-family parcels.

Since the filing of that suit, the Huntington Beach City Council voted on March 21 to resume processing SB 9 and ADU project applications, the governor and attorney general acknowledged.

Nonetheless, at an April 4 meeting, the City Council again violated state housing laws by failing to adopt a housing element, which was already 16 months overdue, according to the state officials.

That decision “jeopardizes critical affordable housing opportunities for Huntington Beach residents,” an announcement from the officials said.

“Huntington Beach continues to fail its residents,” Newsom said in a statement. “Every city and county needs to do their part to bring down the high housing and rent costs that are impacting families across this state.”

“California will continue taking every step necessary to ensure everyone is building their fair share of housing and not flouting state housing laws at the expense of the community,” the governor added.

The amended motion seeks to suspend Huntington Beach’s permitting authority, while mandating the approval of certain residential projects until the city complies with the law.

While the state is no longer seeking a preliminary injunction against Huntington Beach, due to the city’s reversal on SB 9 and ADU applications, the new motion does seek a declaration from court that the previous bans were unlawful and cannot be reinstated.

“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,” Bonta said in a statement.

The attorney general described the City Council’s recent refusal to adopt a housing element as “the latest in a string of willfully illegal actions by the city,” adding that state officials “won’t stand idly by as Huntington Beach continues to flagrantly violate state housing laws.”

Gustavo Velasquez, director of the California Department of Housing and Community Development, stressed that “more housing is the path to ending and reducing homelessness.”

“But Huntington Beach continues to brazenly violate state housing laws — wasting valuable time and tax-payer money instead of working on solutions,” Velasquez said.

In response to the amended motion, Huntington Beach Mayor Tony Strickland (R) said in a statement that the City Attorney is asking that the court dismiss the lawsuit “because it is entirely moot.”

Suing the city for an alleged Housing Element violation, he explained, requires filing a new lawsuit rather than submitting a motion for an amendment.

Stressing that more than 240 other cities across California do not have housing elements, Strickland accused the officials of “singling out Huntington Beach.”

“These regular State press releases announcing legal actions against Huntington Beach may grab headlines, but they do not intimidate or deter the city, and they have no effect in the court of law,” the mayor added.