Gavin Newsom, AG Bonta to enforce California housing laws
Attorney General Rob Bonto faces California Gov. Gavin Newsom after being sworn in as California’s 34th attorney general during a ceremony Friday, April 23, 2021, in Sacramento. Bonto, 49, will be the first Filipino to head the California Department of Justice.
pkitagaki@sacbee.com
Making good on his promise to demand accountability from local governments, Gov. Gavin Newsom on Thursday announced that the state was once again suing the city of Huntington Beach for failing to comply with state housing laws.
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“Huntington Beach is ‘Exhibit A’ in what’s wrong with housing in the state of California,” Newsom said during a virtual press briefing. “They’re ‘Exhibit A’ in what NIMBYism looks like, and they are not representing the people they claim to represent.”
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At issue is a recent decision by city officials to ban the construction of new accessory dwelling units and projects under Senate Bill 9, a state law that took effect at the start of 2022 allowing property owners to build additional units on their single residential lots.
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California Attorney General Rob Bonta accused the city of stifling affordable housing projects, infringing on the rights of property owners and “knowingly” violating state housing laws.
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“The laws are clear, as is Huntington Beach’s willful and intentional refusal to follow them,” Bonta said Thursday. “(City officials) have asked for this and they have earned this.”
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The announcement marks the latest salvo of a yearslong back and forth between the state and Huntington Beach over the city’s rejection of state policies meant to increase access to affordable housing across California.
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In January 2019, California sued Huntington Beach in the state’s first-ever lawsuit accusing a local government of ignoring a state law mandating that cities and counties identify enough properties to accommodate new residential development. The coastal city in Orange County agreed to settle the case a year later by adding an amendment to their housing plan that made it easier for developers to build multi-family housing.
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The latest lawsuit comes two days after the Huntington Beach City Council took an initial vote to limit homebuilding in the seaside town by ignoring all applications filed by developers under the so-called “builder’s remedy” provision, according to reports. Builder’s Remedy is part of a 1990 California law that allows developers to bypass local zoning restrictions in cities that fail to enact a state-approved housing plan.
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If the city confirms its decision through a second vote on March 21, the state would update the lawsuit to fight that as well, according to Gustavo Velasquez, director of the state’s Department of Housing and Community Development.
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Prior to the council’s vote, Huntington Beach City Attorney Michael Gates held a press conference in mid-February to announce that his office was preparing to sue the state in order to challenge the daunting housing goals placed on the city. The state’s latest round of Regional Housing Needs Allocation requires Huntington Beach to zone for 13,368 units to be built inside the city limits from October 2021 through October 2029.
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Newsom has repeatedly stated that a top priority of his second term is to hold local governments accountable for reducing the state’s homeless crisis and increasing its affordable housing stock. Bonta in 2021 created a team within the California Department of Justice dedicated to enforcing state housing laws.
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This is a developing story. Check back for updates.