Dive Brief:
- California announced Thursday it is taking five local governments to court over alleged failures to meet housing production planning goals that are mandated by the state.
- The five cities — Calexico, Costa Mesa, Half Moon Bay, Ridgecrest and Turlock — were among 15 local governments warned in March that they were out of compliance with the state’s Housing Element Law, which requires localities to update their housing plans every eight years to meet regional needs.
- The state’s writ petitions, which request a court to require the jurisdictions to comply with the law, come amid the state’s sixth housing planning update cycle, which tasks local governments to plan for an influx of around 2.5 million new homes.
Dive Insight:
As more states get involved in efforts to address the housing affordability crisis, legal showdowns between states and localities are erupting across the country.
A number of Colorado cities are suing the state over housing-related mandates, and 27 New Jersey municipalities took the state to federal court over affordable housing requirements.
The Illinois Municipal League this spring also pushed back strongly against a proposal for statewide zoning, which was eventually sidelined.
California’s housing planning mandate dates back to 1969, and the state has had some recent success enforcing the measure in the courts. Huntington Beach, California, in May was ordered to pay $160,000 and an additional $50,000 for every month it is out of compliance beginning in June.
“California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it,” Gov. Gavin Newsom said while announcing the latest lawsuits in a July 16 news release. “These five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they’ll answer for it in court. Housing law applies statewide, and no city gets a pass.”
In statements to local media outlets, officials in the targeted cities questioned the need for legal actions and some argued they have been actively working with the state on the plans and making progress, The Center Square news outlet reported.
All of the five cities are more than two years past the compliance deadline, according to the state.
