California Governor Gavin Newsom (D) announced that the state is taking first-of-its-kind legal action the City of Huntington Beach for willfully refusing to comply with state housing law, even after extensive attempts to offer partnership and support from the California Department of Housing and Community Development.
California cities and counties are required by law to draft and adopt a housing plan that meets the needs of the broader region and its economy. Under law, the city’s housing plan must accommodate a fair share of the regional housing needs and provide zoning that encourages development of housing that is affordable to the city’s residents across all income levels, including affordable housing and middle-income housing.
In 2015, the Department of Housing and Community Development found Huntington Beach’s housing plan was out of compliance with state law. After adopting a plan that met state standards in 2013, the city amended their housing plan and significantly reduced the number of new housing units able to be built — moving the city out of compliance with state housing law. Despite the Department of Housing and Community Development’s repeated efforts to work with Huntington Beach to bring its housing plan into compliance, the city council ultimately rejected a proposed amendment to build additional units.
The state’s complaint against Huntington Beach seeks to ensure housing equity, requiring the city to amend its housing plan to bring it into compliance with state law by planning for the development of additional housing units that are accessible to residents of all income levels.
AB 72, which took effect Jan. 1, 2018, allows the state to revoke a city or county’s existing housing plan compliance and to refer potential cases to the state Attorney General’s Office for litigation. The suit against Huntington Beach will be the first such case.
