Huntington Beach Faces Updated Suit By Attorney General Bonta On Housing

By Ria Roebuck Joseph | The Center Square contributor, The Center Square California

April 13, 2023

(The Center Square) - "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,” said California Attorney General Rob Bonta.

The city of Huntington Beach is facing a lawsuit which aims to hold the city accountable for violating California’s Housing Element Law. The lawsuit, which was amended April 10, asserts that recent decisions taken by the City Council on the building of housing for low-, moderate-, and very low-income residents jeopardizes critical affordable housing opportunities for Huntington Beach residents.

Huntington’s ban on the processing of SB 9 and Accessory Dwelling Unit (ADU) applications was originally challenged by Governor Gavin Newsom, Attorney General Rob Bonta, and the California Department of Housing and Community Development in a March 8 lawsuit. This was amended on April 10 following the city’s April 4 meeting when the Huntington City Council failed to adopt a Housing Element.

The amendment adds a violation of the state’s Housing Element Law, and alleges that the Huntington Beach City Council’s recent April 4 vote not to approve a proposed Housing Element was intended to evade judicial review. It also strikes claims and allegations that are no longer relevant.

A statement released by Newsom’s office explained “State law requires local governments to include housing elements in their general plans. A housing element must include, among other things, an assessment of housing needs, an inventory of resources and constraints relevant to meeting those needs, and a program to implement the policies, goals, and objectives of the housing element. The housing element is a crucial tool for building housing for moderate-, low-, and very low-income Californians. Huntington Beach has been out of compliance on its housing element since October 15, 2021, and last week in a 4-3 vote the City Council once again refused to adopt a draft housing element prepared by the city’s own staff. As a result, the state is seeking injunctive relief and penalties against the city for their ongoing failure to comply with state housing law.”

In 2021 Newsom moved to push local governments and hold them accountable to meet their housing targets, with a statewide goal of reaching 2.5 million new units by 2030 – 1 million of which must be affordable. To this end he introduced the Housing Accountability Unit.

In concert with the governor, AG Bonta created a Housing Strike Force as part of the California Department of Justice’s new effort to advance housing access, affordability, and equity in California.

Bonta commenting on the suit saying, “The City’s refusal last week to adopt a housing element in accordance with state law is just the latest in a string of willfully illegal actions by the city….We’ll use every legal tool available to hold the city accountable and enforce state housing laws.”

Cities that do not have a compliant housing element, under California’s Housing Accountability Act, allows project developers to submit housing projects with deed-restricted 20% low-income or 100% moderate-income without regard to local zoning and general plan standards under California’s Housing Accountability Act. This action has become known as the “Builder’s Remedy.”

Last fall Santa Monica fell prey to the Builder’s Remedy solution when it failed to pass a Housing Element, clearing the way for builders to submit plans without regard for zoning which the city was forced to approve. As a result, 16 new developments amounting to 4,250 new units are to be built in Santa Monica.

Bonta warned Huntington’s planning commission in February that attempts to circumvent the Builder’s Remedy would violate state law. The AG and HCD are monitoring the city’s actions on any Builder’s Remedy project applications submitted to the city, and stand ready to take legal action if necessary.

The most recent amendment exposes Huntington to the same fate as Santa Monica.

“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,” Newsom said.

The focus of the work of The Center Square California is state and local-level government and economic reporting that approaches stories with a taxpayer sensibility.