California Attorney General Rob Bonta issued a legal alert emphasizing the importance of local governments in California complying with the state’s Housing Accountability Act (HAA). The alert is intended to help officials understand their responsibility in processing Builder’s Remedy applications. Bonta referenced two court cases involving La Cañada Flintridge and Goleta to underline these responsibilities, stressing that local compliance is crucial for addressing California’s housing shortage and improving affordability.
“California courts have been very clear about the interpretation of California housing law and the responsibility of local governments to follow the law and swiftly process Builder’s Remedy applications,” said Attorney General Bonta. “The legal alert today is intended to ensure local governments understand their responsibility to facilitate affordable housing: California expects nothing less and is committed to ensuring that all cities and counties are part of the solution — no exceptions.”
Under California’s Housing Element Law, municipalities must periodically update their housing elements to meet regional needs. Failure to comply triggers the Builder’s Remedy provision under the HAA, which restricts local governments from denying certain housing projects due to zoning inconsistencies if they include specified low- or moderate-income units.
Bonta highlighted two recent legal cases:
1. **Cal. Housing Defense Fund v. City of La Cañada Flintridge**: In 2023, Attorney General Bonta intervened alongside Governor Newsom and others after La Cañada Flintridge denied a mixed-use affordable housing project for non-compliance with state law between October 2021 and November 2023. The court ruled against La Cañada Flintridge in 2024, ordering it to process the application legally. The city appealed but later dismissed its appeal when faced with posting a $14 million bond.
2. **Shelby Family Partnership, L.P. v. City of Goleta**: In 2024, an amicus brief supported an affordable housing project proposal in Goleta after its preliminary application was unlawfully refused based on SB 330 being applicable only to “new” projects. A superior court order on February 26, 2025, mandated that Goleta process this project per state law.
The alert also discusses penalties for failing to implement Builder’s Remedy correctly, including intervention by the Attorney General and fines under HAA regulations.
