California Attorney General Rob Bonta and Governor Gavin Newsom welcomed a decision from the Supreme Court of California, which declined to review an appellate court’s ruling in the case Kennedy Commission v. Superior Court. The case concerns the City of Huntington Beach’s failure to comply with California’s Housing Element Law.
In March 2023, Attorney General Bonta, Governor Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez filed a lawsuit against Huntington Beach for not adopting a compliant housing element as required by state law. The lawsuit sought a court order giving the city 120 days to comply and restricting its ability to approve permits, zoning changes, or subdivisions until it met state requirements.
The San Diego Superior Court found that Huntington Beach had violated the law but did not include all requested remedies in its final order. The California Fourth District Court of Appeal later ruled unanimously that the lower court was wrong to leave out the compliance deadline and mandatory provisional remedies. With the Supreme Court declining review, this appellate decision stands, instructing the lower court to provide relief as requested by the state and move quickly on remaining issues.
Attorney General Rob Bonta stated: “Huntington Beach has run out of excuses in our state’s courts. It was required to submit a compliant housing element on October 15, 2021, more than four years ago. Rather than follow the law, the City has been squandering public money to avoid building its fair share of housing,” said Attorney General Rob Bonta. “We promised that we would hold Huntington Beach accountable, and we have successfully done so at every turn to date. Our case now returns to the trial court, where we will continue to ensure that the City answers for its unlawful actions.”
Governor Gavin Newsom added: “Huntington Beach needs to end this pathetic NIMBY behavior. They are failing their own citizens by wasting time and money that could be used to create much-needed housing. No more excuses, you lost once again — it’s time to get building.”
HCD Director Gustavo Velasquez commented: “This decision reaffirms that no one is above the law, and Huntington Beach can no longer refuse to do its part to address California’s crisis of housing affordability and homelessness,” said HCD Director Gustavo Velasquez. “Charter cities are not exempt from state housing law, and the few bad actors who believe so need to stop looking for a way to avoid their responsibilities.”
After being sued by the state over these issues, Huntington Beach filed its own federal lawsuit challenging some California housing laws as unconstitutional. That suit was dismissed by both district and appeals courts; an en banc rehearing request was also denied by the Ninth Circuit Court of Appeals. The city has since asked the U.S. Supreme Court for review; this request is still pending.