California Attorney General Rob Bonta and Governor Gavin Newsom announced that the state has secured a decision from the San Diego Superior Court requiring the City of Huntington Beach to adopt a housing element within 120 days. The court also restricted the city’s land use authority until it complies. Huntington Beach was supposed to submit a compliant housing element by October 15, 2021.
The legal dispute began in March 2023 when Attorney General Bonta, Governor Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez filed suit against Huntington Beach for not adopting a compliant housing element on time. The state sought a court order imposing a deadline and limiting the city’s permitting and zoning powers until compliance. In May 2024, the San Diego Superior Court found Huntington Beach violated California’s Housing Element Law but did not include all remedies requested by the state. The state then petitioned the California Fourth District Court of Appeal, which granted the request for mandatory remedies. Huntington Beach appealed to the Supreme Court of California, which denied review last week, returning the case to Superior Court for today’s order.
Attorney General Rob Bonta stated: “After extensive proceedings in the courts, Governor Newsom, HCD Director Velasquez, and I have secured the relief that we sought all along. The City of Huntington Beach has now been ordered to adopt a compliant housing element within 120 days. Huntington Beach is not above the law. Its leaders must comply with all our laws, including our state’s housing laws. We remain fully committed to ensuring that Huntington Beach does its part to address our state’s housing crisis. It has been squandering public money for far too long trying to shirk that responsibility.”
Governor Gavin Newsom commented: “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 said: “This decision once again 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. 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.”
The San Diego Superior Court order requires several actions beyond adopting a compliant housing element within 120 days:
– The June 20, 2024 order finding non-compliance remains effective for penalty purposes under Gov. Code section 65585(l), allowing escalating penalties after one year.
– The city must expedite review and approval of Builder’s Remedy projects.
– Projects eligible for by-right treatment under a draft housing element from 2023 must also be fast-tracked.
– Existing land use policies cannot be used by the city to deny such projects.
– Permitting, rezoning, and subdivision authority is suspended for sites identified in its draft housing element.
In response to these legal actions, Huntington Beach filed a federal lawsuit challenging certain California housing laws’ constitutionality. That lawsuit was dismissed by both district court and appeals court decisions; further review is pending before the U.S. Supreme Court.
The California Attorney General’s office serves as chief law enforcement authority in California with responsibilities including enforcing state laws and advancing civil rights initiatives (official website). Led by Rob Bonta (official website), it operates as part of California’s executive branch (official website) with headquarters in Sacramento (official website). The office provides services such as legal representation, consumer protections, criminal investigations, forensic support, civil rights enforcement, public data transparency through platforms like OpenJustice (official website), and oversees policy areas including environmental justice (official website).