Golden State Today

SACRAMENTO — California Attorney General Rob Bonta and Senator Scott Wiener have put forth a new bill that could revolutionize the repercussions faced by local governments violating the state's housing laws. The legislation, Senate Bill 1037 (SB 1037), aims to empower the Attorney General to seek civil penalties promptly against non-compliant local authorities.

The proposed bill would enable the Attorney General to impose penalties from the inception of a housing law violation, as opposed to the current practice of waiting for a court-ordered compliance period to elapse. Attorney General Rob Bonta expressed his motivation behind SB 1037, stating, "We are in a housing crisis and cannot afford to waste any more time." He emphasized the urgency of the situation, highlighting how some local governments exploit the delayed penalty enforcement to circumvent state housing regulations.

Senator Scott Wiener echoed the sentiment, stressing the importance of enforcing state housing laws swiftly and effectively. He remarked, "In a housing crisis as severe as California’s, cities that violate state law to avoid doing their share should not skate by scot-free." The collaboration between Senator Wiener and Attorney General Bonta signifies a concerted effort to address housing law violations proactively.

The focus of SB 1037 is on penalizing local governments that fail to comply with housing element requirements or breach ministerial approval laws. If enacted, the bill would enforce civil penalties ranging from $10,000 to $50,000 per month per violation, with the accrued fines designated to support affordable housing development within the respective jurisdiction.

The legislation targets adherence to the state's Housing Element Law, mandating cities and counties to update their housing plans regularly to meet regional and statewide housing needs. Additionally, laws facilitating streamlined approval processes, such as Government Code sections 65852.2 and 65852.22, and Assembly Bill 2011, play a pivotal role in expediting affordable housing projects.

The introduction of SB 1037 signifies a significant step towards ensuring compliance with housing laws and fostering the construction of much-needed affordable housing in California.