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California housing laws prompt dueling lawsuits

By: The Associated Press//March 10, 2023//

California housing laws prompt dueling lawsuits

The Associated Press//March 10, 2023//

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A man looks out from the Huntington Beach Pier last month. The city is being accused of ignoring California housing laws in a lawsuit filed by the state. (Ashley Landis/AP file)

By Amy Taxin and Adam Beam

The Associated Press

HUNTINGTON BEACH, Calif. 鈥 California鈥檚 attempts to force its wealthy coastal cities to build more affordable housing spawned two lawsuits on Thursday, revealing tensions around the bid to solve a crisis that has contributed to a surge in the homeless population in the nation鈥檚 most populous state.

Attorney General Rob Bonta sued Huntington Beach on Thursday morning, accusing the seaside city known for its surf culture and iconic pier of ignoring state laws requiring it to approve more affordable housing and to build more than 13,000 new homes over the next eight years.

State housing officials say California needs an additional 2.5 million homes by 2030 to keep up with demand. But currently, only about 125,000 houses are built in the state each year. Meanwhile, approximately 170,000 Californians are homeless on any given night, accounting for nearly one-third of the nation鈥檚 unsheltered population, according to federal data.

, filed in Orange County Superior Court, asks a judge to order the city to comply with the law and to impose a fine.

鈥淭his is the colossal challenge that California is confronting,鈥 Bonta said. 鈥淭he message we鈥檙e sending to the city of Huntington Beach is simple: Act in good faith, follow the law and do your part to increase the housing supply. If you don鈥檛, our office will hold you accountable.鈥

Hours later, defiant city officials announced their own lawsuit, asking a federal judge to block the state from forcing the city to build a wave of new homes they said would transform the suburban community into an urban one.

鈥淚 am committed to defend the city and its wonderful property owners who enjoy this quiet suburban beach town,鈥 Huntington Beach Mayor Tony Strickland said.

Huntington Beach, dubbed 鈥淪urf City USA,鈥 has a largely suburban feel with residential neighborhoods of single-family homes flanked by busy main roads linked with strip malls and office buildings.

Last year, four new councilmembers won election with a politically conservative bent. Since taking office, the four-member council majority has taken on state housing mandates and limited the flying of flags on city property 鈥 the LGBT rainbow flag that flew in the city the past two years was removed.

Huntington Beach, California, is known as 鈥楽urf City USA.鈥 City officials announced they will ask a federal judge to block the state from forcing the city to build new housing. (Ringo H.W. Chiu/AP file)

The dispute with the state centers on the Regional Housing Needs Allocation, a process that requires cities to formulate a plan every eight years on how they will meet housing demand set by the state.

California has told Huntington Beach it must build 13,368 new homes over the next eight years. The city is supposed to come up with a plan on how it will do that, and that plan must be approved by the state.

The state punishes cities that don鈥檛 have state-approved housing plans by letting developers come in and build affordable apartment buildings without asking for local permission 鈥 a penalty known as the 鈥渂uilder鈥檚 remedy.鈥 The Huntington Beach City Council at its next meeting will consider a proposed ordinance that would exempt the city from this penalty 鈥 an ordinance state officials say would be illegal.

A state law, passed in 2019, says a state judge can impose fines starting at $10,000 per month for cities that refuse to comply. The law also says the court can appoint someone 鈥渨ith all the powers necessary鈥 to force the city into compliance.

This is the second time California officials have sued Huntington Beach for not following state housing laws. The city聽 in 2020.

California鈥檚 housing and homelessness issues have worsened each year despite Gov. Gavin Newsom and the Democratic-controlled state Legislature spending billions of taxpayers鈥 dollars to address the problem. Nearly all of that money has gone to local governments, which have their own housing and homelessness policies.

State leaders have repeatedly tried to shape those local policies via state laws and regulations.

Newsom, who won reelection in November and is seen as a potential presidential candidate one day, has aggressively challenged local governments to comply with state standards. Last year, he delayed $1 billion in homelessness funding for local governments because he said their plans for spending the money weren鈥檛 good enough.

Newsom later released the money after a closed-door meeting with local officials.

鈥淲e need to do more, to do better as a state to address the original sin that is affordability,鈥 he said. 鈥淎t the end of the day, it鈥檚 the number one issue that connects all the other bills and challenges and sins of the state together 鈥 the cost of living.鈥

Editor鈥檚 note: Beam reported from Sacramento, California.



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