BAKERSFIELD, Calif. (KBAK/KBFX) — California officials moved to take five cities to court, including Ridgecrest, alleging the jurisdictions have failed to comply with state law requiring them to plan for new housing as part of California’s effort to address its housing crisis.

California Attorney General Rob Bonta and the California Department of Housing and Community Development announced enforcement actions against Calexico, Costa Mesa, Half Moon Bay, Ridgecrest and Turlock for failing to comply with California’s Housing Element Law. The actions are part of a coordinated effort by Gov. Gavin Newsom, the California Department of Housing & Community Development (HCD) and the Attorney General’s Office aimed at achieving statewide compliance with the law by the end of the year.

Under California’s Housing Element Law, every city and county must update its housing plan every eight years to meet its Regional Housing Needs Allocation, or its share of regional and statewide housing needs. California is in the sixth housing element update cycle, which requires local governments to plan for about 2.5 million additional homes statewide.

As the planning period concludes, HCD identified jurisdictions that remained out of compliance. While two-thirds of those jurisdictions have since come into compliance or are expected to do so in the coming months, HCD referred five jurisdictions still out of compliance to the Attorney General’s Office for enforcement.

“California’s housing crisis demands action, not excuses,” Bonta said in a statement. “Jurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need.”

Bonta said the state is “well past the halfway point of the current housing planning cycle” and that “timely compliance is not optional.” He added, “No local government has to solve this challenge alone, but every local government has to do its fair share.”

Newsom stated, “California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it.” He said the five jurisdictions “had every chance to follow the law and plan for their fair share of housing,” adding, “They chose not to, so now they’ll answer for it in court. Housing law applies statewide, and no city gets a pass.”

Writ petitions were filed in each jurisdiction’s county superior court, seeking court orders requiring the jurisdictions to follow the law. The filings include:

Ridgecrest, with a writ petition filed in Kern County Superior CourtCalexico, with a writ petition filed in Imperial County Superior CourtCosta Mesa, with a writ petition filed in Orange County Superior CourtHalf Moon Bay, with a writ petition filed in San Mateo County Superior CourtTurlock, with a writ petition filed in Stanislaus County Superior Court

HCD said it provided multiple opportunities for the jurisdictions to address violations before referring the cases for enforcement, including notices of violation and written findings, a 30-day window for each jurisdiction to submit a written response, and two meetings to discuss violations and potential solutions. With HCD guidance and technical assistance, along with enforcement, over 95% of California communities have attained housing element compliance in the sixth cycle.

Officials said jurisdictions can resolve violations by entering into consent decrees or stipulated judgments that establish a streamlined timeline for achieving compliance. The Attorney General and the Newsom administration may file additional writ petitions against cities and counties that remain out of compliance after receiving violation notices from HCD.

A recent law sponsored by Bonta, Senate Bill 1037 (Wiener, 2024), was signed into law and took effect Jan. 1, 2025. Under the law, local governments are liable for civil penalties for each month they fail to comply with the Housing Element Law. Penalties collected are deposited into the Building Homes and Jobs Trust Fund, which supports the development of affordable housing located in the affected jurisdiction.

The state also cited the Housing Accountability Act, under which failure to adopt a timely and compliant local housing plan triggers the “Builder’s Remedy.” Once subject to the Builder’s Remedy, a local government generally may not deny certain housing projects, particularly those that include certain thresholds of low- or moderate-income units, for inconsistency with zoning or land use designation.

State officials described the housing element as a key tool for building housing for moderate-, low-, and very low-income Californians and for addressing historical redlining and disinvestment. A compliant housing element must include an assessment of housing needs, an inventory of resources and constraints relevant to meeting those needs, and programs to implement the housing element’s policies, goals and objectives. Once adopted, the housing element is implemented through zoning ordinances and other actions intended to facilitate the construction of new homes for Californians at all income levels.

In previous enforcement efforts, the Attorney General’s Office and the Newsom administration have reached settlement agreements with the cities of Hollister, Artesia, La Habra Heights, Malibu, Fullerton, Coronado and San Bernardino, securing commitments from those jurisdictions to bring their housing plans into compliance.