\u201cCalifornia can\u2019t solve the housing crisis while some cities sit on their hands and dare us to do something about it,\u201d Governor Gavin Newsom said in a statement. \u201cThese five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they\u2019ll answer for it in court. Housing law applies statewide, and no city gets a pass.\u201d<\/p>\n
The five cities are at least 2 1\/2 years behind compliance with the law, which dates back to 1969 and requires municipalities to update every five or eight years their planning for new housing at every income level through a so-called housing element.<\/p>\n
For each cycle, the state\u2019s Department of Housing and Community Development assigns every city and county a share of the state\u2019s housing needs, and the jurisdictions\u2019 housing elements must show, in specific terms, how they will meet that number and clear the barriers standing in the way.<\/p>\n
Housing and Community Development reviews and must approves every housing element before it can be adopted.<\/p>\n
The requirement doesn\u2019t demand that municipalities build new housing \u2014 only that they have an updated plan and done the needed rezoning for new construction.<\/p>\n
The California Attorney General\u2019s Office noted the housing element is an important tool to combat historical redlining and disinvestment.<\/p>\n
\u201cCalifornia\u2019s housing crisis demands action, not excuses,\u201d Attorney General Rob Bonta said. \u201cJurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need.”<\/p>\n
Cities that are out of compliance with the Housing Element Law can be subject to the \u201cbuilder\u2019s remedy,\u201d which curtails their ability to reject qualifying low- and moderate-income housing projects on zoning grounds. They also face civil penalties that go toward affordable housing in that same community.<\/p>\n
Representatives of the five cities didn\u2019t immediately respond to emails seeking comment on the lawsuits.<\/p>\n
Huntington Beach, a conservative enclave in the mostly left-leaning state, has been unsuccessfully fighting California in court over the city\u2019s lack of compliance with the housing element mandate.<\/p>\n
The California Supreme Court last December rejected<\/a> an appeal Thursday by Huntington Beach to review a ruling that forced the small seaside city to produce a plan to allow for more housing, despite its status as a charter city.<\/p>\n In May, a Superior Court judge ordered the city to pay $160,000 in penalties, with fines climbing to $50,000 a month until it comes into compliance.<\/p>\n