California city sued over ‘unlawful ban on new housing’
California Attorney General Rob Bonta Monday, Nov. 4, announced that the state of California has filed a lawsuit against the city of Norwalk over its passage of an ordinance that blocks new homeless shelters and other housing projects.
“Norwalk has violated multiple components of the housing law in California,” Bonta said during a press conference.
Filed in Los Angeles Superior Court Monday, Bonta said, the lawsuit also seeks an order compelling the city to repeal its moratorium.
The lawsuits lists the city of Norwalk, Norwalk City Council and Norwalk City Manager Jesus Gomez as defendants.
Levy Sun, a spokesperson for Norwalk, said Monday afternoon that the city had not yet been served.
“We’ll publish a response once received,” Sun said in an email.
The lawsuit alleges that Norwalk violated California’s urgency ordinance statute, the Housing Crisis Act, the Housing Element Law, the Anti-Discrimination in Land Use Law, the Affirmatively Furthering Fair Housing Law and the by-right laws for supportive housing and emergency shelters.
In August, Norwalk City Council approved a moratorium on land uses that included emergency shelters and supportive housing. The city extended the moratorium for an additional 10 months in September and since then has been the subject of threats and legal action from the state.
The moratorium was a response to L.A. County attempting to open an interim housing program at a Norwalk motel.
“The Norwalk City Council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable,” Gov. Gavin Newsom said in a statement. “No community should turn its back on its residents in need.”
On Oct. 3, the Department of Housing and Community Development revoked Norwalk’s compliance with state housing element law.
According to the attorney general’s office, not being in compliance means that Norwalk can no longer deny certain affordable housing projects and is no longer eligible to receive key state housing and homelessness funds.
Bonta and HCD Director Gustavo Velasquez spoke during the press conference held in Los Angeles describing how in the state’s view Norwalk had broken the law by its actions.
“Norwalk’s moratorium on housing for its most vulnerable residents is not only unlawful — it is a rejection of people’s basic health, safety, and humanity,” Velasquez said.
They said Norwalk and cities like Huntington Beach and Elk Grove, which have also drawn the attention of the state, are outliers when it comes to cities following state law.
The lawsuit asks the court to temporarily suspend the city’s nonresidential permitting authority and prohibit the city from denying qualifying affordable housing projects, according to the AG’s office.
“Enough is enough,” Bonta said. “Every city and county in California has a legal obligation to help solve our homelessness crisis. We have not, and will not hesitate, to ensure that everyone with the power to approve or disapprove housing takes their duties seriously.”