California Cities Sued Over Housing Mandate Evasion

Pro-housing organizations have initiated a series of lawsuits targeting three California cities, alleging they are deliberately obstructing the development of more housing in proximity to public transit. The lawsuits, filed by the nonprofit Californians for Homeownership, specifically name San Diego, San Francisco, and Montebello. These cities are accused of implementing barriers that directly contravene Senate Bill 79, a state law designed to encourage dense residential construction near transit hubs. Californians for Homeownership, which receives financial backing from the California Association of Realtors, stated that the litigation aims to compel these three municipalities to accelerate their approval processes for new housing projects. This legal action occurs against the backdrop of Governor Gavin Newsom's broader initiative to enforce denser housing development across the state in an effort to mitigate escalating housing costs. Governor Newsom has previously taken legal action against localities that have erected obstacles to the creation of affordable housing. Tamara Suminski, president of the California Association of Realtors, asserted in a statement that cities throughout California must adhere to the legislative framework established for housing development. She further emphasized that through these lawsuits, Californians for Homeownership is actively contributing to addressing housing affordability challenges via impact litigation. The state's housing affordability has been a persistent issue, with Realtor.com®'s housing affordability report card assigning California an 'F' grade for the past two consecutive years. Governor Newsom has since intensified his focus on increasing housing stock within the state, particularly promoting denser housing options in areas that have historically resisted such development. Potential successors to Governor Newsom have also identified local opposition to homebuilding as a significant impediment. The housing advocacy group, in conjunction with the California Housing Defense Fund, has lodged three separate lawsuits in the respective counties where each targeted city is located. According to Matthew Gelfand, the nonprofit's in-house litigator, each lawsuit details distinct strategies employed by the cities to create exclusionary practices or legal impediments that hinder housing construction. In the case of San Diego, the lawsuit contends that the city is asserting an exemption from the state's housing mandates.