Commentary: Bonta Seeks Expanded Ability to Intervene When Cities Attempt to Block State Housing Laws

By David M. Greenwald
Executive Editor

Sacramento, CA – When state officials sued Huntington Beach, a wealthy costal city in Orange County, Governor Gavin Newsom proclaimed the city a “poster child for nimbyism.”

The Governor sees the lawsuit as part of the state’s effort to crack down on cities and counties that “that flagrantly violate state housing laws.” The Governor added that a NIMBY, or “not in my backyard,” attitude toward housing could no longer be tolerated.

“My administration will take every measure necessary to hold communities accountable for their failure to build their fair share of housing,” Newsom said.

Attorney General Rob Bonta has led the way on such efforts to press local community to comply with state law—and if he gets his way, this legislative session, he will have more power to do so.

Bonta’s office is sponsoring legislation that would give the AG broader discretion to wade into lawsuits over potential violations of state law.

AB 1485 sponsored by San Francisco Assemblymember Matt Haney, is one such measure that would grant the AG expanded authority to increase the state role in enforcing housing laws.

According to a Chronicle article, Haney noted that while some cities have complied with state mandates on housing, “there are numerous localities where NIMBY (Not in My Backyard) politics motivates local officials to make it too burdensome to approve new housing in existing neighborhoods.

“There are localities all across the state, unfortunately, who are trying to make their areas no-new-housing zones,” Haney said. “And that’s a violation of state law. The attorney general has to have the tools to combat that.”

The push comes as the battle between local communities and the state has already ramped up.

Last week, Huntington Beach attempted to get a Temporary Restraining Order (TRO) to block the state’s enforcement of housing laws while litigation in the case was ongoing.

The AG’s office argued, “California’s housing laws are not only legally sound, but crucial to addressing California’s ongoing housing crisis.”

“I’ve said it before and I’ll say it again: Local governments don’t get to pick and choose which state laws they want to follow. Huntington Beach’s lawsuit is another baseless and obstructionist attempt by the city to defy state housing laws,” said Attorney General Bonta.

The AG added, “Our state housing laws are a crucial tool for bringing much needed affordable housing to our communities. I applaud the court for today’s decision denying Huntington Beach’s latest attempt to block their city’s residents from accessing crucial housing opportunities afforded by state law. The California Department of Justice will continue to fight to increase housing supply throughout the state, and hold Huntington Beach accountable to state law.”

Polling shows that a vast majority of voters are concerned with housing affordability.

A February Survey by PPIC for example showed that 74 percent of voters view housing affordability as a major issue while nearly 90% are worried that younger generations won’t be able to afford a home in the state.

It’s not just lawsuits—it is also legislation that would streamline approvals.

AB 68, supported by California YIMBY and The Nature Conservancy, would streamline approvals for housing in communities that are hubs for transit and jobs, while attempting to prevent sprawl into rural regions where wildfires and floods are more common.

Breach along with Liz O’Donoghu from nature Nature Conservancy recognize that the housing shortage and climate crisis are not unrelated to each other.

Breach  told the LA Times this week, that the two are in fact “inextricably linked” and that AB 68 offers a solution to both.

“We want to encourage housing in existing communities where people really want to live,” Breach said. “And we want to protect people from the incredibly high risk of fire and flood, and all the other climate risks associated with that.”

In a joint op-ed, Breach and O’Donoghu argue, “Expanding development into natural lands not only puts more people in harm’s way; it also increases the likelihood, frequency and devastation of fires, floods and other disasters.”

“Too many Californians have been forced to live in areas that are in the crosshairs of catastrophic climate impacts,” said Melissa Breach.

She explained, “Our housing policies should minimize risk and protect our residents – but instead, they’re adding fuel to the fire. We have to deprioritize building homes in hazard zones and instead prioritize housing closer to jobs and services, so people can spend more time with their families – and less time in polluting traffic. AB 68 will ensure we build safe and affordable homes in our communities and give more Californians access to a climate-safe future.”

But in order to streamline approvals, the state at times has been forced to go to court to make sure such processes are in fact streamlined.

That is a long and arduous process.

SB 1485 which was unveiled this week, would at least according to their view, help alleviate the problem of cities attempting to block new housing laws.

According to the Chronicle, “While the attorney general already has the ability to file lawsuits against cities that violate housing law under a public right of action, many housing lawsuits in the state have come from YIMBY (Yes in My Backyard) groups. Housing activists said such cases filed under a private right of action are needed because Bonta’s office alone cannot police the sheer volume of violations.”

“The attorney general is going to be more and more involved in implementing and enforcing state housing laws,” said Senator Scott Wiener.  “That’s a big, powerful message that when we pass a state housing law, it’s not a suggestion, it’s a requirement.”

“Ensuring that all Californians have access to affordable housing is a top priority for my office, and we’ve been actively working to enforce state housing laws and address our housing crisis,” Bonta said.

Will this be enough to remove the logjam?  Time will tell.