New Legislative Would Authorize Additional Civil Penalties for Violating State Housing Law

Special to the Vanguard

Sacramento, CA – California Attorney General Rob Bonta has announced his support of a bill, authored by Senator Scott Wiener, that would enhance the Attorney General’s ability to seek civil penalties in court against local governments that violate state housing law.

Under the current law, when a court finds a locality in violation of state housing law, monetary penalties can only be imposed for 60 days, or in some cases up to a year, after a court has ordered compliance.

Under Senate Bill 1037 (SB 1037), the Attorney General could instead seek new penalties that are assessed from the date that the housing law violation began.

“In recent years, California has passed numerous laws to speed up the construction of affordable housing. Unfortunately, some local governments have flouted those laws because they know that monetary penalties only kick in weeks or even months after a court order is issued, if ever,” said Attorney General Rob Bonta. “We are in a housing crisis and cannot afford to waste any more time. Senator Wiener and I are announcing SB 1037 to ensure that we can quickly hold accountable those who refuse to follow the law and act in good faith.”

“In a housing crisis as severe as California’s, cities that violate state law to avoid doing their share should not skate by scot-free,” said Senator Scott Wiener. “The state housing laws we’ve passed in recent years rely on swift and effective enforcement from officials such as the Attorney General. I’m happy to be working with Attorney General Bonta to provide a new tool to allow more housing to be built in California.”

SB 1037 targets local governments that refuse to adopt a compliant housing element and/or violate a ministerial approval law.

If enacted, SB 1037 would subject violators to a minimum civil penalty of $10,000 per month, and not to exceed $50,000 per month, for each violation calculated from the date the violation started.

The penalty money would be earmarked to support the development of affordable housing located in the affected jurisdiction.

Under the state’s Housing Element Law, every city and county in California must periodically update its housing plan to meet its share of the regional and statewide housing needs. Laws requiring “ministerial,” or streamlined, approval include Government Code sections 65852.2 and 65852.22, which allow homeowners to add accessory dwelling units, as well as Assembly Bill 2011 concerning affordable housing projects located in commercial zones.

Ministerial review is where public officials, such as local planning staff, ensure that a proposed development meets all applicable objective standards for a proposed action.

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Disclaimer: the views expressed by guest writers are strictly those of the author and may not reflect the views of the Vanguard, its editor, or its editorial board.

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