The Battle Over Housing: State vs. Local Government
Gov. Gavin Newsom and other state officials announced on Monday that they are extending their lawsuit against Surf City, Huntington Beach, in a bid to hold the city accountable for its failure to establish a new housing plan.
“Huntington Beach continues to fail its residents,” Newsom said in a statement issued on Monday. “California will continue to take all necessary steps to ensure that everyone is building their fair share of homes while not breaking the law to the disadvantage of the area.”
The Stalemate on Housing Plans
The city of Huntington Beach has been discussing a new housing plan since the old state-mandated one expired 16 months ago. However, in a 4-3 vote last Tuesday, city council members rejected the proposed plan, leaving the city without a strategy for meeting the state’s growth targets. Officials from the state are already modifying their case to include Huntington Beach as a defendant for that decision.
Political Tensions Rise
The newly elected Republican majority on the Huntington Beach City Council has often sparred with Democratic Mayor Gavin Newsom over these regulations, alleging that the 13,368 units imposed on Surf City are excessive.
Mayor Tony Strickland proclaimed at last week’s city council meeting that governance closer to the people is better for the people. “He (Newsom) isn’t there. He is not a resident of this city. We are present in the community and we represent,” Strickland said. In a statement posted to the city’s website on Monday night, Strickland questioned why the state was singling out Huntington Beach, adding that well over 200 other communities still lacked approved housing plans.
Legal Battles Ensue
When the City of Huntington Beach and the state sued each other last month for violations of multiple parts of the state housing code, the legal battles between the two parties formally began.
In Huntington Beach’s federal complaint, City Attorney Michael Gates claimed that the state had no authority to determine how much housing the city was zoned for and requested the courts to intervene to stop any penalties until the matter was settled.
However, a judge rejected the plea and noted that the city had failed to demonstrate that they would likely triumph in the matter if it went to trial.
The Consequences of Non-Compliance
On Monday, however, Attorney General Rob Bonta added a new accusation to the complaint: the city’s unwillingness to implement a state-mandated housing plan. They also want Huntington Beach to suffer consequences. Bonta remarked, “Huntington Beach has repeatedly demonstrated that they are part of the problem by resolutely rejecting every opportunity to build critical homes for its own inhabitants.”
Furthermore, it may result in a state fine known as the “builder’s remedy,” a legislation that allows developers to avoid obtaining local approval for housing construction projects if 20% of the dwellings are affordable.
The Future of Housing in Huntington Beach
According to a press release from the Governor’s office on Monday, “Huntington Beach continues to break the state Housing Element Law, the Builder’s Remedy is in effect, and the city must approve Builder’s Remedy projects that meet the law’s requirements.”
The ongoing legal battle between the state and Huntington Beach highlights the complexities and challenges of addressing California’s housing crisis. As the case unfolds, it will set a precedent for how state and local governments navigate the intricate landscape of housing policy and law.
