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California sues Norwalk over housing ban affecting vulnerable populations

LEGAL NEWSLINE

Monday, November 25, 2024

California sues Norwalk over housing ban affecting vulnerable populations

State AG
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Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta, Governor Gavin Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez have filed a lawsuit against the City of Norwalk. The lawsuit challenges Norwalk's ban on new housing for vulnerable populations, including emergency shelters and supportive housing. Filed in Los Angeles County Superior Court, the suit alleges violations of state laws and seeks to compel Norwalk to repeal its ban.

Attorney General Rob Bonta stated, "Today’s lawsuit should come as no surprise. Despite receiving several warnings, the City of Norwalk has refused to repeal its unlawful ban on new supportive housing for our most vulnerable residents. Enough is enough." He emphasized the legal obligation cities have to address homelessness.

Governor Gavin Newsom criticized Norwalk's actions: "The Norwalk City Council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable. No community should turn its back on its residents in need."

HCD Director Gustavo Velasquez added, "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." He expressed disappointment that the city did not voluntarily comply with state law.

The lawsuit cites multiple legal violations by Norwalk: California’s urgency ordinance statute; the Housing Crisis Act; the Housing Element Law; Anti-Discrimination in Land Use Law; Affirmatively Furthering Fair Housing Law; and laws regarding supportive housing and emergency shelters.

On July 13, 2023, Attorney General Bonta issued guidance to local governments about urgency zoning ordinances. These ordinances require legislative findings of an immediate threat to public welfare under California Government Code Section 65858. However, without such findings or deliberation, Norwalk passed an urgency zoning ordinance on August 6, 2024.

Despite a Notice of Violation from HCD on September 16, 2024 warning of legal action if the ban was not repealed, Norwalk extended it on September 17 for an additional period without necessary legislative findings. On October 3, Governor Newsom announced that HCD decertified Norwalk’s housing element due to non-compliance with state requirements.

The lawsuit seeks court intervention to force compliance with state laws concerning affordable housing projects.

A copy of the lawsuit can be found here.

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