California city faces lawsuit over ‘illegal prohibition on new housing.’
California Attorney General Rob Bonta announced on Monday, November 4, that the state has filed a lawsuit against Norwalk over its new ordinance that prohibits the establishment of homeless shelters and other housing developments.
“Norwalk has breached several aspects of California’s housing law,” Bonta stated during a press conference. This ordinance came in response to Los Angeles County’s efforts to open a temporary housing program at a motel in Norwalk.
Governor Gavin Newsom criticized the Norwalk City Council for not reversing the ban, despite its illegality. “No community should turn its back on its residents in need,” he emphasized.
On October 3, the Department of Housing and Community Development (HCD) rescinded Norwalk’s compliance with state housing element regulations. The attorney general’s office indicated that this noncompliance prevents Norwalk from rejecting certain affordable housing initiatives and makes the city ineligible for important state housing and homelessness funding.
During the Los Angeles press conference, Bonta and HCD Director Gustavo Velasquez outlined how Norwalk’s actions constituted a violation of the law. “Norwalk’s moratorium on housing for its most vulnerable residents is not just illegal—it signifies a denial of their basic health, safety, and humanity,” Velasquez remarked.
They pointed out that Norwalk, along with cities like Huntington Beach and Elk Grove, is an outlier in not adhering to state regulations.
The lawsuit seeks a court order to temporarily halt the city’s nonresidential permitting authority and prevent Norwalk from denying eligible affordable housing projects. “Enough is enough,” Bonta stated. “Every city and county in California is legally obligated to contribute to resolving our homelessness crisis. We will not hesitate to ensure that those with the authority to approve or disapprove housing take their responsibilities seriously.”
The lawsuit, filed in Los Angeles Superior Court, also aims to compel Norwalk to revoke its moratorium. The defendants include the city of Norwalk, the Norwalk City Council, and City Manager Jesus Gomez.
Levy Sun, a spokesperson for Norwalk, indicated that the city had not yet received the lawsuit. “We’ll provide a response once we have been served,” Sun noted in an email.
The lawsuit alleges that Norwalk violated several laws, including the urgency ordinance statute, the Housing Crisis Act, the Housing Element Law, the Anti-Discrimination in Land Use Law, the Affirmatively Furthering Fair Housing Law, and the by-right laws concerning supportive housing and emergency shelters.
In August, the Norwalk City Council enacted a moratorium on land uses related to emergency shelters and supportive housing, which was extended for another 10 months in September, leading to threats and legal actions from the state.