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- “Huntington Beach officials have wasted vast sums of taxpayer dollars to defend clearly unlawful NIMBY policies. They are failing their own citizens — by wasting time and money that could be used to create much-needed housing. No more excuses — every city must follow state law and do its part to build more housing.” – Governor Gavin Newsom
SACRAMENTO – Governor Gavin Newsom and Attorney General Rob Bonta secured another victory against Huntington Beach after the California Court of Appeal ruled that the city must comply with state housing law. The decision orders the Orange County city to adopt a compliant housing plan within 120 days and places restrictions on its ability to approve development until it does so.
The ruling marks the latest chapter in a years-long battle between state officials and Huntington Beach, a charter city that has resisted California’s requirements to plan for its share of affordable and market-rate housing.
“Huntington Beach officials have wasted vast sums of taxpayer dollars to defend clearly unlawful NIMBY policies. They are failing their own citizens — by wasting time and money that could be used to create much-needed housing. No more excuses — every city must follow state law and do its part to build more housing,” Governor Newsom said.
Attorney General Rob Bonta also underscored the urgency of the ruling. “The deadline for Huntington Beach to submit a compliant housing element was October 15, 2021, nearly four years ago. At a time when California is experiencing a housing crisis of epic proportions, the City’s continued reluctance to follow the law is inexcusable, and we have been in court seeking accountability. Today’s win is an important development. Huntington Beach is running out of excuses, and the consequences for failing to plan for its fair share of housing are becoming clearer and more serious. The City has already lost its federal lawsuit challenging the constitutionality of certain California housing laws, and now it has lost its claim that it is exempt from California’s housing laws.”
California law requires every city and county to adopt a “housing element” as part of its general plan. This document must outline how a jurisdiction will meet its share of the Regional Housing Needs Allocation (RHNA), a process overseen by regional councils of governments in partnership with the state Department of Housing and Community Development (HCD). Huntington Beach’s RHNA allocation for the current planning cycle is 13,368 housing units.
The court emphasized that the Legislature has declared the availability of housing “a priority of the highest order” and that this mandate applies to charter cities as well as general law cities. The justices ruled that Article 14 of the Planning Law, which includes provisions requiring courts to impose a 120-day compliance deadline and restrictions on local permitting and zoning until compliance is achieved, applies broadly to all municipalities.
By rejecting Huntington Beach’s argument that it was exempt as a charter city, the court affirmed that housing obligations are a matter of statewide concern. The decision clarifies that local autonomy does not override state mandates in areas where the Legislature has identified pressing statewide issues, such as housing supply and affordability.
The conflict traces back to October 2021, when Huntington Beach was required to adopt a revised housing element for the sixth planning cycle. The city submitted a draft plan in August 2022, nearly a year late, and later received conditional approval from HCD. But rather than adopting the plan, the City Council voted it down. Councilmembers argued the state had improperly inflated the city’s housing allocation and raised concerns that additional affordable housing would damage the environment and suburban character of the community.
Instead of moving forward, Huntington Beach filed a federal lawsuit in 2023 challenging the constitutionality of California’s housing laws. The lawsuit was dismissed with prejudice, and the Ninth Circuit Court of Appeals upheld the dismissal in 2024.
The city continued to resist, appealing state court orders and attempting to delay enforcement. State officials, joined by the Kennedy Commission, an Orange County affordable housing advocacy group, filed writ petitions seeking to compel compliance. The appellate court’s decision resolves those petitions, requiring Huntington Beach to act and rejecting its claim of exemption.
“This is an important victory in our challenge to Huntington Beach’s refusal to do its fair share in addressing the statewide housing crisis,” said Gustavo Velasquez, Director of the California Department of Housing and Community Development. “Every city, including charter cities, has a legal and moral responsibility to promote housing opportunities for people at all income levels, and HCD will continue to hold Huntington Beach and other recalcitrant jurisdictions accountable.”
The ruling not only compels Huntington Beach to adopt a compliant housing element but also authorizes courts to impose provisional remedies until the city complies. These remedies can include suspending local authority to issue certain building permits, approve zoning changes, or deny housing projects that meet state requirements. The court stressed that these tools are designed to prevent jurisdictions from obstructing state housing goals through delay or litigation.
Governor Newsom has made housing accountability a signature issue, frequently clashing with local governments that resist state mandates. He created the Housing Accountability Unit within HCD to enforce compliance. According to the administration, the unit has supported the development of more than 10,000 homes, including over 3,300 affordable units, since its creation.
The state has also used litigation and settlements to push cities into compliance. Recently, the administration reached an agreement with the city of Norwalk requiring it to overturn an illegal ban on homeless shelters. Newsom’s office has framed these actions as part of a larger structural effort to ensure housing availability for all Californians.
At the same time, the administration has tied housing production to efforts to address homelessness. Proposition 1, approved by voters, funds new shelters, housing, and mental health services. The state has expanded conservatorship laws, created a new CARE Court system, and invested in clearing dangerous encampments while creating pathways to permanent housing.
The state points to measurable results. Between 2014 and 2019, before Newsom took office, unsheltered homelessness in California increased by about 37,000 people. Since then, the state has slowed the rate of growth. In 2024, while homelessness increased nationally by more than 18 percent, California’s increase was limited to 3 percent — a rate lower than in 40 other states. The state also reports the nation’s largest reduction in veteran homelessness and progress in reducing youth homelessness.
The appellate decision sends a clear signal to municipalities across California. The court found that housing is a matter of statewide concern and that even charter cities — which enjoy broader autonomy under the state constitution — are not immune from state housing mandates. The ruling requires Huntington Beach to adopt a compliant plan within 120 days and warns that the city’s permitting powers will be curtailed until it does.
For state leaders, the case represents a test of California’s ability to enforce its housing laws against local resistance. For Huntington Beach, it underscores the mounting legal and political costs of defiance.
As Governor Newsom put it, “No more excuses — every city must follow state law and do its part to build more housing.”
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Breaking News Housing State of California
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Affordable Housing Attorney General Rob Bonta California California Court of Appeal California housing law Court of Appeal Gavin Newsom Governor Gavin Newsom Gustavo Velasquez Huntington Beach Rob Bonta