California Construction News staff writer
Gov. Gavin Newsom is escalating the state’s fight with local governments over housing shortages, announcing legal action against five cities accused of failing to comply with state laws requiring them to plan for new housing.
The state filed actions against Calexico, Costa Mesa, Half Moon Bay, Ridgecrest and Turlock, saying the cities have failed to adopt legally required housing plans despite being more than two years past their deadlines.
“California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it,” Newsom said. “These five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they’ll answer for it in court.”
The move is part of California’s broader effort to ensure cities and counties meet housing obligations under state law. Officials said more than 95% of jurisdictions have adopted compliant housing plans during the current planning cycle.
California Attorney General Rob Bonta said local governments must take responsibility for addressing the state’s housing shortage.
“California’s housing crisis demands action, not excuses,” Bonta said. “Jurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need.”
Since 1969, California law has required every city and county to include a housing element in its general plan outlining how it will accommodate housing needs at all income levels. The state assigns each jurisdiction a share of regional housing needs, and local governments must show how they will meet those targets.
The California Department of Housing and Community Development said it gave the five cities multiple opportunities to comply, including formal notices of violation, response periods and meetings to address outstanding issues.
The state said jurisdictions that fail to comply can face consequences, including losing certain zoning protections under the Housing Accountability Act. Noncompliant cities may also become subject to the “Builder’s Remedy,” which can allow qualifying housing projects to proceed despite local zoning restrictions.
Under Senate Bill 1037, signed into law in 2024, cities that remain out of compliance may also face civil penalties that are directed toward affordable housing efforts in their communities.
The latest actions follow previous enforcement efforts that resulted in settlements with several cities, including Hollister, Artesia, La Habra Heights, Malibu, Fullerton, Coronado and San Bernardino.
The state also cited its ongoing legal battle with Huntington Beach as an example of enforcement consequences. In May, a Superior Court judge ordered the city to pay $160,000 in penalties, with fines increasing by $50,000 per month until it complies with state housing law.
Newsom created the Housing Accountability Unit within the state housing department to enforce housing requirements and help increase housing production. The state said the unit has supported the development of more than 13,500 housing units, including nearly 3,900 affordable units.
Officials said additional legal action could be taken against cities and counties that continue to ignore state housing requirements.
