Governor Newsom warns Norwalk to end its unlawful ban on new homeless shelters and supportive housing

News

Sep 16, 2024

What you need to know: The Department of Housing and Community Development today sent a Notice of Violation to the city of Norwalk for the city's unlawful ban on the development of new homeless shelters and other housing sites. Governor Newsom cites the city's move as counterproductive and immoral as the state continues to address the decades-long homelessness crisis.

SACRAMENTO - In response to the city of Norwalk's recently adopted ordinance banning the establishment of new homeless shelters and other housing, the California Department of Housing and Community Development (HCD) issued the city a Notice of Violation. The notice warns the city of impending legal action if the city does not reverse its policy.

"It is unfathomable that as our state grapples with a homelessness crisis, Norwalk would pass an ordinance banning the building of homeless shelters. It is counterproductive and immoral for any community to throw up their hands and say they've done enough while they still have people in need. We can't leave people in dangerous and unsanitary encampments - the city of Norwalk needs to do its part to provide people with shelter and services."

Governor Gavin Newsom

The state sent Norwalk the notice after the city council on August 6 adopted a 45-day urgency ordinance imposing a moratorium on emergency shelters, single-room occupancy housing, supportive housing, and transitional housing. On September 17, the council will consider whether to extend that ordinance another 10 months and 15 days. The moratorium violates several state planning and fair housing laws, including the Housing Crisis Act, the Anti-Discrimination in Land Use Law, Affirmatively Furthering Fair Housing, and Housing Element Law.

In addition, Norwalk has failed to meet its housing goals as required by state law. The city has only issued permits for 175 units during this housing element cycle, a mere 3.5% of its 5,034 assigned Regional Housing Needs Allocation (RHNA), or the number of units required to ensure that communities have enough housing.

"The City of Norwalk's disingenuous moratorium equates badly needed homes for people struggling the most with liquor stores and payday loans," said HCD Director Gustavo Velasquez. "In doing so, they are harming their own community and blatantly violating a myriad of state housing laws. The only option is to repeal the moratorium and move past this regrettable episode."

The Notice of Violation warns that if Norwalk does not reverse course, HCD may refer the matter to the Attorney General's Office for litigation and may revoke housing element compliance. HCD found the housing element in compliance in November 2023. Norwalk has until September 23 to respond.

"At a time when many Californians are struggling to keep a roof over their heads or lack housing altogether, banning new emergency shelters and new supportive housing not just defies common sense - it is unlawful," said Attorney General Rob Bonta. "Norwalk's residents - indeed all Californians - should be outraged. If necessary, my office stands ready to take legal action against Norwalk."

Norwalk issued the ordinance only weeks after Governor Newsom issued an executive order that, among other things, urges local governments to use the unprecedented funding provided by the state to address unsanitary and dangerous encampments within their communities and provide people experiencing homelessness in the encampments with the care, housing, and supportive services they need. Since 2019, HCD has awarded Norwalk nearly $29 million in housing and homelessness funds.

The notice was issued by HCD's Housing Accountability Unit, which was launched by Governor Newsom in 2021 to assist cities and counties in fulfilling their legal responsibilities to plan for and permit their fair share of housing, and to hold accountable those that fail to do so. This focus on accountability has in part led to a 15-year high in housing starts in California. Since its establishment, the Housing Accountability Unit has supported the development ofmore than 7,400 housing units, including more than 2,700 affordable units, through enforcement actions and by working with local jurisdictions to ensure compliance with housing law. In 2024 the Unit was expanded to include a focus on homelessness issues - including compliance with state laws as they relate to homeless housing.

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