Attorney General Bonta, Newsom Administration File Lawsuit Against Norwalk Over Unlawful Housing Ban

Lawsuit seeks court order compelling Norwalk to repeal housing ban

LOS ANGELES - California Attorney General Rob Bonta, Governor Gavin Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez today announced filing a lawsuit against the City of Norwalk over its unlawful ban on new housing for California's most vulnerable residents, including emergency shelters, single-room occupancy housing, transitional housing, and supportive housing. Filed in the Los Angeles County Superior Court, the lawsuit alleges that Norwalk's ban violates numerous state laws and seeks an order compelling the city to repeal its ban. In addition, the lawsuit asks the court to impose other remedies afforded under state law such as temporarily suspending the city's nonresidential permitting authority and prohibiting the city from denying qualifying affordable housing projects.

"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," said Attorney General Rob Bonta. "Every city and county in California has a legal obligation to help solve our homelessness crisis. We have not, and will not hesitate, to ensure that everyone with the power to approve or disapprove housing takes their duties seriously."

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

"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," said HCD Director Gustavo Velasquez. "We're grateful for the Attorney General's partnership to ensure all cities and counties are held accountable when they fail to comply with state housing law. I am disappointed the city did not reverse course on its own accord, choosing instead to waste time and public resources and be forced by the court to do the right thing."

Today's lawsuit alleges that Norwalk has violated (1) California's urgency ordinance statute; (2) the Housing Crisis Act; (3) the Housing Element Law; (4) the Anti-Discrimination in Land Use Law; (5) the Affirmatively Furthering Fair Housing Law; and (6) the by-right laws for supportive housing and emergency shelters.

On July 13, 2023, Attorney General Bonta issued legal guidance to local governments, reminding them of the strict requirements under state law for enacting so-called "urgency zoning ordinances." The California Department of Justice observed that some local jurisdictions were responding to state housing laws passed in recent years by enacting such ordinances in an apparent attempt to limit or circumvent state housing mandates. Under California Government Code Section 65858, urgency zoning ordinances require written "legislative findings that there is a current and immediate threat to the public health, safety, or welfare" demanding immediate action.

Without the required legislative findings or any deliberation, the five-member Norwalk City Council unanimously passed on August 6, 2024 an urgency zoning ordinance imposing a 45-day ban, or moratorium, on new supportive housing. On September 16, 2024, HCD issued a Notice of Violation to the city, warning of impending legal action if the city did not repeal the ban. Despite the warning, the Norwalk City Council unanimously extended the ban on September 17, 2024 for an additional 10 months and 15 days, once again without the required legislative findings or any deliberation. On October 3, 2024, Governor Gavin Newsom announced that HCD had decertified Norwalk's housing element. Without a compliant housing element, Norwalk can no longer deny certain affordable housing projects and is no longer eligible to receive key state housing and homelessness funds. To date, Norwalk has not repealed the ban.

A copy of the lawsuit can be found here.