Attorney General Bonta, Newsom Administration Take Legal Action Against Local Governments for Failing to Comply with California’s Housing Element Law

Five local governments were provided multiple opportunities to comply before enforcement

OAKLAND — California Attorney General Rob Bonta and the California Department of Housing and Community Development (HCD) today announced enforcement actions against five local governments that have failed to comply with California’s Housing Element Law. The actions are part of a coordinated effort by Governor Gavin Newsom, HCD, and the Attorney General’s Office to achieve statewide compliance with the law by the end of the year. Under California’s Housing Element Law, every city and county must update its housing plan every eight years to meet its Regional Housing Needs Allocation, or its share of the regional and statewide housing needs. 

California is currently in the sixth “housing element update cycle,” which requires local governments to plan for approximately 2.5 million additional homes statewide — the most ambitious housing planning effort in the state’s history. As this planning period concludes, HCD identified local governments across the state that remained out of compliance with the Housing Element Law. While two-thirds of those jurisdictions have since come into compliance or are expected to do so in the coming months, HCD referred five jurisdictions that are still out of compliance to the Attorney General’s Office for enforcement, resulting in the legal actions announced today.

“California’s housing crisis demands action, not excuses,” said Attorney General Rob Bonta. “Jurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need. We are well past the halfway point of the current housing planning cycle, and timely compliance is not optional. As I’ve said many times, no local government has to solve this challenge alone, but every local government has to do its fair share. Today, we’re showing how serious we are about ensuring that every city and county in California adopts a housing element. Restoring the California dream will take an all-hands-on-deck effort.”

“California can't solve the housing crisis while some cities sit on their hands and dare us to do something about it,” said Governor Gavin Newsom. “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. Housing law applies statewide, and no city gets a pass.” 

“The vast majority of California's cities and counties have stepped up to achieve housing element compliance,” said HCD Director Gustavo Velasquez. “For the small number that are still falling short, the actions we are taking today should send a clear message: no community is exempt from doing its part to solve our housing crisis. Alongside Attorney General Bonta, Governor Newsom and HCD will continue to hold local governments accountable for complying with state law.” 

The following five jurisdictions are being held accountable for failing to meet their obligations under the Housing Element Law:

1. Calexico (writ petition filed in Imperial County Superior Court)
2. Costa Mesa (writ petition filed in Orange County Superior Court)
3. Half Moon Bay (writ petition filed in San Mateo County Superior Court)
4. Ridgecrest (writ petition filed in Kern County Superior Court)
5. Turlock (writ petition filed in Stanislaus County Superior Court) 

HCD provided the jurisdictions multiple opportunities to address violations before referring them to the Attorney General’s Office for enforcement, issuing notices of violation and written findings, allowing each jurisdiction 30 days to submit a written response, and offering two meetings to discuss the violations and potential solutions. With HCD’s guidance and technical assistance, coupled with enforcement, over 95% of California communities have attained housing element compliance in the sixth cycle.  

Writ petitions — legal actions asking a court to require jurisdictions to follow the law — have been filed against these jurisdictions in the Attorney General’s independent capacity and on behalf of HCD. Jurisdictions may resolve their violations by entering into consent decrees or stipulated judgments establishing a streamlined timeline for achieving compliance. The Attorney General and Newsom Administration may file additional writ petitions against cities and counties that remain out of compliance after receiving notices of violation from HCD. 

Under a recent law sponsored by Attorney General Bonta — Senate Bill 1037 (Wiener, 2024), which was signed into law and took effect January 1, 2025 — local governments are liable for civil penalties for each month that they failed to timely comply with the Housing Element Law. Penalties collected are deposited into the Building Homes and Jobs Trust Fund, which supports the development of affordable housing located in the affected jurisdiction. And under California’s Housing Accountability Act (HAA), failure to adopt a timely and compliant local housing plan triggers the so-called “Builder’s Remedy.” Once subject to the Builder's Remedy, a local government generally may not deny certain housing projects — in particular, those that include certain thresholds of low- or moderate-income units — for inconsistency with zoning or land use designation. 

The housing element is a crucial tool for building housing for moderate-, low-, and very low-income Californians and redressing historical redlining and disinvestment. State income limits for what constitutes moderate-, low-, and very low-income Californians vary by county and can be found here. Among other things, a compliant housing element must include an assessment of housing needs, an inventory of resources and constraints relevant to meeting those needs, and programs to implement the policies, goals, and objectives of the housing element. Once adopted, a housing element is implemented through zoning ordinances and other actions that put its objectives into effect and facilitate the construction of new homes for Californians at all income levels. 

In close partnership with the Newsom Administration, Attorney General Rob Bonta has been laser focused on promoting affordability by tackling California’s housing shortage and ensuring local governments meet their obligations under state housing law. Together, they have reached settlement agreements with the cities of Hollister, Artesia, La Habra Heights, Malibu, Fullerton, Coronado, and San Bernardino, securing commitments from these jurisdictions to bring their housing plans into compliance.