California is suing a southern California city for its recent ban on homeless shelters.
Attorney General Rob Bonta announced the lawsuit on Monday.
The backstory: In September, the Norwalk City Council extended its temporary ban on new homeless shelters and emergency housing for over 10 months.
- The city council had unanimously passed a 45-day moratorium on new supportive housing on Aug. 6.
- California Gov. Gavin Newsom responded by telling Norwalk that it was violating state law.
Driving the news: Norwalk passed its law based on the Housing Crisis Act, which allows local governments to ban housing when there is “an imminent threat” to public health and safety.
The big picture: Bonta alleges that Norwalk’s ban violates numerous state laws, including the Housing Crisis Act and the Anti-Discrimination in Land Use Law.
- The lawsuit follows BOnta’s legal guidance to local governments in July 2023 that reminded them of the strict requirements for enacting urgency zoning ordinances.
- Bonta stated that urgency zoning ordinances require written legislative findings that there is a current and immediate threat to the public health, safety or welfare that demands immediate action. The lawsuit argues that Norwalk has no evidence to support that new shelters constitute such a threat.
What they’re saying: Bonta said in a statement that the lawsuit should come as no surprise given the several warnings the state has issued to Norwalk.
- “Enough is enough,” Bonta said. “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.”
- Newsom added, “The Norwalk City Council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable. No community should turn its back on its residents in need.”
