California Attorney General Rob Bonta and Governor Gavin Newsom have welcomed a decision by the Supreme Court of California to deny the City of Huntington Beach’s petition for review in Kennedy Commission v. Superior Court. The city had sought to challenge an appellate court ruling that found its status as a charter city did not protect it from certain judicial remedies related to violations of California’s Housing Element Law.
The legal dispute began when Attorney General Bonta, Governor Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez filed a lawsuit against Huntington Beach on March 9, 2023. The suit alleged that the city failed to adopt a compliant housing element in a timely manner, as required by state law. The state requested a court order setting a 120-day deadline for compliance and restrictions on permitting, zoning, and subdivision approvals until the city met its obligations.
On May 15, 2024, San Diego Superior Court ruled that Huntington Beach had violated the Housing Element Law but did not include all remedies sought by the state in its final order. The California Fourth District Court of Appeal later determined that this was an error and directed the lower court to issue an order with the requested relief measures.
With the Supreme Court declining to review the case, the appellate ruling stands. This means that Huntington Beach must comply with state housing requirements under judicial oversight.
Attorney General Rob Bonta stated: “Huntington Beach has run out of excuses in our state’s courts. It was required to submit a compliant housing element on October 15, 2021, more than four years ago. Rather than follow the law, the City has been squandering public money to avoid building its fair share of housing,” said Attorney General Rob Bonta. “We promised that we would hold Huntington Beach accountable, and we have successfully done so at every turn to date. Our case now returns to the trial court, where we will continue to ensure that the City answers for its unlawful actions.”
Governor Gavin Newsom commented: “Huntington Beach needs to end this pathetic NIMBY behavior,” said Governor Gavin Newsom. “They are failing their own citizens by wasting time and money that could be used to create much-needed housing. No more excuses, you lost once again — it’s time to get building.”
HCD Director Gustavo Velasquez added: “This decision reaffirms that no one is above the law, and Huntington Beach can no longer refuse to do its part to address California’s crisis of housing affordability and homelessness,” said HCD Director Gustavo Velasquez. “Charter cities are not exempt from state housing law, and the few bad actors who believe so need to stop looking for a way to avoid their responsibilities.”
In response to these legal actions at the state level, Huntington Beach also challenged certain California housing laws in federal court. That lawsuit was dismissed by both district and appellate courts; further attempts by Huntington Beach for reconsideration were denied by an appellate panel as well as through en banc review requests. The city has now asked for U.S. Supreme Court consideration; this request is still pending.
