By Will Swaim : californiapolicycenter – excerpt
We’ve seen Gov. Gavin Newsom impose questionable — even dangerous and illegal — policies by declaring states of emergency or merely “crisis” with regard to Covid, climate and energy. He’s done it again on the issue of housing. The problems of housing affordability and homelessness constitute a crisis so compelling, the governor says, that they can be solved only by forcing cities to permit the construction of 2.5 million new homes by 2030.
Huntington Beach has refused to go along with the state’s demand that the city approve construction of 13,368 new homes.
In response, on March 9, the state sued Huntington Beach.
“The message we’re sending to the city of Huntington Beach is simple: Act in good faith, follow the law and do your part to increase the housing supply,” Bonta said in announcing the suit. “If you don’t, our office will hold you accountable.”
Within hours of the state’s lawsuit, Huntington Beach fired back. In a federal lawsuit, the city accuses the state of violating California and U.S. constitutional laws through the Regional Housing Needs Allocation process…
Huntington Beach says its claims are “novel and complex.” We do our best to offer a summary of those claims here, but there’s no substitute for reading the city’s lawsuit itself, which you can find here.…(more)
- Violates California Constitution Art. XI (Charter City)
- Violates the First Amendment speech rights of cities, city officials, and residents
- Violates the California Environmental Quality Act (CEQA)
- The California Department of Housing and Community Development (HCD) regulatory process is broken
- Violates California Constitution Art. XI (Due Process)
- Violates the Fourteenth Amendment of the U.S. Constitution