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Politics Sep 17, 2024
Norwalk City Hall. | Photo courtesy of Northwalker/Wikimedia Commons (CC0 1.0)
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The California Housing and Community Development Department on Monday threatened a lawsuit against Norwalk for the city’s ban on the development of new homeless shelters and other housing sites, Gov. Gavin Newsom’s office announced.
The HCD warning was in response to Norwalk’s ordinance approved last month prohibiting new shelters and other forms of housing to address the homelessness crisis, according to the governor’s office. The notice warns of impending legal action if the city does not reverse its policy, which state officials called “counterproductive and immoral” amid the decadeslong homelessness crisis.
“It is unfathomable that as our state grapples with a homelessness crisis, Norwalk would pass an ordinance banning the building of homeless shelters,” Newsom said in a statement. “It is counterproductive and immoral for any community to throw up their hands and say they’ve done enough while they still have people in need. We can’t leave people in dangerous and unsanitary encampments — the city of Norwalk needs to do its part to provide people with shelter and services.”
The state’s notice followed the Norwalk City Council’s Aug. 6 adoption of a 45-day urgency ordinance that imposes a moratorium on emergency shelters, single-room occupancy housing, supportive housing and transitional housing.
On Tuesday, the council will consider whether to extend that ordinance another 10 months and 15 days.
“Governor Newsom’s threats of a lawsuit overlook Norwalk’s long-standing and effective efforts to address homelessness,” Norwalk Mayor Margarita Rios said in a statement. “The city has made significant strides, including opening affordable housing for homeless veterans, supporting L.A. County’s Homekey project, funding its own homelessness engagement teams, and being one of the few cities in L.A. County with a dedicated Social Services Department to assist people experiencing homelessness.
“Norwalk also hosted one of the largest Project Roomkey sites during the pandemic,” Rios said. “Despite these efforts, Norwalk has received no Measure H funding, forcing the city to use its own resources to manage the fallout from abandoned state-mandated programs, which puts both residents’ safety and the city’s finances at risk. We urge Governor Newsom to recognize Norwalk’s proactive measures and provide direct resources to support its ongoing efforts.”
State officials said Norwalk’s moratorium violates several state planning and housing laws, including the Housing Crisis Act, the Anti-Discrimination in Land Use Law, Affirmatively Furthering Fair Housing and Housing Element Law.
Norwalk has also failed to meet its housing goals as required by state law, officials said. The city has only issued permits for 175 units during the current housing element cycle, which is 3.5% of its 5,034 assigned “Regional Housing Needs Allocation,” or the amount of units needed to ensure that communities have an adequate housing supply.
“The City of Norwalk’s disingenuous moratorium equates badly needed homes for people struggling the most with liquor stores and payday loans,” HCD Director Gustavo Velasquez said in a statement. “In doing so, they are harming their own community and blatantly violating a myriad of state housing laws. The only option is to repeal the moratorium and move past this regrettable episode.”
If Norwalk does not cancel its homeless shelter and housing moratorium, HCD may turn the matter over to California Attorney General Rob Bonta’s office for litigation and may revoke housing element compliance. HCD found the housing element in compliance in November 2023.
The city has until Sept. 23 to respond to the state’s legal challenge.
“At a time when many Californians are struggling to keep a roof over their heads or lack housing altogether, banning new emergency shelters and new supportive housing not just defies common sense — it is unlawful,” Bonta said in a statement. “Norwalk’s residents — indeed all Californians — should be outraged. If necessary, my office stands ready to take legal action against Norwalk.”
Norwalk’s moratorium law passed the a few weeks after Newsom issued an executive order urging local governments to use state funding to address unsanitary and dangerous encampments and provide people experiencing homelessness care, housing and supportive services.
Since 2019, HCD has provided Norwalk with nearly $29 million to address housing needs and homelessness.
The violation notice was issued by HCD’s Housing Accountability Unit, which Newsom created in 2021 to help cities and counties comply with legal requirements “to plan for and permit their fair share of housing, and to hold accountable those that fail to do so,” according to the governor’s office, which added that this focus on accountability has in part led to the state’s 15-year high in housing starts.
So far the Housing Accountability Unit has supported the development of over 7,400 housing units that include over 2,700 affordable units, officials said. The unit does enforcement actions and works with municipalities to make sure their policies comply with state housing law. In 2024 the unit expanded to include a focus on homelessness such as compliance with state laws as local policies pertain to homeless housing.
Updated Sept. 17, 2024, 10:01 a.m.
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