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Home / News / Politics / State sues Norwalk over ban on new homeless shelters, housing

State sues Norwalk over ban on new homeless shelters, housing

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The state has sued Norwalk over the city’s law forbidding new homeless shelters and other housing developments, officials announced Monday.

The state in October officially declared Norwalk to be in violation of state housing requirements, cutting off funding to the city for housing and anti-homelessness projects.

“The Norwalk City Council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable,” Gov. Gavin Newsom said in a statement. “No community should turn its back on its residents in need.”

In August the Norwalk City Council OK’d an ordinance that put a 45-day moratorium on emergency shelters, single-room occupancy units, supportive housing and transitional housing. Newsom responded in September with a warning that Norwalk’s housing ban was in violation of state law and a call for the City Council to reverse its policy decision.

The council, however, held its ground and voted to extend the moratorium for an additional 10 months. That move paved the way for Monday’s lawsuit filing in Los Angeles Superior Court.

The city of Norwalk issued a prepared statement after the lawsuit was served Tuesday evening.

“We are reviewing the complaint and want to emphasize that Norwalk remains committed to addressing homelessness through partnerships,” officials said. “The City is disappointed with the state’s approach as it was hopeful that it could reach a resolution without litigation. The City will nevertheless continue to reach out to state stakeholders in its approach to forge partnerships in line with Attorney General Bonta’s statement supporting collaborative solutions to these important issues.”

Norwalk Mayor Margarita Rios has defended the council’s shelter ban, citing public safety concerns.

“The City Council is committed to safeguarding the interests and public safety of Norwalk residents while retaining local control over land use decisions,” Rios said in a statement last month. “Our ordinance was specifically designed to protect residents by promoting responsible development. However, our experience with housing programs, particularly Project Roomkey, which placed a substantial number of homeless individuals with high acuity needs, near homes, schools, and public spaces, has raised significant concerns. 

“This project has negatively impacted public safety and community well-being,” Rios said. “We urgently need improved communication and collaboration from the state to address these issues; we must tackle this in a spirit of cooperation rather than under the threat of penalties.”

In a September statement, she said, “Gov. Newsom’s threats of a lawsuit overlook Norwalk’s long-standing and effective efforts to address homelessness. 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.

“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,” the statement continued. “We urge Gov. Newsom to recognize Norwalk’s proactive measures and provide direct resources to support its ongoing efforts.”

Norwalk officials based the shelter and housing moratorium on the Housing Crisis Act, which allows cities and local governments to ban housing facilities when “an imminent threat” to public health and safety exists. State officials rejected the claim that a public safety threat exists.

State officials said Norwalk has issued permits for 175 housing units during the current housing element cycle, which is just 3.5% of its assigned allocation of 5,034 units required to make sure communities have an adequate housing supply.

California Attorney General Rob Bonta said in a statement that the “lawsuit should come as no surprise. Despite receiving several warnings, the city of Norwalk has refused to repeal its unlawful ban on new supportive housing for our most vulnerable residents. Enough is enough.

“Every city and county in California has a legal obligation to help solve our homelessness crisis,” Bonta said. “We have not, and will not hesitate, to ensure that everyone with the power to approve or disapprove housing takes their duties seriously.”

State attorneys claim the Norwalk ban on shelters violates several laws, including the Housing Crisis Act, Affirmatively Furthering Fair Housing enacted in 2021 and the Housing Element Law.

Updated Nov. 6, 2024, 8:12 a.m.

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