The Votes Are In!
2024 Readers' Choice is back, bigger and better than ever!
View Winners → Politics Feb 20, 2025
| Photo by EdVal/Envato
by
share with
Officials responded Wednesday to a judge’s decision to proceed with the state’s lawsuit against Norwalk over the city’s 2024 ban on new homeless shelters and affordable housing projects.
Los Angeles Superior Court Judge James Chalfant on Tuesday tentatively ruled that there is “significant public interest in ensuring that the city does not enact an ordinance that violates state law.”
However, the judge’s ruling also pointed out flaws with the state’s case.
California Department of Justice attorneys have conceded “that the city stayed enforcement of the moratorium in an attempt to reach a resolution with (the state Housing and Community Development Department), so where’s the fire?” Chalfant wrote. “The fact is that (state attorneys) do not want to entertain discussions with the city and have no interest in addressing its concerns. Petitioners charged into court and insisted on invalidation of the moratorium without alleging any facts of imminent and significant hardship.”
California Attorney General Rob Bonta, Gov. Gavin Newsom and California Department of Housing and Community Development Director Gustavo Velasquez issued statements following the ruling against Norwalk’s request for dismissal.
“We are pleased to proceed with our case and to protect the public’s interest in the rule of law. Norwalk’s ban on new housing for unhoused individuals and lower-income households at risk of homelessness is illegal,” Bonta said. “At a time when affordability issues are a top concern for Californians, we should be doing everything in our power to help — not hurt — those struggling to keep a roof over their heads or lacking housing altogether. We look forward to holding the city accountable.”
Newsom added, “No community should turn its back on its residents in need. We will continue to hold Norwalk accountable for its failure to reverse this cruel and unlawful ban.”
Velasquez said, “Far from being a threat, availability of safe shelter and supportive services brings stability and makes communities stronger. We will continue to fight to hold Norwalk and all others accountable for planning for the housing needs of residents at all income levels.”
According to Bonta’s office, the lawsuit challenges the city’s allegedly unlawful ban on new emergency shelters and programs to provide supportive and transitional housing options for people experiencing homelessness.
The city also issued a statement Wednesday on the judge’s decision.
“During yesterday’s decision by the Los Angeles County Superior Court, the judge’s statement — highlighting the absence of any imminent or significant hardship — echoed the city of Norwalk’s consistent position,” officials said.
“This is not an act of defiance but rather an effort to pause, listen, and find common ground with the state. The city of Norwalk will continue to work with the state’s Department of Housing and Community Development to attempt to find a common ground to address the important issue of homelessness, but keeping at the forefront the protections of our residents and the city’s efforts to preserve local control over land uses within the city of Norwalk’s jurisdiction.”
Norwalk officials further observed that “the irony, of course, lies in the fact that the state is pushing for action against a moratorium that is already on hold, protesting enforcement where none exists. The further challenge is the state fails to recognize that the city is a partner in this process who cannot be removed from the discussion on how the homeless housing issue is to be addressed in the city.
“The city … remains committed to transparency, ready to work with the State of California and their agencies to develop thoughtful, sustainable policies that honor both the law and the well-being of our residents,” the statement concluded.
In October the state declared Norwalk to be in violation of housing requirements and stopped funding outlays to the city for housing and efforts to address homelessness efforts.
The controversy began in August when the Norwalk City Council approved an ordinance that put a 45-day moratorium on emergency shelters, single-room occupancy units and supportive and transitional housing.
Gov. Gavin Newsom responded in September with a warning of the city’s alleged violation of state law and urged the Norwalk officials to rescind the shelter and housing moratorium.
The council instead voted to extend the ban for 10 months, but in October council members voted to stay enforcement of the moratorium in an attempt to reach an accord with state officials.
The legal basis for Norwalk’s moratorium is the Housing Crisis Act, which enables municipalities to ban types of housing facilities because of an imminent threat to the public’s health and safety. State officials contend no threat exists.
According to the state attorneys, Norwalk has issued permits for 175 housing units during the current 2021-29 “housing element cycle,” which is 3.5% of its assigned allocation of 5,034 units required to ensure that communities have enough housing.
“Every city and county in California has a legal obligation to help solve our homelessness crisis,” Bonta said in a Nov. 4 statement announcing the state’s lawsuit. “We have not, and will not hesitate, to ensure that everyone with the power to approve or disapprove housing takes their duties seriously.”
The state claims the ban on shelter projects violates multiple statutes — California’s urgency ordinance statute, the Housing Crisis Act, the Housing Element Law, the Anti-Discrimination in Land Use Law, the Affirmatively Furthering Fair Housing Law and the by-right laws for supportive housing and emergency shelters.
A copy of the court’s decision is available on the attorney general’s website.
