An appeals court denied Huntington Beach’s request Monday for a further review of its federal lawsuit challenging California housing laws.
The decision ends the Huntington Beach City Council’s legal effort to sidestep state requirements for local affordable housing projects. Huntington Beach officials are opposed to state requirements that cities develop plans to add residential units in a an attempt to bring down rent rates.
On Oct. 30, the federal 9th Circuit Court of Appeals’ rejection of the city’s claims was the latest in a legal battle that started in March 2023 when the state sued Huntington Beach for violating its housing laws. The city then sued the state in federal court, claiming that requiring cities to build more residential units was unconstitutional.
The city’s lawsuit contended that the state’s requirement for affordable housing would result in about 40,000 new high-density units in Huntington Beach over the next several years.
Following the Oct. 30 decision by a three-judge panel, the city sought an “en banc” hearing with 11 judges from the circuit. That request failed to receive majority support from the circuit’s “nonrecused active judges.” The 9th Circuit has 29 active judgeships.
“We are pleased that Huntington Beach’s latest attempt to exempt itself from our state’s housing laws has failed,” California Attorney General Rob Bonta said in a statement. “All along, Governor Newsom and I have asserted that the City’s federal lawsuit is meritless and a waste of the public’s money. “Like every other city in California, Huntington Beach has a legal obligation to build its fair share of housing. We will be closely monitoring what the City decides to do next.”
The state’s lawsuit against Huntington Beach is also pending an appeal.
Monday’s 9th Circuit decision is available for viewing online.
