Gov. Newsom Sues Norwalk Over Ban on Homeless Shelters and Supportive Housing

Governor Gavin Newsom and Attorney General Rob Bonta filed a lawsuit against the City of Norwalk in the Superior Court of California, County of Los Angeles on Monday over Norwalk’s moratorium on new homeless shelters and supportive housing.

The issue dates back to early August. Norwalk was in the midst of updating the city zoning code, as well as performance and development standards. Needing time, the Norwalk City Council approved an urgency ordinance on August 6th, instituting a 45-day moratorium on a citywide moratorium establishing, implementing, or operating new “convenience stores (liquor stores), discount stores, laundromats, carwashes, payday loan establishments, emergency shelters, single-room occupancy (SRO) housing, supportive housing, and transitional housing.”

Norwalk specifically invoked the Housing Crisis Act, a 2019 law that allows for such a ban if there is a threat to public safety and health. While initially only a 45 day ordinance, the Norwalk City Council now hoped to extend it to August of 2025. City officials pushed for the Council to approve the extension as the ordinance is desperately needed.

“And now staff believes this is a very powerful tool to allow us to better assess and develop potential performance standards, development standards, and the zoning code,” explained Norwalk Interim Community Development Director Alexander Hamilton in September. “Our zoning code as all of you are aware, is pretty old – it’s from the 90s. There have been some updates, but nothing substantively on a comprehensive basis. So this will allow us to look at those uses and come back to you.”

However, the state struck back this week before the vote. While a 45 day moratorium was acceptable, an almost year long extension was deemed unacceptable by Newsom officials, with Norwalk being far behind state housing goals, as well as the city violating multiple state housing laws. In a letter to Mayor Margarita Rios the Norwalk City Council in September, the HCD specifically pointed to the city violating the Housing Crisis Act (HCA), the Anti-Discrimination in Land Use Law, the Affirmatively Furthering Fair Housing (AFFH), and the Housing Element Law. Further, the HCD told Norwalk in the letter that the city has only issued permits for 175 units of the needed 5,034 Regional Housing Needs Allocation (RHNA) slots, going against state allocation needs.

With a lawsuit threatened, the response date of September 23rd came and went without any action, although Norwalk officials knew that a state ruling could come at any point afterwards. Last month, Newsom finally responded by revoking the city’s compliance with housing element law because of their ban on homeless shelters and other housing. In addition to funding now being revoked, Newsom also said that the state may also sue the city soon if they don’t reverse course. In the month since, Norwalk hasn’t budged on the matter. This all led to Monday when Newsom finally outright sued the city in court.

According to Newsom and Bonta, Norwalk’s ban violates numerous state laws. According to the People of the State of California v. City of Norwalk, Norwalk’s ordinance goes against half a dozen state laws, including some anti-discrimination and fair housing laws, like the Housing Crisis Act, Affirmatively Furthering Fair Housing, and the Housing Element Law.

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

“Our message is clear, our message is consistent. If local governments attempt to skirt state housing laws, if they refuse to do the bare minimum to address the dire lack of affordable and accessible housing in California, we will hold them accountable.”

Governor Newsom added, “The Norwalk city council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable. No community should turn its back on its residents in need.”

As of Monday afternoon, the city of Norwalk has yet to release a statement about the lawsuit. However, legal experts have told the Globe that Norwalk, and possibly other cities in the future fighting the state on matters like this, are likely not going to go down without a fight.

“Cities have to do what is best for them,” said real estate attorney Bryan Sawyer to the Globe on Monday. “This was a hard call for them to make, but they did what they did. Now, after several months of severe pressure from the state, they’re taking them to court. A lawsuit was really the last thing they could possibly try to reverse Norwalk’s decision. Norwalk’s moratorium only going until early August of next year doesn’t matter. If Norwalk manages to win, other cities or even Counties might decide to not do it for similar reasons. And there goes their plan on homeless housing.

“Norwalk will probably respond strongly like they have in their past. They haven’t backed down yet. And even if they do, there will be other cities who will want to challenge the state. The state can’t bully other cities into complying forever.”

Norwalk has yet to respond to the lawsuit as of Monday afternoon.