Sacramento, CA – In a drastic step, the state announced this week it is decertifying the City of Norwalk’s housing element following the city’s action breaking state housing law and implementing an illegal shelter ban.
The state’s action makes the city ineligible for significant housing and homelessness funding and means the city can no longer deny “builder’s remedy” affordable housing projects.
In doing so, the Governor follows through on his warning to Norwalk, taking swift action to hold the city accountable for its unlawful ban on homeless shelters and other housing.
Without a compliant housing element, the city can no longer deny certain affordable housing projects and is no longer eligible to receive key state housing and homelessness funds. Governor Newsom has also announced that the state may sue the city if they refuse to change course.
“After the state has provided cities and counties with unprecedented funding to address the homelessness crisis, it’s beyond cruel that Norwalk would ban the building of shelters while people are living on the city’s streets,” Governor Newsom said. “This crisis is urgent, and we can’t afford to stand by as communities turn their backs on those in need. No more excuses—every city, including Norwalk, must do its part and follow state housing laws.”
Norwalk’s failure to build housing
Creating more housing is key to addressing affordability and homelessness in California. All cities are required by state law to develop a housing plan to ensure that they are planning for enough affordable housing for their community. Norwalk has failed to meet its housing goals, and now has violated state law by banning shelter and other housing for those experiencing and at risk of homelessness despite its failure to build enough housing. The city has only issued permits for 175 units during this housing element cycle, a mere 3.5% of its 5,034 assigned Regional Housing Needs Allocation (RHNA), or the number of units required to ensure its community has enough housing.
The action by HCD to revoke Norwalk’s housing element compliance will speed up development in the community and incentivize the city to end its unlawful ban on housing so that residents have the housing they need.
“The City of Norwalk’s actions have placed them in violation of state housing law, and therefore their housing element is no longer in compliance,” said HCD Director Gustavo Velasquez. “Our Housing Accountability Unit provided the city clear guidance—with full transparency on what our next steps would be if they did not repeal this egregious ordinance. Instead of working to correct their missteps, they dug in their heels and are now ineligible for key funding and subject to the builder’s remedy.”
Norwalk’s failure to address homelessness
Norwalk has taken overt actions to block access to homeless support, shelter, and housing – despite having accepted nearly $29 million in state housing and homelessness funds. On August 6, the city adopted a 45-day urgency ordinance imposing a moratorium on emergency shelters, single-room occupancy housing, supportive housing, and transitional housing.
The state issued a Notice of Violation on September 16. On September 17, the council voted to extend the ordinance another 10 months and 15 days. Even after the state granted the city an extension to respond to its Notice of Violation, Norwalk failed to repeal the ordinance or put into place any action that would set the repeal in motion. Although city council members expressed an intent not to immediately enforce the moratorium, there is no formal stay or anything that would prevent the city from enforcing the moratorium as soon as it wishes, and the city has refused to commit to repealing it in the near future.The moratorium violates several state planning and fair housing laws, including the Housing Crisis Act, the Anti-Discrimination in Land Use Law, Affirmatively Furthering Fair Housing, and the Housing Element Law.
