CA Sues Norwalk Over Homeless Shelter Ban

The state of California has filed a lawsuit against the City of Norwalk over a controversial ordinance banning the construction of new homeless shelters and supportive housing.

On Aug. 6, Norwalk City Council approves a 45-day urgency ordinance instituting a moratorium or suspension on new homeless shelters, supportive housing and other establishments like laundromats and liquor stores.

The city cites the Housing Crisis Act, a 2019 law allowing local governments to ban housing when there is “an imminent threat” to public health and safety.

A month later, The California Department of Housing and Community Development (HCD) sent Norwalk a notice of violation after the city council adopted the 45-day urgency ordinance, deeming it a violation of state planning and fair housing laws.

The HCD also notes that Norwalk is significantly behind in meeting its state-mandated housing goals, having only issued permits for 175 units out of a required 5,034.

HCD Director Gustavo Velasquez criticizes Norwalk’s actions as a “rejection of people’s basic health, safety and humanity.” He expresses disappointment that the city did not voluntarily repeal the ordinance.

Velasquez highlights the state’s commitment to holding all cities and counties accountable for their responsibilities under state housing law.

Despite the HCD’s warning, The Norwalk City Council extends the moratorium for another 10 months and 15 days. The council and Mayor Margarita Rios argue that the city has proactively addressed homelessness and shouldered a disproportionate burden without adequate state funding.

They cite the city’s social services department, support for repurposing abandoned buildings for homeless housing at a public psychiatric care facility and the operation of a large Project Roomkey site during the pandemic.

They also express concerns about the management and impact of previous state-backed homeless housing projects, citing “public safety concerns.”

In response to Norwalk’s refusal to repeal the ban, the state decertifies the city’s housing element in October, rendering it ineligible for significant state housing and homelessness funding and denying permits to “builder’s remedy” affordable housing projects.

Gov. Newsom reiterates the state’s stance, stating that the ban is “unlawful” and “immoral” and that Norwalk “needs to do its part to provide people with shelter and services.”

Gov. Newsom and Attorney General Rob Bonta filed a lawsuit against Norwalk on Nov. 4 in the Superior Court of California, County of Los Angeles.

The lawsuit contends that Norwalk’s ordinance violates numerous state laws, including the Housing Crisis Act, Affirmatively Furthering Fair Housing (AFFH), the Anti-Discrimination in Land Use Law and the Housing Element Law.

The lawsuit asserts that the city’s justification for the ban – an “imminent threat” to public health and safety – lacks sufficient evidence and that the ordinance discriminates against homeless individuals. Gov. Newsom argues that Norwalk’s actions are counterproductive and harmful to those in need.

Attorney General Rob Bonta echoes Newsom’s sentiments, stating that Norwalk’s actions are “brazenly and defiantly violative of the law.” He finds the city’s comparison of homeless shelters to “public nuisances” like liquor stores and payday lenders to be “very revealing and frankly very offensive.”

Bonta asserts that the city has other avenues to address its concerns with the county and state without resorting to a shelter ban and that the lawsuit is necessary to ensure compliance with state law.

The outcome of this case could have significant implications for other cities grappling with homelessness, potentially influencing how local governments approach homeless housing policies and their relationship with the state.

For any inquiries or further information, please contact Jose Cervantes at JoseC.Press@pm.me