Governor Gavin Newsom, accompanied by California Attorney General Rob Bonta and the California Department of Housing and Community Development (HCD), made a significant announcement today. They revealed the filing of a lawsuit against the City of Elk Grove, a response to the city’s denial of the proposed Oak Rose Apartments project. This project, designed to provide 66 units of supportive housing for lower-income households at risk of homelessness, aims to address the pressing need for affordable housing opportunities in the area. Moreover, the Oak Rose Apartments would offer various on-site and off-site services to assist residents in maintaining stable housing, improving their health, and maximizing their participation in the community’s social and economic life.
The lawsuit arises from the city’s decision to reject the Oak Rose Apartments project while simultaneously approving a market-rate housing development, located in the same neighborhood within the Old Town Special Planning Area (OTSPA).
Governor Newsom expressed his commitment to holding communities accountable for their fair share of housing development, particularly affordable housing. He emphasized that while the state has provided unprecedented support, including substantial funding and resources, to guide communities in meeting their housing needs, local governments must fulfill their obligations. When local governments repeatedly fail to do so and actively seek ways to evade state law, the administration will employ all available tools, including legal actions, to ensure that Californians have access to the housing they require.
The lawsuit, filed today, alleges that the city’s denial of the Oak Rose Apartments project violates various state laws, including Senate Bill 35 (SB 35), the Housing Accountability Act (HAA), as well as fair housing laws aimed at combatting discriminatory land use practices. These laws include the Nondiscrimination in Land Use Law and the Affirmatively Furthering Fair Housing statute (AFFH).
Attorney General Bonta emphasized that everyone deserves a place to call home, regardless of their income level. He underscored the importance of California’s laws designed to combat housing discrimination and enhance affordable housing opportunities. The lawsuit against Elk Grove serves as a strong message to local governments, reminding them that violating fair housing laws will lead to accountability.
According to the lawsuit, the Elk Grove City Council’s denial of the project was improper, as it claimed the project did not meet the city’s zoning standards and thus was ineligible for SB 35 ministerial review. The state’s lawsuit seeks injunctive relief, aiming to compel Elk Grove to approve the project and align with state law.
HCD Director Gustavo Velasquez stated that building more affordable housing is the most effective means of reducing and preventing homelessness. He expressed concern that the City of Elk Grove’s actions were hindering progress in resolving the housing and homelessness crisis, accusing them of disregarding fair housing laws. He assured that HCD is fully dedicated to assisting jurisdictions in meeting their housing goals but will hold cities like Elk Grove accountable when they fail to do so.
State leaders remain steadfast in their commitment to enforcing housing laws and expanding access to affordable housing throughout California. Governor Newsom established a Housing Accountability Unit, enhancing enforcement and oversight at the local level to expedite housing development across the state. Additionally, in 2021, Attorney General Bonta announced the creation of a Housing Strike Force within the California Department of Justice, further driving efforts to promote housing access statewide.
Members of the public are encouraged to explore the California Department of Justice’s Housing Portal and HCD’s website, where they can access a range of resources and information to support housing access and navigate related matters.
