After a two year-long legal battle before the San Diego Superior Court and the California Court of Appeal, the Court of Appeal has found in favor of the Kennedy Commission and the State of California’s consolidated writ petitions, issuing a writ of mandate directing the trial court to command the City of Huntington Beach to comply with California’s Housing Element Law.  In its decision, the Court of Appeal confirmed that all cities, regardless of charter status, are bound by Article 14, by the Housing Element Law, and by the statutory remedies that are available when cities fail to comply with it.

“Today, The Kennedy Commission, its members, and other stakeholders take a huge leap forward in meeting the housing needs of all Orange County residents and ensuring that all residents have access to affordable places to call home,” stated Cesar Covarrubias, Executive Director of The Kennedy Commission, an Orange County-based non-profit dedicated to increasing affordable housing.  The Commission joined the State as a party in the case.  

Because of California’s affordable housing crisis, each city in California is required to adopt a Housing Element which makes adequate provisions for housing to meet the needs of all economic segments of the community.  Despite its legal obligations, Huntington Beach refused to timely adopt a Sixth Cycle Housing Element Update.  The State of California brought suit in response, and the Commission intervened as a party to ensure that the City does its part to address the affordable housing crisis. Underscoring the need for compliance, there has been a 9.5% increase in the number of Orange County low-income renter households who do not have access to an affordable home since the Sixth Cycle started in 2021. [1] Indeed, a recent report by the California Housing Partnership Coalition found that renters in Orange County need to earn $54.97 per hour—3.3 times the state minimum wage—to afford the average monthly asking rent of $2,857 per month.  

In June 2024, the Superior Court found that the City violated the Housing Element Law requirement to timely adopt its Sixth Cycle Update. The ruling, however, omitted required state law remedies for the City’s refusal to adopt a Housing Element, effectively providing no consequences for the City’s continued violations of the Housing Element Law.  The Commission sought writ relief from the Court of Appeal to correct this omission.

The Court of Appeal’s ruling granting writ relief confirms that, like any other city, charter cities like Huntington Beach must comply with the Housing Element Law and are subject to its mandatory remedies.  Accordingly, the Court’s ruling directs the Superior Court to partially vacate the June order and enter a new order providing for the statutorily required remedies, including mandating the City’s compliance with affordable housing laws within 120 days and interim relief before the City has complied with the order. Compliance with housing laws will require the City to accommodate 13,368 new dwelling units in the current planning period, which is set to end in 2029.

This ruling by the Court of Appeal brings affordable housing advocates another step closer to seeing the City of Huntington Beach cease open violation of California law and adopt a plan to ensure equitable housing opportunity for all its residents.

The Kennedy Commission was represented by Public Law Center (PLC), Public Interest Law Project (PILP) and Community Legal Aid SoCal(CLA SoCal), and pro bono counsel, Crowell & Moring LLP. The Kennedy Commission previously sued the city for housing element violations, leading to an order that the City of Huntington Beach pay over $3.5 million in attorney’s fees following the City’s voluntary compliance during the course of litigation.

About The Kennedy Commission: The Kennedy Commission is a community-based non-profit that works with residents and community organizations to increase the production of homes affordable to lower income households. Its mission is to create policies, programs and the systemic change required to increase the affordable housing opportunities for Orange County's extremely low and low income households.

About Public Law Center (PLC): PLC is a 501(c)(3)nonprofit organization that provides free civil legal services to low-income individuals and families in Orange County, California. PLC staff and volunteers provide assistance across a range of substantive areas of law, including consumer, family, immigration, housing, business, and health law. Services include counseling, individual representation, community education, and strategic litigation and advocacy to challenge societal injustices.

About The Public Interest Law Project (PILP): PILP is a statewide public interest law support center in California that spearheads major public interest impact litigation and systemic advocacy and works to advance racial and economic justice for low-income communities and communities of color. Founded in 1996, PILP provides technical assistance, training, research, litigation, and advocacy support to public interest law programs and community-based organizations on law and policy issues related to housing, land use, public benefits, anti-displacement, community preservation, and civil rights.

About Community Legal Aid SoCal (CLA SoCal): CLA SoCal is dedicated to meeting the civil legal needs of low-income people throughout Orange and Southeast Los Angeles Counties. CLA SoCal helps with legal issues related to immigration, family law, access to healthcare, public benefits, consumer defense, and housing. CLA SoCal also has a unit dedicated to seniors. CLA SoCal offers a full range of free legal assistance, including information and referrals, counsel and advice, workshops, clinics, and direct legal representation in each of these areas.

About Crowell & Moring LLP: Crowell & Moring LLP is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry, and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex regulatory and policy, litigation, transactional, and intellectual property issues. The firm is consistently recognized for its commitment to pro bono service, as well as its comprehensive programs and initiatives to advance the professional and personal development of all members of the Crowell community.

[1] Orange County 2024 Affordable Housing Needs Report and Orange County 2021 Affordable Housing Needs Report