AG Bonta and Governor Newsom Secure Appellate Victory in State’s Housing Lawsuit Against Huntington Beach
Published Date: Sep 12, 2025
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California Attorney General Rob Bonta and Governor Gavin Newsom today secured a unanimous decision from the California Fourth District Court of Appeal holding that the lower court, the San Diego Superior Court, “erred when it omitted the 120-day compliance deadline and one or more mandatory provisional remedies” in its order holding that the City of Huntington Beach violated California’s Housing Element Law. On March 9, 2023, Attorney General Bonta, Governor Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez filed suit against the City for failing to timely adopt a compliant housing element. The State’s lawsuit sought a court order setting a 120-day deadline for the City to come into compliance and limiting the City’s permitting, zoning, and subdivision approvals until the City adopted a substantially compliant housing element — as required under state law. On May 15, 2024, the San Diego Superior Court found that the City violated California’s Housing Element Law, but its final order removed any references to the remedies requested by the State. Confirming that charter cities like Huntington Beach cannot use their status as a charter city to delay or avoid adopting a compliant housing element, the appellate decision directs the San Diego Superior Court to enter a new order providing the relief requested by the State and to "expediently" adjudicate all remaining issues in the case.