In their note, SHA said it “supports the State’s efforts to enforce affordable housing laws to ensure the affordable housing so desperately needed in our communities can be built. “ The city itself acknowledged that its OTSPA standards-including the ground floor use restriction-involve discretion, noting that the city has a mechanism to deviate from development standards under the OTSPA for projects that meet the goals of the OTSPA, including whether a project is compatible with ‘community character.’”įurther, “Because the HAA and SB 35 prohibit the application of a standard that involves any discretionary application, the city cannot rely on this use restriction as a basis to deny the Project.”Īttorney General Bonta also argues that “Elk Grove’s unequal application of the cited land use restrictions, and subsequent denial of the Oak Rose Project constituted a discriminatory land use practice, which violates the Affirmatively Furthering Fair Housing Statute and Government Code Section 65008, which prohibit the city from making land use decisions that disproportionately harm lower-income households. The AG argues that contrary to the City’s claims, this use restriction does not qualify as an “’objective standard’ under SB 35 or the HAA, because its application depends on the exercise of discretion. I urge Elk Grove to reconsider its unlawful denial of the Oak Rose Apartment project, or face the legal consequences.” We’re committed to enforcing the law, and we will not stand idly by in the face of housing discrimination. “Too many Californians across this state worry about keeping a roof over their heads, or lack housing altogether. State housing laws are in place to provide all Californians, regardless of income level, the opportunity to access affordable housing and have a place to call home. “Confronting and addressing our state’s housing crisis requires all of us – including local governments – working together to increase affordable housing opportunities for those who need it most,” said Attorney General Rob Bonta. The Council denied the Project on the basis that it did not meet the city’s objective zoning standards and was therefore ineligible for SB 35 ministerial review. The AG noted, “The proposed project would have added 66 units of supportive housing for lower-income households at risk of homelessness, in a jurisdiction in dire need of low-income housing opportunities. We urge the City to reconsider and take prompt action to conform with state law.” HCD sent a Notice of Violation on October 12, 2022. The city responded, denying any wrongdoing.Īttorney General Rob Bonta has now stepped in with a letter dated March 16, 2023, stating, “We agree with HCD’s conclusion that the City’s denial of the Project violated state law. SHA believes that the city “violated several State housing laws and delayed the development of much needed affordable homes” and so, last fall, they notified HCD’s Housing Accountability and Enforcement Unit about the inappropriate denial of Oak Rose Apartments. We have seen the state take an aggressive approach in recent weeks with Huntington Beach as they attempt to exempt themselves from state laws, but perhaps a more important test case will be Elk Grove.Īccording to a note from the Sacramento Housing Alliance (SHA), the city “improperly denied approval for the Oak Rose Apartments that would have created 66 units of critically needed permanent supportive housing.”Īccording to SHA President Cathy Creswell, “This development would have provided homes with important services to help unhoused individuals get off the street and into a stable and supportive environment.” Elk Grove, CA – One of the big questions facing the housing crisis-would the state step in and attempt to enforce any number of new and tougher housing laws or would it step aside and continue to allow local governments to run the show?
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