States Toughen Enforcement of Affordable Housing Mandates

Several states are introducing new mandates requiring municipalities to expand affordable housing in response to the severe housing shortage in the US. States that have had these mandates on the books for decades—only to have them ignored by local planning boards—now are dusting them off and preparing to enforce them.

Some states are taking a carrot-and-stick approach, like a top-down revision of state zoning laws in Connecticut, enacted last year, that gives communities more flexibility to increase housing density while requiring all towns in the state to submit new affordable housing plans to the state by the middle of this year.

But at least one state is taking out the stick and using it.

California Attorney General Rob Bonta recently unleashed a new Housing Strike Force, made up of a dozen state Justice Department lawyers, empowered to enforce new state housing laws on cities, counties and landlords.

Under Bonta’s direction, the Strike Force is trying to overturn local planning and zoning decisions that block higher-density residential projects with affordable housing. The DOJ team also is putting legal pressure on towns to rescind local ordinances protecting sites like historic districts.

Bonta announced the creation of the Strike Force shortly after Gov. Gavin Newsom in September signed into law a bill that partially overrides local zoning restrictions blocking subdivision of lots, making it easier for owners of single-family homes to convert their properties into duplexes or to add another residence.

The bill has drawn pushback from several municipalities in California, including the city of Encinitas in San Diego County. In November, the Encinitas City Council rejected plans for a 277-unit multifamily development that would have set aside 41 units for low-income families.

Last month, Bonta announced in a letter to the city that the Strike Force would “target” Encinitas and would “hold them accountable” if the city did not reverse its decision and approve the multifamily project, according to a report in the California Globe.

The Globe also reported that the Strike Force is threatening legal action against the San Mateo town of Woodside for attempting to stop new housing project by declaring the town a mountain lion sanctuary. 

The newspaper said the Strike Force is pressuring Pasadena city officials to have them revoke a Landmark District exemption, stopping the city from preserving any more historic areas, to create more space for housing.

Although there are housing shortages in tight markets all over the US, Bonta said the severe housing shortage in California and “an affordability crisis of epic proportions” in the state were caused by cities and counties ignoring repeated state mandates to plan and permit new homes in order to create enough housing for residents at all income levels, according to the announcement press release.

Bonta said the mission of the Strike Force is to force cities and counties to build their “fair share” of new housing.