The state’s legal action against the city of Norwalk over its 2024 ordinance putting a moratorium on new homeless shelters and other housing projects can move forward, a judge ruled Tuesday while also dismissing the City Council as a defendant.
“Petitioners are correct that there is a significant public interest in ensuring that the city does not enact an ordinance that violates state law,” Los Angeles Superior Court Judge James Chalfant wrote in a tentative ruling that he finalized after hearing arguments Tuesday.
However, the judge also was critical of the state’s conduct in the litigation.
“Petitioners charged into court and insisted on invalidation of the moratorium without alleging any facts of imminent and significant hardship,” the judge wrote while giving the city 30 days to file an answer to the petition.
In their court papers, attorneys for the city called the litigation filed by the state on behalf of the Department of Housing and Community Development a “red herring” petition.
“Petitioners seek to invalidate and stay a moratorium that is already stayed and is not currently being enforced by the city,” the city’s lawyers contended.
The state in October officially declared Norwalk to be in violation of state housing requirements, cutting off state funding to the city for housing and anti-homelessness projects.
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The City Council, however, doubled down on its stance, voting to extend the moratorium for another 10 months. But in October, the council voted to stay enforcement of the moratorium to try and find a solution with the state.
Norwalk passed its moratorium by citing the Housing Crisis Act, which allows cities and local governments to issue bans on housing facilities when there is “an imminent threat” to public health and safety. State officials rejected the contention that any threat exists.
According to the state, Norwalk has issued permits for 175 housing units during the current “housing element cycle,” which is only 3.5% of its assigned allocation of 5,034 units required to ensure that communities have enough housing.
“Despite receiving several warnings, the city of Norwalk has refused to repeal its unlawful ban on new supportive housing for our most vulnerable residents,” Attorney General Rob Bonta said when the case was filed Nov. 4. “Enough is enough.”
“Every city and county in California has a legal obligation to help solve our homelessness crisis. We have not, and will not hesitate, to ensure that everyone with the power to approve or disapprove housing takes their duties seriously,” Bonta added.
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