RHNA rears its head: State threatens housing element lawsuit against Norwalk for using an urgency homeless ordinance
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In an echo of SF Mayor Breed’s Tenderloin curfew, Norwalk has issued an urgency ordinance cracking down on liquor stores and payday loan shops, on top of several types of homeless shelters. Mayor Margarita Rios defends her city’s record supporting veterans and homelessness outreach. But experts say that the State will win, because the severe housing element mandate can trump a city’s bid to protect public safety, health, and welfare. SF Chronicle’s Sara Libby reports.
A Southern California city is doubling down on its crackdown against the poor and the unhoused, even after Gov. Gavin Newsom threatened to sue the city over its actions.
But Norwalk’s measure is even more far-reaching than the state’s condemnations let on. On top of banning new shelters, the ordinance bans a whole host of other types of businesses that service low-income clientele, including liquor stores, discount stores, payday loan establishments, car washes and laundromats.
The tension over the ban underscores the state’s challenge as it works to address a crippling housing and homelessness crisis, along with anger over tent and RV camps. Over the past decade, state lawmakers have passed a number of measures aimed at removing local governments’ ability to reject new housing or shelter options.
The ordinance itself cites a state code that allows cities seeking to “protect the public safety, health, and welfare” to “adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time.”
“Governor Newsom’s threats of a lawsuit overlook Norwalk’s long-standing and effective efforts to address homelessness. The city has made significant strides, including opening affordable housing for homeless veterans, supporting L.A. County’s Homekey project, funding its own homelessness engagement teams, and being one of the few cities in L.A. County with a dedicated Social Services Department to assist people experiencing homelessness,” [Norwalk Mayor Margarita] Rios said. “We urge Governor Newsom to recognize Norwalk’s proactive measures and provide direct resources to support its ongoing efforts.”
“They can’t ban homeless shelters completely, because they’re required to zone for some amount of shelters under their housing element,” [Chris Elmendorf, a professor at UC Davis School of Law] said, referring to the state-mandated plans cities must submit to the state laying out their plans to accommodate new and existing residents.
Read the whole thing here.
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