State sues Norwalk over housing policies

NORWALK — Escalating a months-long standoff, the state filed a lawsuit Monday against the city of Norwalk over its passage of an ordinance blocking new homeless shelters and other housing projects.

"The Norwalk City Council's failure to reverse this ban, despite knowing it is unlawful, is inexcusable," Gov. Gavin Newsom said in a statement. "No community should turn its back on its residents in need."

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.

The Norwalk City Council originally approved an ordinance in August putting a 45-day moratorium on emergency shelters, single-room occupancy units, supportive housing and transitional housing. That prompted Newsom in September to warn the city that it was in violation of state law, and he urged the city to reverse direction.

The City Council, however, doubled down on its stance, voting to extend the moratorium for another 10 months. That led to Monday's filing of a lawsuit in Los Angeles Superior Court.

Norwalk Mayor Margarita Rios and the City Council issued a statement in September saying the city has made strides in providing shelter for its homeless population.

"Gov. Newsom's threats of a lawsuit overlook Norwalk's long-standing and effective efforts to address homelessness," they said in the statement. "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 also hosted one of the largest Project Roomkey sites during the pandemic. Despite these efforts, Norwalk has received no Measure H funding, forcing the city to use its own resources to manage the fallout from abandoned state-mandated programs, which puts both residents' safety and the city's finances at risk. We urge Gov. Newsom to recognize Norwalk's proactive measures and provide direct resources to support its ongoing efforts."

After the state declaration of violation in October, the city issued a statement saying, "The City Council is committed to safeguarding the interests and public safety of Norwalk residents while retaining local control over land use decisions. Our ordinance was specifically designed to protect residents by promoting responsible development. However, our experience with housing programs, particularly Project Roomkey, which placed a substantial number of homeless individuals with high acuity needs, near homes, schools, and public spaces, has raised significant concerns. This project has negatively impacted public safety and community well-being. We urgently need improved communication and collaboration from the state to address these issues; we must tackle this in a spirit of cooperation rather than under the threat of penalties."

Norwalk passed its ordinance citing the Housing Crisis Act. It 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, the city of Norwalk has only 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."

"Today's lawsuit should come as no surprise," state Attorney General Rob Bonta said in a statement Monday. "Despite receiving several warnings, the city of Norwalk has refused to repeal its unlawful ban on new supportive housing for our most vulnerable residents. 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."

The state contends the city's ban on shelter projects violates multiple statutes, including the Housing Crisis Act, Affirmatively Furthering Fair Housing and the Housing Element Law.