Appeals court orders Huntington Beach to meet housing mandates

Huntington Beach, which has been battling in federal and state court against Gov. Gavin Newsom's insistence that it build more housing in the city, has lost a key battle in the 4th District Court of Appeal that has allowed it to delay compliance with a judge's order for years.

San Diego County Superior Court Judge Katherine A. Bacal ruled for the state in June 2024 but did not impose a 120-day deadline for the city to bring its housing element into compliance.

The state - along with The Kennedy Commission, a nonprofit organization that promotes affordable housing in Orange County - filed petitions for writs of mandate that were granted by the appellate court panel Thursday.

"We agree with the Petitioners that the trial court erred when it omitted the 120-day compliance deadline and one or more mandatory provisional remedies," Justice Judith D. McConnell wrote.

"We reach this determination because we are persuaded that Article 14 of Chapter 3 of Division 1 of Title 7 of the Government Code - the umbrella article containing sections 65754 and 65755 - applies in legal enforcement actions challenging the housing elements of charter cities like the City," she added.

The panel ordered Bacal to vacate her June 2024 order, which didn't include the compliance deadline or any of the provisional remedies, enter a new order that satisfies Government Code Sections 65754 and 65755, and vacate her stay of the superior court proceedings.

McConnell wrote that her view was bolstered by a state law, SB 1037, that went into effect in January and undermined Huntington Beach's argument that the state law cannot apply because the beach town is a charter city.

The new law applies to actions against all cities, including charter cities, to enforce the requirements of the state's housing element, she added. The Kennedy Commission et al. v. Superior Court, 2025 DJDAR 8925 (4th District Court of Appeal, filed Dec. 6, 2024).

Huntington Beach City Attorney Michael J. Vigliotta, who argued in briefs that the state's demands would require the construction of 13,368 new high-density units, criticized the panel decision in an email and expressed concerns about the state housing mandates' impact on the city's "environment, infrastructure, and beach community character."

"We are working with outside counsel to evaluate the court of appeal ruling," Vigliotta added in a Friday statement. "The court remanded the case to the superior court for further litigation. We look forward to defending local control over these housing matters."

Attorney General Rob Bonta praised the ruling Friday.

"At a time when California is experiencing a housing crisis of epic proportions, the City's continued reluctance to follow the law is inexcusable, and we have been in court seeking accountability," he wrote. "Huntington Beach is running out of excuses, and the consequences for failing to plan for its fair share of housing are becoming clearer and more serious."

Kari G. Ferver, a Crowell & Moring LLP associate who represents the Kennedy Commission, declined to comment.

But in a brief, she wrote that without a hard deadline and the threat of court action, Huntington Beach would continue to ignore its obligations under the housing element.

"Until the City is held accountable via the statutorily required relief, the City likely will do nothing to help abate California's critical housing shortage because it has no incentive to do so," she wrote.

Huntington Beach has fought the city's demands for more high-density housing in single-family neighborhoods for years but has come up short thus far.

In April, the 9th U.S. Circuit Court of Appeals rejected the city's bid for en banc review of a three-judge panel decision that the city and its elected officials do not have standing to challenge the laws' constitutionality. City of Huntington Beach et al. v. Newsom et al., 2025 DJDAR 3250 (9th Circ., filed Nov. 22, 2023).

Vigliotti announced at the time that he planned to file a writ of certiorari with the U.S. Supreme Court seeking to reverse that decision, although the city requested an extension. Justice Elena Kagan granted it until Thursday. City of Huntington Beach et al. v. Newsom et al., 25A12 (S. Ct., docketed July 2, 2025).