Governor Newsom sues Norwalk for temporary ‘unlawful’ homeless shelter ban

California Governor Gavin Newsom and Attorney General Rob Bonta sued the city of Norwalk for its unlawful ordinance banning the establishment of new homeless shelters and other housing. The lawsuit, filed Monday, requires the city to overturn the ordinance stating that the city’s ban violates numerous state laws. 

Bonta said that the lawsuit happened after the city of Norwalk received several warnings and still refused to repeal its unlawful ban on new supportive housing for people without homes.

“Every city and county in California has a legal obligation to help solve our homelessness crisis,” said Bonta Monday at a press conference. “We have not, and will not hesitate, to ensure that everyone with the power to approve or disapprove housing takes their duties seriously.”

The California Department of Housing and Community Development (HCD) sent Norwalk a notice of violation on September 16 after the city council adopted a 45-day urgency ordinance imposing a moratorium on emergency shelters, single-room occupancy housing, supportive housing, and transitional housing. 

The following day, the council extended that ordinance another 10 months and 15 days. The moratorium violates several state planning and fair housing laws, including the Housing Crisis Act, Affirmatively Furthering Fair Housing, and Housing Element Law.

On October 3, in response to the city's failure to reconsider the ban, the state announced that it was decertifying the City of Norwalk's housing element. The state’s action makes the city ineligible for significant housing and homelessness funding and means the city can no longer deny permits to “builder’s remedy” affordable housing projects.

City of Norwalk responds

On Tuesday, the City of Norwalk responded saying that the lawsuit was served late Monday with the state’s Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief. “We are reviewing the complaint and want to emphasize that Norwalk remains committed to addressing homelessness through partnerships,” says the statement. “The City is disappointed with the state’s approach as it was hopeful that it could reach a resolution without litigation.” 

The statement continued by saying that the City of Norwalk continues to reach out to state stakeholders in its approach to forge partnerships in line with Attorney General Bonta’s statement supporting collaborative solutions to these important issues.

Governor Newsom said the City of Norwalk’s council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable. 

“No community should turn its back on its residents in need,” he said in a statement.

In August, Governor Newsom issued an executive order urging local governments in California to address unsanitary and dangerous encampments in their communities. It also required the cities to provide people in those encampments with the care and supportive services they need.  On August 6, Norwalk passed the banning ordinance and in September the Council expanded it. 

Since 2019, HCD has awarded Norwalk nearly $29 million in housing and homelessness funds. According to Newson's office, 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 its community has enough housing."