California sues city of Norwalk over homeless shelter ban that Gov. Newsom called ‘immoral’

California housing officials are now suing Norwalk, following through on warnings that a local ban on homeless shelters would land the city in court.

The lawsuit, filed in Los Angeles County Superior Court on Monday, alleges that Norwalk officials violated a number of state housing laws when they voted in August to pass a temporary ban on shelters and housing projects for unhoused people. After state officials said the policy was illegal, the City Council voted again to extend the ban by more than 10 months.

Rob Bonta, California’s attorney general, said in a news conference that the lawsuit was a last resort. “We would prefer that Norwalk simply follow the law,” he said. “But they have chosen. It is their choice. They've decided to willingly, intentionally and deliberately violate the law.”

Norwalk officials did not immediately respond to LAist’s request for comment.

The backstory

The legal action ratchets up a conflict that has already led to officials in Sacramento revoking certification of Norwalk’s state-mandated plan for accommodating new housing. By taking that action, the state has taken away streams of state homelessness and housing funding and the city’s ability to stop large-scale housing projects proposed through the “Builder’s Remedy.”

Norwalk’s City Council moved to ban permits for new homeless shelters and supportive housing based on the premise that such developments posed a threat to public health and safety. The ban also applies to laundromats, payday loan businesses and liquor stores.

Margarita Rios, the city’s mayor, previously told LAist that local officials know the needs of the community better than those serving in statewide office.

The larger trend

State officials have grown increasingly impatient with what they see as stubborn NIMBYism (an acronym that stands for “Not In My Backyard”) from elected leaders in a number of cities across the state.

California has won court battles against Huntington Beach over the city’s efforts to bypass a state law requiring local governments to plan for more housing. In Northern California, the city of Elk Grove recently settled with the state in a lawsuit over alleged fair housing violations.

“The Norwalk city council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable,” Gov. Gavin Newsom said in a statement on the latest in this round of housing lawsuits. “No community should turn its back on its residents in need.”

What happens next 

Bonta acknowledged that it could take months before a judge reaches a decision in the Norwalk case. He said the goal is to require the city to overturn its ordinance banning projects for unhoused residents, and to send a message to other cities that they will also face legal challenges if they attempt to enact similar policies.

“My office will continue to use the full force of the law to ensure Californians have a place to call home,” Bonta said.