Housing advocates sued over local duplex bans after the LA fires. Now, two cities are backing down

Duplex projects will be allowed to move forward once again in two Southern California cities affected by last year’s fires. The change of course is the result of a court showdown between advocates for denser housing and local elected officials who wanted to ban more units from cropping up in burn zones.

The cities of Malibu and Pasadena have agreed to settle with the plaintiffs who brought forward a lawsuit that challenges local jurisdictions’ suspension of Senate Bill 9 in high fire risk zones, according to documents obtained by LAist.

Sonja Trauss, executive director of YIMBY Law, a plaintiff in the lawsuit, said the result will help residents get more out of their properties.

“I want them to know that they can build,” Trauss said.

How we got here

SB 9 allows single-family homeowners across the state to build duplexes and split their lots. It became state law in 2021. SB 9 applicants can use the law to create up to four units where a single-family home once stood, in some cases. The law takes away the ability of local governments to block these projects.

However, after the 2025 fires, some homeowners affected by the fires erupted with anger over the prospect of their burned-down neighborhoods being rebuilt with denser housing. They argued more homes — and the additional residents that come with them — would clog evacuations and hurt neighborhood character.

In July 2025, Gov. Gavin Newsom signed an order giving local leaders the power to block the law in very high fire hazard areas within the Palisades and Eaton fire burn zones.

Elected officials in L.A. city, the county of L.A., Pasadena and Malibu followed suit and adopted policies to stop processing SB 9 applications in those areas.

Advocates for increased housing development, including YIMBY Law, sued the governments, alleging they didn’t have the authority to suspend laws passed by the legislature.

Trauss told LAist housing advocates believe the order is being misused for political purposes.

“ It chips away at the policy,” she said. “Especially in the Palisades, everybody could watch the political back-and-forth that caused that to happen.”

The backlash on social media to SB 9 projects in the Palisades was led by former reality TV star Spencer Pratt, who lost his home in the fire and later mounted an unsuccessful campaign for L.A. mayor.

What the settlement means

According to the settlement documents, Malibu and Pasadena have agreed to repeal the local ordinances that blocked SB 9 projects by the end of September. The settlements still require City Council action to undo those bans.

The cities are also supposed to process any pending SB 9 applications that were submitted, paused or rejected.

Another plaintiff in the lawsuit — Andrew Slocum, CEO of Green Development Company — said he thinks Newsom never should have signed the executive order in the first place.

Slocum said he hopes to see recovering homeowners have more options when rebuilding their properties. Last year, he told LAist he was working with homeowners on SB 9 projects.

The settlement “allows for the people to hopefully be able to come back and resubmit that application,” Slocum said, “because most people who are doing SB 9 are the homeowners themselves.”

The Pasadena City Council took the first step toward repeal on July 20, according to city spokesperson Lisa Derderian. She said they’ll start processing SB 9 applications once the vote is finalized.

“The City reached a conditional settlement with YIMBY in recognition of the uncertainty inherent in litigation and the significant passage of time since the Eaton Fire in January 2025,” she said in a statement.

LAist contacted officials in the city of Malibu for comment but has not heard back.

What’s next

The county and city of L.A. are still fighting the lawsuit. They control land use in Altadena and the Pacific Palisades, home to the lion’s share of properties affected by the Eaton and Palisades fires.

State officials also continue to defend the restrictions. Newsom’s office stands behind the executive order and plans to defend it in court, according to a state official.

Trauss said the parties met for  a trial setting conference a few days ago.

“ I want the folks in the county and in the city of L.A. who could build … to have hope,” she said.

The lawsuit is playing out while state legislators are moving forward with a new bill, SB 1090, which would expand the ban on SB 9 to all of Altadena.