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Housing & Homelessness

What A Judge's Ruling Could Mean For Building Multiple Units On Single-Family Lots In California

An aerial view of buildings and homes next to a long sandy beach.
Redondo Beach is among the cities challenging SB9.
(
Ricks Moulton/Getty Images
/
iStockphoto
)

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Topline:

In a case that’s expected to test how far the state can go to order cities to approve more housing in low-density neighborhoods, an L.A. County judge agreed with Southern California cities who argue a 2021 state law overstepped.

About SB 9: Redondo Beach, Carson, Torrance, Whittier and Del Mar filed the lawsuit to overturn SB 9, a 2021 state law that increased the density of housing allowed in single-family neighborhoods. The law grants homeowners the right to split single-family lots and build up to four units of housing. These zones make up about 78% of residential land in the greater L.A. area.

The decision: Judge Curtis Kin agreed with the cities, writing that "SB 9 cannot stand" because it does not require new housing to be restricted to low- and moderate-income households. Right now, that only applies to the five cities that sued. But, if it's upheld on appeal, Kin’s ruling could potentially apply to cities across the state.

The backstory: So far, the law has been little used. The city of L.A. received 211 applications during the first year of implementation for SB 9, according to UC Berkeley’s Terner Center for Housing Innovation.

Why it matters: Housing policy experts will be watching this case closely as it moves to higher courts because of its implications for efforts increase available housing in the state, which is in an affordable housing crisis. A spokesperson for California Attorney General Rob Bonta said his office is reviewing the decision and considering “all options in defense of SB 9.”

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