Housing Element Lawsuits

We are suing Cupertino ... Martinez... Palo Alto... Pleasant Hill ...Who is next?

We are suing
Cupertino ... Martinez... Palo Alto... Pleasant Hill ...
Who is next?

CalHDF has allied with YIMBY Law and Californians for Homeownership to hold Bay Area cities and counties accountable to state housing element law. By January 3, 2023, 12 total lawsuits had been filed across the Bay Area, with each municipality being sued by one or two of the allied organizations. Read our announcement.

CalHDF Suits

  • Cupertino (w/ YIMBY Law)

  • Martinez

  • Palo Alto (w/ YIMBY Law)

  • Pleasant Hill

Read our Petitons

CalHDF Housing Element News

Refinery Oversight Committee Holds First Meeting; Martinez is Sued for Failing to Adopt Housing Plan; Sewer Rates Headed Up, Up and Up; and MRC’s Pond 7 Bites the Dust
Martinez News-Gazette, Feb 23, 2023

Lawsuits Follow Housing Plan Failures in the San Francisco Bay Area
Planetizen, Feb 22, 2023

What does builder’s remedy mean for Mountain View? A local developer is trying to find out
Mountain View Voice, Feb 17, 2023

Santa Clara County sued for missing housing plan deadline
San José Spotlight, Feb 8, 2023

Pro-housing advocates are suing these Bay Area cities to plan for more homes
East Bay Times, Feb 8, 2023

California cities face flurry of lawsuits over missed housing mandate
Courthouse News Service, Feb 7, 2023

Palo Alto sued over delay in adopting its housing plan
Mountain View Voice, Feb 7, 2023

YIMBYs Bombard Bay Area Cities With Lawsuits for Flouting State Rules
The San Francisco Standard, Feb 7, 2023

YIMBYs are about to sue the daylights out of cities across the Bay Area. Here’s why
San Francisco Chronicle, Feb 7, 2023

YIMBYs sue city of Palo Alto for missing state housing plan deadline
Palo Alto Daily Post, Feb 6, 2023

Housing groups threaten Belvedere with lawsuits
The Ark, Jan 18, 2023

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As of June 2023, only 59% of California’s 539 jurisdictions have compliant housing elements.
HCD Housing Element Compliance Tracker

What happens if you're out of compliance?

 

Possible consequences include:
  • Streamlined Ministerial Approval Process including the Builder’s Remedy
  • Legal Suits and Attorney Fees
  • Loss of Permitting Authority
  • Financial Penalties
  • Court Receivership
  • Loss of eligibility for state and federal funds

[Read more]

What is the Builder's Remedy?

 

  • A mechanism established by the Housing Accountability Act (HAA)
  • Effective in all jurisdictions without compliant housing elements (regardless of zoning standards)
  • Requires cities to approve any proposed housing development with either 20% low income homes, or 100% moderate income homes

[Read more]