Press Release: YIMBY Law Wins Lawsuit Against City of Los Angeles Challenging Illegal Denial for Construction of Multi-Family Housing Project
/Contact: Jae Garner
Los Angeles, CA— YIMBY Law has won a lawsuit at the Superior Court against the City of Los Angeles after the City repeatedly ignored the law by denying the construction of over 60 apartments. At issue is the city’s non-compliance with amendments to the Housing Accountability Act (HAA) made in 2018, which require cities to allow housing developments at the density in the General Plan, even if the zoning only allows lower densities.
Akhilesh Jha, the project’s sponsor, proposed the 60+ unit building on a lot that allows multifamily homes in the city’s General Plan. The city’s current zoning, however, only allows for a single-family detached home as well as agricultural uses including “The keeping of equines, bovines, goats…poultry, fowl, rabbits, chinchillas and other small animals.” Despite compliance with the General Plan, which according to the HAA should have led to the project being approved without a zoning change, City officials denied the project, citing zoning laws as a primary barrier.
“It’s absurd that current zoning makes it easier to reserve space for chinchillas than it is to build homes for people,” said Sonja Trauss, Executive Director at YIMBY Law. “It’s time for Los Angeles to focus on addressing the housing affordability crisis. The result of this lawsuit will help make that happen.”
Recent changes in California’s housing law, including the 2018 amendments to the Housing Accountability Act, were passed to address the severe housing shortage throughout the state and to make it easier to build homes. Instead of following clear guidelines set in Los Angeles’ General Plan that would allow more homes and help address the housing shortage, the city discouraged this multi-family home project by incorrectly claiming that it would require a zoning change.
The Superior Court ruling comes as jurisdictions across California are updating their Housing Elements, which are a part of their General Plans. It sets the stage for strengthening Housing Elements which must comply with state requirements to meet local housing needs. Zoning plans often contradict Housing Elements, or fall short of providing density updates that are needed to address California’s growing population. Builders can now take full advantage of General Plan density provisions where cities lag behind in their zoning.
The City of Los Angeles will have 60 days to comply with the Housing Accountability Act by approving the apartment project.
“As housing elements are revised and implemented, this decision could pave the way for projects to move forward immediately, without waiting years for cities to complete their required rezonings,” said Rafa Sonnenfeld, director of legal advocacy at YIMBY Law. “YIMBY Law is eager to continue facilitating the implementation of state housing law to address California’s severe housing shortage.”