Press Release: YIMBY Law Blocks Culver City's Illegal Downzoning, City to Appeal

Contact: Jae Garner

Culver City, CA— YIMBY Law has prevailed in a Superior Court lawsuit filed against Culver City for their attempt to amend the city’s residential zoning code, a decision the city is now moving to appeal. If upheld, the city’s zoning amendment would effectively down zone single-family-zoned residential land, making it more difficult to increase the number of homes in the city.

“The Court’s decision affirms with clarity that Culver City must comply with California housing law. YIMBY Law is dedicated to holding jurisdictions accountable for compliance. This is critical to address our state’s housing crisis,” said Rafa Sonnenfeld, Director of Legal Advocacy at YIMBY Law.

The lawsuit was filed in response to an ordinance passed by the Culver City Council on July 13th, 2020. The ordinance would have reduced the allowable square footage in single-family homes and restricted the definition of a single-family home to include only one kitchen. Based on data from existing homes in Culver City, the ordinance would have reduced the average potential size of single-family homes by approximately 750 square feet. According to city documents, these changes were made to prevent homeowners from breaking their homes into multiple units.

The Superior Court judge sided with YIMBY Law in the suit, which stated that the proposed ordinance would have reduced the current and potential use of the residential land. This is explicitly prohibited by SB 330, a law passed in 2019 that prohibits many actions that delay new homes from being built or decrease the number of homes approved for construction. 

If upheld, Culver City’s ordinance would create additional barriers to the implementation of new state housing laws that legalize and incentivize the construction of more homes. SB 9 is one such law, which legalizes duplexes and residential lot splits, creating the potential for as many as four homes on a previously single-family only property.

YIMBY Law will continue to oppose Culver City’s ordinance in appellate court, on the grounds that the city’s proposed restrictions directly violate SB 330.

“Exclusionary cities have prevented new homes from being built inside their limits for decades,” said Sonja Trauss, Executive Director of YIMBY Law. “Laws like SB 330 and SB 9 help ensure even the most exclusionary cities play their part in ending California’s crippling housing shortage. And YIMBY Law is here to make sure they do.”

Press Release: Following YIMBY’s Advocacy, HCD Commits to Assess Jobs-Housing Balance in the RHNA Process

Contact: Jae Garner

SACRAMENTO, CA – The California Department of Housing and Community Development (HCD) has committed to ensuring that the jobs-housing balance as required under state law will be included in its RHND methodology process going forward. YIMBY Law and YIMBY Action have suspended their lawsuit regarding state housing goals due to this commitment.

In February 2021, YIMBY Law and YIMBY Action filed a lawsuit against HCD in Alameda County Superior Court. The suit claimed that state planners did not adequately consider the jobs-housing balance in the Bay Area’s housing goals. Researchers at UCLA have estimated that including the feasible jobs/housing balance could increase the number of homes assigned in the Bay Area by as many as 138,000.

A recent audit conducted by the California State Auditor backed up these claims, recommending that an assessment of a healthy jobs housing balance be included in future Regional Housing Needs Determinations (RHND). Across multiple jurisdictions, the audit found errors in housing allocations that resulted in lower numbers of housing production goals. In all examined regions, the audit found that HCD failed to include the jobs housing balance.

“We are excited that HCD has committed to addressing California’s jobs-housing balance. This commitment addresses the serious concerns we have expressed about the state overlooking this requirement,” according to Rafa Sonnenfeld, director of legal advocacy for YIMBY Law.  “We welcome HCD’s commitment to establishing a more accurate calculation of the number of homes needed throughout the state. We look forward to working with them to ensure full implementation.”

HCD has committed to conducting a public process around methodology and consider existing and/or projected relationships between jobs and housing in regions throughout California. Based on input from experts and available data, HCD will consider incorporating any jobs-housing balance methodology, jobs-housing targets, and necessary adjustments into future housing needs determinations.

The balance between the number of jobs compared to homes in each region, or the “jobs-housing balance” is an essential part of evaluating economic opportunity as it relates to the availability of homes in communities across the state. Without an accurate assessment of this relationship, job growth will continue to outpace the increase in housing supply, exacerbating the housing shortage.

According to Laura Foote, Executive Director of YIMBY Action, “Today’s announcement is a win for housing in California. In light of this commitment from HCD as well as the recent state audit, it is more important than ever to recognize that our Regional Housing Needs Allocations are a floor, not a ceiling, for housing production. RHNA goals underestimate the true need for more homes in our communities. Cites can and should build even more.”

Press Release: State Audit Confirms Flaws in CA's Housing Needs Assessments. Housing Goals Deemed Too Low in Many Cities.

Contact: Jae Garner

On Thursday March 17, 2022, the CA State Auditor’s Office (CSA) released their audit of the Regional Housing Needs Assessments (RHNA) process and outlined serious deficiencies in the state’s housing needs assessment process. According to the report, the CA Department of Housing and Community Development (HCD) “does not ensure that its needs assessments are accurate and adequately supported.” This has resulted in an underestimate of housing needs in multiple regions. 

The audit included recommendations for HCD to assess the balance between the number of jobs compared to homes in each region, or the “jobs housing balance,” highlighting an issue brought by YIMBY Law and YIMBY Action in a suit filed in February of last year (“YIMBYs Sue for Even More Housing Via RHNA”). 

“This confirms YIMBY Law's belief that our state housing goals - while daunting to cities that have systematically blocked housing for decades - in fact underestimate the critical need for more homes in our state. Significant progress has been made in our housing needs assessment process, and our housing goals are more ambitious than ever before. Still, YIMBY Law has pointed to flaws in the state’s housing needs assessment process and is pleased that these issues underestimating the need for housing are finally seeing the light of day,” said Rafa Sonnenfeld, Director of Legal Advocacy at YIMBY Law.  “I cannot overstate the importance of HCD’s process being both accurate and trustworthy for meeting the housing needs of all Californians.”

“Setting - and meeting - state housing goals that address the true needs of our state is the only way we can build a future for people from all kinds of backgrounds and all walks of life. If we want to live up to our inclusive values and build a California that can thrive, we must ensure that all Californians have a place to live,” said Laura Foote, Executive Director of YIMBY Action. “In light of this audit, it is more important than ever to recognize that our Regional Housing Needs Allocations are a floor, not a ceiling, for housing production. RHNA goals underestimate the true need for more homes in our communities. Cites can and should build even more homes.”

These results are likely unexpected for critics of HCD, who originally called for an audit in the hopes that regional housing goals had been set too high. Led by Senator Steve Glazer, many legislators who called for this audit represent some of California’s lower density districts who have continued to oppose the RHNA process. Many cities in these districts appealed the number of homes assigned to them in the recent Regional Housing Needs Allocation process, asserting that the numbers assigned to them were too high. Some skeptics of the RHNA process asserted that an accurate allocation would result in their assigned number of homes being cut in half. In the Bay Area alone, 27 jurisdictions challenged their allocations. All but one of these appeals was denied.

Across multiple jurisdictions, errors in housing allocation determinations resulted in lower numbers of housing production goals. In all examined regions, the audit found that HCD failed to include the jobs housing balance. The jobs housing balance is an essential part of evaluating economic opportunity as it relates to the availability of homes in communities across the state. Without an accurate assessment of this relationship, workers will be forced to live further from their jobs. This will lead to increased car usage, carbon emissions, and wealth inequality. The CSA, HCD, and YIMBY Law agree: the jobs housing balance must be added as a specific adjustment factor in this process.

Auditors pointed out several changes needed to increase the accuracy of the needs assessment and ultimately increase the number of homes assigned to cities across California. With a housing shortage of over 3.5 million homes and decades of underdevelopment, the housing needs determination process is necessary to allow jurisdictions to plan for the homes Californians need. YIMBY Law urges HCD to implement the recommended improvements immediately.