Moore, Tania
Front: Keith Diggs <[email protected]>
To:
Cc: [email protected]; [email protected]
Subject: Agenda Item #33 - Ordinance to Ban Builder's Remedy Developments Attachments: 221220 CHE_YL Letter to Huntington Beach re Builder's Remedy (1).pdf Hello,
Please find attached a letter from YIMBY Law regarding item 33 on tonight's agenda.
Keith Diggs 8
Legal Manager
703-409-5198
YES IN MY
BACK YARD
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 12/20/2022
Aganda Nam No: #33 /22-10960)
1 Campaign for Fair Housing Elements
fairhousingelements.org YIMBY
LAW
City Council of Huntington Beach
Via email: [email protected]; [email protected]; Cc: [email protected]; [email protected]
December 20, 2022
Re: Agenda Item #33 - Ordinance to Ban Builder's Remedy Developments To the City Council of Huntington Beach:
We see that the City intends to "[a]uthorize" its city attorney to prepare "an ordinance banning 'Builder's Remedy' developments from taking place in Huntington Beach." The builder's remedy (Gov. Code § 65589.5(d)) suspends local control as applied to affordable housing projects in cities, such as Huntington Beach, that have failed to adopt a compliant housing element. As part of the Housing Accountability Act, the builder's remedy "appli[es] to charter cities." (Id., subd. (g).) Courts have upheld the HAA's preemptive effect. (California Renters Legal Advocacy & Educ. Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 846-51.)
Like a so-called sovereign citizen, the City has no basis for declaring itself exempt from State law. The proposed plan is illegal, and we warn the City not to execute it.
Govern yourselves accordingly,
Keith Diggs
Legal Manager, YIMBY Law
[email protected]