Pro-housing activist Sonja Trauss, a pioneer in the YIMBY movement, was reading about a controversial 315-unit affordable apartment project in Lafayette in 2015 when she learned about a 1982 state law she’d never heard of before: the Housing Accountability Act.
The law said municipalities must approve a housing development as long as it is consistent with local zoning rules and general plan objectives, would not create a public health hazard or take water from neighboring farms, and would meet state environmental standards…
The California Renters Legal Advocacy Fund, or CaRLA — a group Trauss and her YIMBY allies formed in 2015 — is waging the sue-the-suburbs campaign. CaRLA has used the Housing Accountability Act to sue on behalf of developers in Sausalito, Berkeley, San Mateo, Sonoma, Dublin and Lafayette…
While the lawsuits will eventually result in some increase in the Bay Area’s housing stock — none of the projects in question have opened yet — the bigger impact so far has been to make municipal officials aware that violations of the Housing Accountability Act could result in expensive litigation.
How long until California changes the law to give communities more say over these matters? Not surprisingly, the end of the article mentions a counter group that a co-founder says is “not NIMBYs or anti-housing; for us the issue goes back to democracy and local control.” Suburbanites do like their local control.
This certainly would not be the first time the courts have been used to allow new housing construction in wealthier suburbs. It may be the only way to force compliance from suburbs that would rather not have cheaper housing and different kinds of residents. Unfortunately, it can be a very slow process within specific cases and overall progress is limited. Perhaps the threat of lawsuits and several successful cases in the past could force suburbs to move more quickly but I would guess some would still aim to drag out the process as much as possible.
Final thought: it would be interesting to track what happens to these developments allowed by the courts over time. Do communities eventually accept the housing units and residents? Would a positive response to a new development than encourage the community to pursue other similar developments? Or, does a court victory lead to hardened resistance?