HAC-Ed Recap: Holding Cities Accountable
With dozens of cities still dragging their feet on legally required rezonings, HAC-Ed turned its attention to one of the most powerful and least understood tools in the pro-housing toolkit: litigation.
HAC’s lead attorney, Tom Mayhew of Farella Braun + Martel LLP, joined us for a clear-eyed look at how housing lawsuits are shaping local compliance and why, when cities break the law, legal action becomes not just justified, but necessary.
Working with Cities Comes First
Before diving into court cases, Tom made one thing clear: litigation is always a last resort. HAC and our legal partners start by engaging cities directly through letters, meetings, and repeated communication to encourage voluntary compliance with state housing law. But when cities refuse to rezone, stall projects, or pass laws that violate their own certified Housing Elements, it becomes necessary for HAC to uphold the rules meant to unlock housing across California.
Four Types of Housing Lawsuits
Tom outlined the four key legal pathways HAC and its partners are pursuing:
Mandatory Duty Cases
Filed against cities that haven’t adopted a compliant Housing Element. These suits often involve the state’s Housing Accountability Unit (HAU) and are fundamental to ensuring a baseline of compliance.Builder’s Remedy Enforcement
Some cities without certified Housing Elements are rejecting or stalling "Builder’s Remedy" projects which state law allows. Legal action ensures developers can access this entitlement when cities are out of compliance.Failure to Rezone on Time
State law requires rezonings to follow within one or three years of a certified Housing Element. Cities that miss these deadlines (intentionally or otherwise) face suits to compel action.Preemptive Challenges to Zoning Codes
These target cities whose zoning ordinances fail to match their own certified plans. For example, if a city promises multifamily housing in its Housing Element but only allows single-family in practice.
What the Courts Are Saying
While many cases are still in progress, the early legal decisions are already changing the landscape:
Courts have upheld Builder’s Remedy projects, rejecting procedural delays or "incomplete" excuses.
Judges have compelled cities to follow rezoning timelines, even when local politics try to slow things down.
Lawsuits have directly led to cities withdrawing bad ordinances, increasing density, or expanding development capacity.
In short, we’ve found productive results in bringing litigation to cities that try to shortcut their housing responsibility, turning cheat-codes into tangible gains for housing.
Behind the Headlines: What’s Really Happening
Tom shared real examples of the types of behavior prompting legal action:
Cities adopting “fake” rezonings that don’t actually add capacity.
Deliberate delays to punt rezoning fights past elections.
Attempts to walk back promises made during Housing Element certification.
Some cities do comply after outreach. Others dig in. HAC’s legal strategy targets the cases with the most potential for systemic impact to unlock real homes where they're needed.
Q&A Highlights
How many cities are still noncompliant?
Dozens (possibly more) have yet to complete legally required rezonings.Is there backlash to this legal approach?
Yes. Some jurisdictions are actively resisting. But each win builds precedent, showing that the courts are paying attention.What happens next?
HAC continues to monitor, engage, and, when necessary, litigate. The priority is always to resolve issues collaboratively. But if that fails, we go to court with precision.
Final Thoughts
This session underscored that the fight for housing is no longer just in planning departments or city councils – the courts are now a critical battleground. When used strategically, litigation is a lever to restore fairness, transparency, and legal compliance in housing policy.
Thanks to Tom for lifting the curtain on HAC’s legal advocacy, and to our members for continuing to ask smart questions and push for housing solutions rooted in accountability and equity.
