SB 10 Gentrification Bill Unconstitutional - AHF Files Suit

Press Conference and Zoom Telecon. Thursday, Sept. 23^rd - 1:00 p.m. PT

Housing Is A Human Right HQ, 6500 Sunset Blvd, Hollywood CA 90028

Lawsuit, filed in Los Angeles County Superior Court, asserts that California Senate Bill 10 violates the California constitutional right of initiative by allowing local elected officials to override zoning restrictions established by local initiative

Housing justice advocates from AHF and other organizations will host an in-person press conference and Zoom press teleconference Thursday, September 23 at 1:00 p.m. PT at the headquarters of AHF’s Housing Is A Human Right (HHR) housing advocacy division in Los Angeles (6500 Sunset Blvd., L.A. 90028) to discuss AHF’s filing of a lawsuit challenging a provision in California Senate Bill 10 (Wiener, D-San Francisco), a housing production bill signed by Governor Newsom last week.

The complaint, filed Wednesday, September 22^nd in Superior Court of California County of Los Angeles (Case No. 21STCP03149) challenges the constitutionality of a provision in the bill intended to streamline the process for cities to zone for multi-unit housing. A clause in the legislation states that “notwithstanding . . . restrictions enacted by local initiative, a local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel.” Unlike zoning ordinances passed by local government, ordinances adopted by initiative measure may not be amended or repealed without a vote of the people. AHF asserts this provision allowing legislators to override zoning restrictions violates the constitutional right of initiative by allowing local government to repeal or disregard initiative measures put in place by the voters.

CONTACT: Ged Kenslea, AHF Communications (323) 791-5526 cell ged.kenslea@aidshealth.org

According to a press statement issued by the Governor upon signing SB10 (and SB9), SB10 “… creates a voluntary process for local governments to access a streamlined zoning process for new multi-unit housing near transit or in urban infill areas, with up to 10 units per parcel.”

“We believe SB10 includes a blatant constitutional overreach in its provision allowing two-thirds of members a city council, board of supervisors or other such ‘members of a legislative body’ to override local initiatives, including those with zoning restrictions, that may have been legally put in place by voters through the initiative process,” said Michael Weinstein, president, AHF. “This provision ignores the intent and will of voters totally disregarding the sanctity of voters’ rights. We believe the provision is clearly unconstitutional and are therefore seeking to invalidate that provision and the entire law.”

View source version on businesswire.com: https://www.businesswire.com/news/home/20210922006053/en/

Unlike zoning ordinances passed by local government, ordinances adopted by initiative measure may not be amended or repealed without a vote of the people. AHF asserts this provision allowing legislators to override zoning restrictions is unconstitutional.