If a city refuses to meet its statutory planning requirements for housing, the California Department of Housing and Community Development (HCD) can deny or revoke certification of the city’s housing element, potentially preventing the city from approving development of any kind in the city. Cities that do not have compliant housing elements can also be sued by the California Office of the Attorney General. Cities that continue to refuse to comply after being sued by the Attorney General could be subject to fines beginning at $10,000 per month and escalating to up to $600,000 per month as provided for in Assembly Bill 101 (https://leginfo.legislature.ca.gov/faces/billTextClient .xhtml?bill_id=201920200AB101). The Court could ultimately even appoint a receiver empowered to make land use decisions on behalf of the city. Cities that fail to comply with State housing laws in considering housing projects are also subject to lawsuits from any person eligible to apply for residency in the development, as well as from any housing organizations (Government Code 65589.5 – https://leginfo.legislature.ca.gov/faces/ codesdisplaySection.xhtml ?lawCode=GOV§ionNum=65589.5).
Office of Governor Gavin Newsom - https://www.gov.ca.gov/2019/01/25/housing-accountability/.
California Department of Housing and Community Development – Accountability and Enforcement - (http://www.hcd.ca.gov/community-development/accountability-enforcement.shtml).