ACTION Apartment Association - California court rules state laws cannot broadly override local government

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California court rules state laws cannot broadly override local government

California court rules state laws cannot broadly override local government

04/30/2024 7:36 AM | Margaret Fulton (Administrator)

A California court ruled state laws cannot broadly override local control over development and zoning, finding one of the state’s most significant new zoning laws is unconstitutional.

“This is not a case about whether or not our State Legislature may enact legislation to ensure access to affordable housing or whether it may act to address the different concern of a statewide housing shortage more generally,” wrote California Superior Court Judge Curtis A. Kin in his ruling. “However, because the provisions of SB 9 are not reasonably related and sufficiently narrowly tailored to the explicit stated purpose of that legislation — namely, to ensure access to affordable housing — SB 9 cannot stand.”