Huntington Beach 6th Cycle Housing Program — 13,368 Units

Ask a question to begin.

The court imposed $160,000 in penalties plus $50,000 a month from June 2026. The council adopted a housing element June 16 and had 120 days, to about Oct 14, to adopt the implementing zoning; the Attorney General has asked for up to $100,000 a month. Fines can triple, and the court can appoint a receiver if noncompliance continues.

The California deadline for Southern California jurisdictions to adopt their 6th Cycle (2021-2029) Housing Element passes. Huntington Beach, required to plan for 13,368 new homes, does not submit a compliant element. The city begins the process that will become the most prominent housing law enforcement action in California history.

Huntington Beach submits a draft Housing Element to HCD approximately 10 months after the October 2021 deadline. HCD confirms the draft would comply with state law if adopted. The city does not adopt it.

Huntington Beach City Council votes to ban the processing of applications under SB 9 (lot-splitting) and for accessory dwelling units. The combined effect of the Builder's Remedy ban, SB 9 ban, and ADU ban represents a comprehensive rejection of virtually every state housing streamlining mechanism enacted since 2017. State immediately issues warnings.

On March 7, 2023, the council votes 4-3 to block builder's remedy applications in the city, despite the threat of a state lawsuit. Councilwoman Natalie Moser: "The way to stop builder's remedy is to approve and receive a certified housing element."

In a 4-3 vote, the Huntington Beach City Council rejects the draft Housing Element that its own planning staff had prepared and that HCD had confirmed would comply with state law if adopted. Mayor Pro Tem Gracey Van Der Mark, during the Tuesday night discussion: "I do not believe the benefits of building outweigh the consequences of destroying our city." Governor Newsom: "Another city where elected officials are resorting to cheap political stunts to avoid their responsibility to build desperately needed housing." This vote is the clearest single act of defiance in the database — a city rejecting its own staff's compliant work.

California Attorney General Rob Bonta, Governor Gavin Newsom, and HCD amend their March 2023 state court lawsuit against Huntington Beach to add claims that it violated Housing Element Law. City Attorney Michael Gates had filed a federal lawsuit in March, a day after the state's original suit, arguing RHNA requirements violate the city's 1st Amendment (compelled speech) and 14th Amendment (due process). HCD: "Huntington Beach has been out of compliance on its housing element since October 15, 2021."

U.S. District Judge Fred Slaughter dismisses Huntington Beach's federal lawsuit with prejudice, ruling that a political subdivision of the state lacks standing to challenge state law in federal court. City Attorney Michael Gates says the city will appeal.

San Diego Superior Court finds that Huntington Beach violated California's Housing Element Law. However, the court declines to impose the 120-day deadline and full provisional remedies requested by the state. The state appeals.

A unanimous three-judge Ninth Circuit panel affirms the dismissal of the city's federal lawsuit. Attorney General Rob Bonta: "I am pleased that yet another court has emphatically rejected Huntington Beach's attempt to exempt itself from state housing laws."

The California Fourth District Court of Appeal unanimously rules that the Superior Court erred by failing to impose the mandatory 120-day compliance deadline and provisional remedies. Orders Huntington Beach to adopt a compliant housing element within 120 days, suspends its land use authority, and requires expedited approval of Builder's Remedy projects. Auto-approval kicks in if the city misses the 60-90 day processing window. Key ruling: "Because local governments would not address the housing shortage if left to their own devices, state intervention is sensible — if not outright necessary."

The California Supreme Court declines to hear Huntington Beach's petition for review of the Court of Appeal's ruling. This effectively ends HB's legal fight in state courts. The San Diego Superior Court subsequently sets a 120-day compliance deadline, later extended to May 28, 2026.

San Diego Superior Court Judge Bacal issues the final remedial order. Huntington Beach must adopt a compliant housing element within 120 days. Its permitting, rezoning, and subdivision authority is suspended for RHNA sites. Builder's Remedy projects must be approved within 60-90 days or are automatically approved. Fast-track approval required for projects consistent with HB's draft housing element.

The U.S. Supreme Court declines to review the Ninth Circuit's dismissal of Huntington Beach's federal lawsuit, which had argued RHNA requirements violated the city's 1st and 14th Amendment rights. This eliminates Huntington Beach's last remaining legal avenue. The city has now exhausted every court in the American legal system.

The Superior Court orders Huntington Beach to pay $10,000 a month in penalties from January 2025 through May 2026, a total of $160,000, and $50,000 a month from June 2026 until it cures its violations. The court holds the city to a May 28, 2026 deadline to adopt a housing element.

The council adopts a housing element update, the first phase of complying with the court's orders, which starts a 120-day period to adopt the required zoning changes. City Attorney Mike Vigliotta writes that the action did not trigger Measure U and that the Attorney General is seeking added penalties of up to $100,000 a month.

HCD finds the housing element the city adopted in June, which it received on June 19, out of compliance.

"The deadline for Huntington Beach to submit a compliant housing element was October 15, 2021, nearly four years ago. At a time when California is experiencing a housing crisis of epic proportions, the City's continued reluctance to follow the law is inexcusable." "After extensive proceedings in the courts, Governor Newsom, HCD Director Velasquez, and I have secured the relief that we sought all along." (December 2025, after Court of Appeal ruling)

"The way to stop Builder's Remedy is to approve and receive a certified housing element. If the council was serious about wanting a certified housing element, it would not proceed with a direct violation of housing law." Voted consistently for compliance as a council minority of three.

"This is an important victory in our challenge to Huntington Beach's refusal to do its fair share in addressing the statewide housing crisis." Orange County's low-income residents are directly harmed by HB's non-compliance, as the city's refusal ripples through one of California's most expensive regional housing markets.

Confirmed that the city's own draft housing element would comply with state law if adopted — the element the council then rejected 4-3. Co-plaintiff with the Governor and AG in the April 2023 lawsuit. "Huntington Beach has been out of compliance on its housing element since October 15, 2021." Under the December 2025 court order, HCD monitors future compliance.

"We're doing a two-prong process. We're doing what the state has asked us to do, and, on a separate path, we're unleashing our city attorney to fight in court because we do believe in local control, and we do believe that the state is overstepping their bounds based on Huntington Beach being a charter city." The RHNA mandate is "destroying our city." State housing mandates are unconstitutional overreach. The city pursued this position in six separate courts over four years and lost in all of them.

"I do not believe the benefits of building outweigh the consequences of destroying our city." (April 4, 2023)

"This precedent precludes political subdivisions of a state like plaintiff city of Huntington Beach from asserting constitutional challenges to the validity of a state law in federal court." (November 2023)

Huntington Beach deployed six obstruction mechanisms: (1) missing the October 15, 2021 Housing Element deadline; (2) voting 4-3 to block builder's remedy applications (March 7, 2023); (3) banning SB 9 and ADU processing (February 21, 2023); (4) rejecting its own staff's compliant draft housing element in a 4-3 council vote (April 4, 2023); (5) filing a federal constitutional challenge to the RHNA system (March 2023); and (6) appealing every adverse court ruling through all available channels. This is the only case in the database where a city explicitly made housing law non-compliance an affirmative political policy. The city lost every single legal battle across six courts over four years. It adopted a housing element update on June 16, 2026, under court-ordered penalties of $50,000 a month, and HCD found that element out of compliance on August 18, 2026.

On March 7, 2023 the council voted 4-3 to block builder's remedy applications in the city. The ban was declared unlawful by the courts as part of the broader housing element enforcement action. The California Court of Appeal's September 2025 order specifically required expedited processing of all pending Builder's Remedy projects as a remedy for the ban.

Measure U, approved by Huntington Beach voters in 2024, requires voter approval for general plan amendments or zoning changes when their environmental review finds significant and unavoidable impacts. City Attorney Mike Vigliotta wrote that the June 16, 2026 housing element adoption did not trigger it because no environmental review accompanied it; the court-ordered zoning changes had not yet been adopted.

Most recent source — 13 days before research date. Confirms financial penalties under SB 1037, May 28, 2026 deadline, and $10K-$50K/month escalating penalty structure. Essential for confirming current status.

Confirms U.S. Supreme Court declined to hear HB's constitutional challenge, ending the federal litigation track. Explains the full multi-court scope of HB's legal fight.

Coverage of the December 2025 Superior Court final order. Contains full scope of remedies: suspended land use authority, auto-approval of Builder's Remedy projects within 60-90 days, fast-track review requirements.

California Supreme Court denial coverage. Captures the arc of the case as the city's legal strategy fizzles across multiple courts.

Best legal analysis of the September 2025 appellate ruling and its charter city implications. Explains Government Code sections 65754 and 65755 and the provisional remedies.

Best source for the September 2025 Court of Appeal ruling. Contains full remedies ordered and the court's key language about state intervention being sensible if not outright necessary.

State lawsuit filing press release. Confirms 13,368 RHNA requirement, October 15, 2021 deadline, and 4-3 vote rejecting the draft housing element.

Best source for the April 2023 council vote rejecting its own staff's housing element. Captures the "destroying our city" framing. Confirms the 4-3 vote.

Best coverage of the March 2023 Builder's Remedy ban vote. Contains Natalie Moser's dissenting quote and the McKeon/Strickland/Gates press conference framing.