The City of Huntington Beach's Regional Housing Needs Allocation (RHNA) obligation for the 6th Cycle (2021-2029): 13,368 new homes. The October 15, 2021 deadline passed without compliance. The city's own planning staff prepared a draft Housing Element in 2022 that HCD confirmed would comply with state law if adopted. On April 4, 2023, the Huntington Beach City Council voted 4-3 against adopting the housing element its staff had prepared. Mayor Pro Tem Gracey Van Der Mark: "I do not believe the benefits of building outweigh the consequences of destroying our city." The city also banned SB 9 and ADU processing (February 2023), the council voted 4-3 on March 7, 2023 to block builder's remedy applications, and in March 2023, a day after the state first sued, the city filed a federal constitutional challenge to the RHNA system. The city lost every legal battle: federal district court (dismissed for lack of standing, November 2023), Ninth Circuit (affirmed, October 30, 2024), U.S. Supreme Court (certiorari denied, February 2026), California Superior Court (violation found, May 2024), California Court of Appeal (full remedies ordered, September 2025), and California Supreme Court (review denied, December 2025). In December 2025, a San Diego Superior Court judge issued a sweeping order: adopt a compliant housing element within 120 days; land use authority suspended; Builder's Remedy projects must be auto-approved within 60-90 days. In its May 14, 2026 order, the Superior Court imposed penalties of $10,000 a month from January 2025 through May 2026, which the governor's office totaled at $160,000, and $50,000 a month from June 2026 until the city cures the violation, and it held the city to a May 28, 2026 deadline to adopt a housing element. The council adopted a housing element update on June 16, 2026; under the court's order the city then had 120 days to adopt the required zoning changes, and the city attorney wrote that the Attorney General was seeking added penalties of up to $100,000 a month. HCD reviewed the adopted element and found it out of compliance on August 18, 2026. The 13,368 homes that should have been planned for in 2021 remain unbuilt.
City Council · Court · Judge Fred Slaughter
| Date | Event | What the record shows |
|---|---|---|
| October 15, 2021 | 6th Cycle Housing Element Deadline Missed | 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. GDB Law: https://gdandb.com/2025/09/25/charter-cities-must-comply-court-orders-huntington-beach-to-meet-housing-mandates-in-120-days/ |
| August 1, 2022 | City Submits Late Draft — HCD Confirms It Would Comply If Adopted | 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. GDB Law: https://gdandb.com/2025/09/25/charter-cities-must-comply-court-orders-huntington-beach-to-meet-housing-mandates-in-120-days/ |
| February 21, 2023 | City Bans SB 9 and ADU Processing | 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. CA OAG: https://oag.ca.gov/news/press-releases/attorney-general-bonta-governor-newsom-and-department-housing-and-community |
| March 7, 2023 | City Council Bans Builder's Remedy | 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." Voice of OC: https://voiceofoc.org/2023/03/huntington-beach-blocks-state-housing-law-sets-up-confrontation-with-ca-attorney-general/ |
| April 4, 2023 | City Council Rejects Its Own Staff's Compliant Housing Element (4-3) | 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. The Real Deal LA: https://therealdeal.com/la/2023/04/06/destroying-our-city-huntington-beach-rejects-state-housing-plan/ |
| April 10, 2023 | State Amends Lawsuit To Add Housing Element Claims | 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." CA Governor: https://www.gov.ca.gov/2023/04/10/california-sues-huntington-beach-for-violating-state-housing-element-law/ |
| November 13, 2023 | Federal Judge Dismisses City's Lawsuit | 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. Courthouse News: https://www.courthousenews.com/huntington-beach-loses-effort-to-dodge-california-housing-requirements/ |
| May 15, 2024 | San Diego Superior Court: City Violated State Law — But Declines Full Remedies | 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. CA OAG: https://oag.ca.gov/news/press-releases/attorney-general-bonta-and-governor-newsom-secure-major-win-state%E2%80%99s-housing |
| October 30, 2024 | Ninth Circuit Affirms Dismissal | 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." CA Governor: https://www.gov.ca.gov/2024/10/30/california-claims-victory-against-huntington-beachs-nimby-attempt-to-challenge-state-housing-law/ |
| September 12, 2025 | California Court of Appeal: Full Remedies Ordered — 120-Day Deadline Imposed | 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." CA OAG: https://oag.ca.gov/node/609841 |
| December 11, 2025 | California Supreme Court Declines Review — Legal Fight Ends | 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. Courthouse News: https://www.courthousenews.com/huntington-beach-fight-over-california-housing-mandate-fizzles/ |
| December 19, 2025 | San Diego Superior Court Issues Sweeping Order — Land Use Authority Suspended | 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. Voice of OC: https://voiceofoc.org/2025/12/judge-orders-huntington-beach-to-adopt-housing-plan/ |
| February 23, 2026 | U.S. Supreme Court Declines to Hear Federal Constitutional Challenge | 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. Davis Vanguard: https://davisvanguard.org/2026/02/supreme-court-denies-huntington-beach/ |
| May 14, 2026 | Court Orders Penalties, Sets May 28, 2026 Deadline | 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. CA Governor: https://www.gov.ca.gov/2026/05/15/nimbys-be-warned-court-orders-huntington-beach-to-pay-up-for-repeated-violations-of-housing-law/ |
| June 16, 2026 | Council Adopts Housing Element Update | 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. City of Huntington Beach: https://www.huntingtonbeachca.gov/news_detail_T4_R641.php |
| August 18, 2026 | State Finds Adopted Element Out of Compliance | HCD finds the housing element the city adopted in June, which it received on June 19, out of compliance. HCD: https://www.hcd.ca.gov/planning-and-community-development/housing-open-data-tools/housing-element-review-and-compliance-report |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| April 4, 2023 | City Council | denied | 4–3 | Unknown | The Real Deal: https://therealdeal.com/la/2023/04/06/destroying-our-city-huntington-beach-rejects-state-housing-plan/ |
| November 13, 2023 | Court | ruling issued | — | Unknown | Courthouse News: https://www.courthousenews.com/huntington-beach-loses-effort-to-dodge-california-housing-requirements/ |
| October 30, 2024 | Court | ruling issued | 3–0 | Unknown | CA Governor: https://www.gov.ca.gov/2024/10/30/california-claims-victory-against-huntington-beachs-nimby-attempt-to-challenge-state-housing-law/ |
| May 14, 2026 | Court | ruling issued | — | Unknown | Court minute order: https://oag.ca.gov/system/files/attachments/press-docs/30-2023-01312235-CU-WM-CJC_Minute%20Order%20SD%20%28JO%20Signature%29%5B1%5D.pdf |
| June 16, 2026 | City Council | approved | — | Unknown | City of Huntington Beach: https://www.huntingtonbeachca.gov/news_detail_T4_R641.php |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.