Press Release: YIMBY Law Files Suit Over Systemic Pattern of Illegal Delay in San Francisco Housing Projects

Contact: Jae Garner

San Francisco, CA— YIMBY Law has refiled two lawsuits against San Francisco after finding additional evidence demonstrating a pattern of behavior wherein the city delays housing projects beyond timelines outlined by state law. The lawsuits argue that this behavior from the city perpetuates the housing shortage and affordability crisis in San Francisco.

“San Francisco must be held accountable for these illegal, costly delays, ” said Rafa Sonnenfeld, policy director at YIMBY Law. “It’s well past time for San Francisco to comply with the law and meaningfully address the housing shortage and affordability crisis which are keeping people from being housed.”

YIMBY Law filed two lawsuits against the city of San Francisco between December 2021 and January 2022. Each lawsuit alleged that the city illegally denied a housing project, one at 450 O’Farrell Street and one at 469 Stevenson Street. YIMBY Law has since won a demurrer hearing in the O’Farrell case.

Since filing these cases, YIMBY Law has identified additional city behavior that strengthens pattern and practice claims included in each original filing. These claims argue that San Francisco systemically delays housing projects at multiple stages during the permitting process, extending time frames for review and approval well beyond legal limits outlined by state laws such as the Housing Accountability Act.

YIMBY Law will move forward with the pattern and practice claim included in both cases, in addition to the existing challenge against the denial of a housing project at 450 O’Farrell Street.

“These systemic delays are costly and dangerous for people who face housing insecurity and homelessness in the city,” said Sonja Trauss, Executive Director of YIMBY Law. “We have to speed up the process of approving and building housing until everyone has a stable, affordable home.”

Press Release: YIMBY Law Lawsuit Results in the City of Burbank Approving 92 New Homes

Contact: Jae Garner

Burbank, CA— Following a lawsuit from YIMBY Law, the City of Burbank agreed to approve the Pickwick Project that will convert a parking lot and a bowling alley into 92 new homes. In a meeting held on October 25th, city officials finally approved the SB 35-compliant project.

“We’re glad to see these homes come to Burbank,” said Rafa Sonnenfeld, director of legal advocacy at YIMBY Law. “After months of needless delay, the city came to its senses and approved a slightly modified version of the project. We’re looking forward to seeing these homes be built soon and happy to not be wasting more time arguing in court about the application of SB 35.”

YIMBY Law filed a lawsuit against the City of Burbank on June 21, 2022, for illegally blocking the Pickwick Project. According to the lawsuit, the City Council’s decision was at odds with state law SB 35 which streamlines the approval process for new homes when a city is not on track to meet state-mandated housing goals.

At the time, the City’s Planning Commission as well as the California Department of Housing and Community Development found that the project qualified under SB 35. Despite these findings, the city denied the project and YIMBY Law stepped in.

The city approved a modified version of the original project on October 25th, reducing the number of homes from 96 to 92 without decreasing the total residential square footage, and adding an equestrian trail and other pedestrian and equestrian safety

measures. Measures to mitigate the impacts of construction on surrounding residents will also be put in place.

This lawsuit is one of several filed in 2022 by YIMBY Law to hold jurisdictions accountable for the implementation of SB 35 as well as other California state housing laws. YIMBY Law will continue to monitor city behavior as it relates to housing to ensure local jurisdictions plan for and approve the minimum number of homes required by the state.

“Burbank has blocked hundreds of homes from being built over the years,” said Sonja Trauss, Executive Director of YIMBY Law. “This project is one important step toward making sure Burbank has enough homes for the people who live and work in the community.”

Press Release: YIMBY Law Wins Lawsuit Against City of Los Angeles Challenging Illegal Denial for Construction of Multi-Family Housing Project

Contact: Jae Garner

Los Angeles, CA— YIMBY Law has won a lawsuit at the Superior Court against the City of Los Angeles after the City repeatedly ignored the law by denying the construction of over  60 apartments. At issue is the city’s non-compliance with amendments to the Housing Accountability Act (HAA) made in 2018, which require cities to allow housing developments at the density in the General Plan, even if the zoning only allows lower densities. 

Akhilesh Jha, the project’s sponsor, proposed the 60+ unit building on a lot that allows multifamily homes in the city’s General Plan. The city’s current zoning, however, only allows for a single-family detached home as well as agricultural uses including “The keeping of equines, bovines, goats…poultry, fowl, rabbits, chinchillas and other small animals.” Despite compliance with the General Plan, which according to the HAA should have led to the project being approved without a zoning change, City officials denied the project, citing zoning laws as a primary barrier.

“It’s absurd that current zoning makes it easier to reserve space for chinchillas than it is to build homes for people,” said Sonja Trauss, Executive Director at YIMBY Law. “It’s time for Los Angeles to focus on addressing the housing affordability crisis. The result of this lawsuit will help make that happen.”

Recent changes in California’s housing law, including the 2018 amendments to the Housing Accountability Act, were passed to address the severe housing shortage throughout the state and to make it easier to build homes. Instead of following clear guidelines set in Los Angeles’ General Plan that would allow more homes and help address the housing shortage, the city discouraged this multi-family home project by incorrectly claiming that it would require a zoning change.

The Superior Court ruling comes as jurisdictions across California are updating their Housing Elements, which are a part of their General Plans. It sets the stage for strengthening Housing Elements which must comply with state requirements to meet local housing needs. Zoning plans often contradict Housing Elements, or fall short of providing density updates that are needed to address California’s growing population. Builders can now take full advantage of General Plan density provisions where cities lag behind in their zoning. 

The City of Los Angeles will have 60 days to comply with the Housing Accountability Act by approving the apartment project. 

“As housing elements are revised and implemented, this decision could pave the way for projects to move forward immediately, without waiting years for cities to complete their required rezonings,” said Rafa Sonnenfeld, director of legal advocacy at YIMBY Law. “YIMBY Law is eager to continue facilitating the implementation of state housing law to address California’s severe housing shortage.”