Landmark Law Ending Single-Family-Home-Only Zoning in California Ruled Unconstitutional by Los Angeles County Superior Court Judge
Los Angeles County Superior Court Judge Rules California’s Landmark Zoning Law Unconstitutional
In a groundbreaking decision, Los Angeles County Superior Court Judge Curtis Kin has ruled that Senate Bill 9, a landmark law ending single-family-home-only zoning in California, is unconstitutional. The ruling could potentially invalidate the law in the state’s largest cities, including Los Angeles, San Diego, and San Francisco.
Judge Kin determined that SB 9 does not provide housing restricted for low-income residents, which means it cannot override state constitutional protections afforded to local zoning practices. The decision now applies to five Southern California cities that challenged SB 9, including Redondo Beach, Carson, Torrance, Whittier, and Del Mar.
Redondo Beach City Attorney Michael Webb hailed the ruling as a victory for communities fighting against state overreach on housing laws. He argued that SB 9 had negative impacts on disrupting communities without ensuring affordable housing was actually being built.
SB 9, one of the highest-profile laws approved in response to California’s housing affordability problems, aims to spur new homebuilding by allowing property owners to build up to four units on lots previously reserved only for single-family homes. However, the law’s effects have been muted compared to previous laws that aimed to increase the construction of smaller, secondary units on single-family home parcels.
The ruling by Judge Kin has sparked debate among legal experts and lawmakers. While some criticize the judge’s interpretation of the law, others believe that state lawmakers could easily amend SB 9 to address the concerns raised in the ruling.
State Senator Toni Atkins, who authored the law, expressed disappointment in the ruling and stated that she is considering potential changes to SB 9 to increase equity and accessibility in neighborhoods while growing the state’s housing supply.
As the legal battle over SB 9 continues, the future of zoning laws in California remains uncertain. The ruling highlights the ongoing challenges of balancing housing affordability with local control over zoning regulations in the state’s most populous cities.