SB9 is officially unconstitutional in the State of California! Charter Cities no longer have to comply with this California State law on allegedly affordable housing.

FINAL JUDGEMENT: SB9 UNCONSTITUTIONAL FOR cHARTER CITIES

Here is the final Judgement, signed, sealed and delivered to the prevailing Cities: Redondo Beach, Torrance, Carson, Whittier, and Del Mar.

Congratulations and a BIG thank you to Aleshire and Wynder (specifically Pam Lee and Sunny Soltanti) who wrote the many, many briefs on behalf of everyone. This is a BIG win for the cities who filed this lawsuit. This Judgement goes into effect immediately for the Charter Cities who filed the lawsuit.

The charter cities that are not apart of the complaint have the ability to have this judgement apply to them if they file the same exact complaint against the State of California. Here are the main winning points of the Judgement:

  1. Judgement is immediately effective for the cities that filed this lawsuit.
  2. SB9 is unconstitutional.
  3. The State of California can not force SB9 implementation or enforcement onto the winning cities.
  4. The winning cities are entitled to costs
  5. The winning cities may request attorney’s fees.

Here is a quote from the ruling

“As discussed below~ this is not a case about whether 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 shortage in housing more generally. The

courts of our State have held both to be valid statewide concerns for which our

Legislature possesses authority to address. 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, and the writ petition must be GRANTED.”

Below are images for you to read the Judgement or click the button below to download the entire PDF of the Judgement.

#chartercities #win #localcontrol #affordablehousingwin

About Nils

 

Councilmember Nils Nehrenheim is a two-term representative of District 1 in Redondo Beach. He sits on multiple boards, was the President of Independent Cities Association and is proudly serving his term until March of 2025.

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