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Attorney General Bonta Secures Court Decision Declaring State Housing Density Law Constitutional

OAKLAND – California Attorney General Rob Bonta today issued the following statement on the Los Angeles Superior Court’s decision upholding the constitutionality of Senate Bill 10 (SB 10). SB 10 allows local governments to rezone transit-rich areas or urban infill sites for denser housing, irrespective of existing zoning restrictions. 

“Everywhere you look, we are in a housing crisis,” said Attorney General Bonta. “From Fresno to Fremont, San Diego to San Francisco, Los Angeles to Loomis, families throughout California are struggling to afford the cost of housing. Laws like SB 10 are essential to address California's housing shortage and affordability crisis, providing local governments with an important tool to increase housing supply in their communities. Today’s decision is a critical victory for all Californians. At the California Department of Justice, we’re working day in and day out to defend and enforce state housing laws — and we’re just getting started.”

According to the California Department of Housing and Community Development, California will need an estimated 2.5 million new homes by 2030 in order to meet housing demand. Yet on average, only 100,000 new homes are built in California each year. Infill development — the development of vacant or underutilized plots in existing urban areas — is critical for local governments to address the housing crisis and meet state housing goals. SB 10 makes it easier for local governments to zone for infill development, specifically, smaller, lower-cost housing developments of up to 10 units, if they choose.

Attorney General Bonta is committed to advancing housing access, affordability, and equity in California. In November, Attorney General Bonta announced the creation of the Housing Strike Force and launched a Housing Portal on DOJ’s website with resources and information for California homeowners and tenants. The Housing Strike Force encourages Californians to send complaints or tips related to housing to housing@doj.ca.gov.

A copy of the court’s tentative ruling in the case can be found here. The tentative ruling was adopted, with minor changes, following today’s hearing. A final copy of the ruling will be posted when available.