State’s lawsuit against Norwalk to move forward

Norwalk city council listens to a presentation during the meeting on Tuesday, February 18. Norwalk is the target of a state lawsuit for a moratorium on homeless housing. (Photo by Vince Medina)

NORWALK — The case of People Of The State Of California v. City Of Norwalk is set to move forward to trial after a judge ruled mostly in favor of the state, rejecting the city’s attempt to dismiss the lawsuit on Tuesday.

Norwalk was sued by the state in November, when the city council issued a moratorium to temporarily stop the development of new emergency shelters and transitional housing. The state argues the moratorium violates multiple state housing laws including The Housing Crisis Act, which prohibits cities from restricting housing development.

The state continues to argue in the lawsuit that the moratorium contradicts the city’s housing element plan to approve 5,024 housing units by 2029. The Department of Housing and Community Development approved Norwalk’s plan in 2023.

A letter to Norwalk residents was also issued from city manager Jesus Gomez in December to explain the city’s side of the litigation.

The city manager wrote the moratorium was in response to two proposed housing project initiatives in the city with “Pathway Home” at the former Saddleback Inn and a Mental Health Village at the Metropolitan State Hospital on 11401 Bloomfield Avenue.

“These projects were introduced without any detailed discussion with the city regarding clear plans for long-term planning, ensuring security measures are in place, and addressing potential program abandonment and resources needed to properly address the issues,” wrote Gomez.

In response to the lawsuit, the city filed a demurrer to request the court dismiss the lawsuit, but Los Angeles Superior Court Judge James Chalfant ruled mostly in the state’s favor to proceed with the lawsuit.

Judge Chalfant wrote in his tentative ruling that while the city has temporarily paused the moratorium, it “does not resolve these issues because it is only temporary while the city attempts to resolve the dispute with HCD.”

“No facts or evidence supported the City’s conclusion that the existence of Shelter and Supportive Housing poses an immediate threat to public health, safety, and welfare,” wrote Chalfant.

However, the judge ruled in Norwalk’s favor to remove the city council as a defendant in the litigation. Since the case concerns the council’s actions as a legislative body, it is not a legal entity separate from the city.

The Los Angeles Superior Court judge did issue a criticism of the state, writing that the case could have been conducted in a better manner.

“Petitioners charged into court and insisted on invalidation of the moratorium without alleging any facts of imminent and significant hardship,” wrote Chalfant. “The fact is that the Petitioners do not want to entertain discussions with the city of [Norwalk] and have no interest in addressing its concerns. Petitioners charged into court and insisted on invalidation of the moratorium without alleging any facts of significant hardship.”

In response to the favorable ruling, California Attorney General Rob Bonta issued a statement Wednesday afternoon.

“We are pleased to proceed with our case and to protect the public’s interest in the rule of law,” said Bonta. “Norwalk’s ban on new housing for unhoused individuals and lower-income households at risk of homelessness is illegal. At a time when affordability issues are a top concern for Californians, we should be doing everything in our power to help — not hurt — those struggling to keep a roof over their heads or lacking housing altogether. We look forward to holding the city accountable.”

While the judge ruled against them for the most part, the city of Norwalk released a press statement Wednesday evening as well.

“During yesterday’s decision by the Los Angeles County Superior Court, the judge’s statement—highlighting the absence of any imminent or significant hardship—echoed the City of Norwalk’s consistent position. This is not an act of defiance but rather an effort to pause, listen, and find common ground with the State. The City of Norwalk will continue to work with the State’s Department of Housing and Community Development to attempt to find a common ground to address the important issue of homelessness, but keeping at the forefront the protections of our residents and the City’s efforts to preserve local control over land uses within the City of Norwalk’s jurisdiction.

“The irony, of course, lies in the fact that the State is pushing for action against a moratorium that is already on hold, protesting enforcement where none exists. The further challenge is the State fails to recognize that the City is a partner in this process who cannot be removed from the discussion on how the homeless housing issue is to be addressed in the City. The City of Norwalk remains committed to transparency, ready to work with the State of California and their agencies to develop thoughtful, sustainable policies that honor both the law and the well-being of our residents.”

The next trial setting date is set for April 10.