California Attorney General Rob Bonta and the state Department of Housing and Community Development announced Thursday that they have filed legal action against Costa Mesa for failing to comply with California’s Housing Element Law, part of a broader enforcement effort targeting five jurisdictions statewide.
The writ petition against Costa Mesa was filed in Orange County Superior Court after the city allegedly failed to bring its housing plan into compliance despite multiple notices and opportunities to correct deficiencies, according to the Attorney General’s Office.
Costa Mesa Mayor John Stephens issued a statement saying the lawsuit was unnecessary because city officials have been working with the state on addressing the issue.
“We are surprised and disappointed that the state filed such a needless lawsuit,” Stephens said. “We have been working on addressing the housing crisis for years with some notable progress. In fact, the state’s complaint admits that we are currently working with HCD toward certification of our housing element. Indeed, we are currently waiting for the state’s comments to our most recent submission. There is no reason for a lawsuit.”
The mayor said the city is “fully committed to expanding housing opportunities.” He added that in 2022 voters “narrowly approved a measure to allow the city to increase housing opportunities across its commercial and industrial corridors.”
Stephens also pointed out the city is “actively advancing multiple significant housing opportunities … including at the state-owned Fairview Developmental Center, and at two state- and city-funded Project Homekey sites.”
The City Council has approve an affordable housing ordinance and has worked to help 513 people since 2019 out of homelessness and into permanent housing, the mayor said. In April, the city also completed rezoning to meet the state’s requirement, Stephens said.
In a phone interview with CNS, the mayor said it was “kind of bizarre” to get sued.
City officials have submitted a housing plan and are awaiting a response, he said.
“They’re sitting on our submission and we’re waiting for their comments and there’s nothing more to submit,” Stephens said.
The state also filed similar actions against Calexico, Half Moon Bay, Ridgecrest and Turlock.
Under California’s Housing Element Law, cities and counties are required to update their housing plans every eight years to demonstrate how they will accommodate their share of regional and statewide housing needs.
State officials said California is in the sixth housing element cycle, which requires planning for roughly 2.5 million additional homes statewide.
“California’s housing crisis demands action, not excuses,” Bonta said in a statement. “Jurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need.”
Gov. Gavin Newsom said the state resorted to litigation after the jurisdictions failed to adopt compliant housing plans.
“These five jurisdictions had every chance to follow the law and plan for their fair share of housing,” Newsom said. “They chose not to, so now they’ll answer for it in court.”
According to the state, the Department of Housing and Community Development issued notices of violation, written findings and offered meetings with local officials before referring the jurisdictions to the Attorney General’s Office for enforcement.
State officials said more than 95% of California communities have achieved compliance with housing element requirements during the current planning cycle.
Under Senate Bill 1037, which took effect in 2025, local governments may face monthly civil penalties for failing to comply with the law. Jurisdictions without compliant housing elements may also become subject to the state’s “Builder’s Remedy,” which limits their ability to deny certain housing projects that include affordable units.
The Attorney General’s Office said cities and counties can resolve violations through consent decrees or stipulated judgments establishing timelines for compliance.