California Attorney General Sues Calexico, Alleging Years of Noncompliance With State Housing Law

-Editorial 

California Attorney General Rob Bonta and the California Department of Housing and Community Development (HCD) have filed a lawsuit against the City of Calexico, alleging the city has failed to comply with California’s Housing Element Law by not adopting a legally compliant housing plan for the current planning cycle, despite repeated notices and years of communication with state officials.

The petition, filed July 16 in Imperial County Superior Court, seeks a writ of mandate requiring Calexico to adopt and submit a housing element that substantially complies with state law within 120 days and complete any required rezoning. The state is also asking the court to declare that the city is out of compliance with the Housing Element Law, impose statutory fines and penalties, award investigative costs and attorneys’ fees, and grant additional relief authorized under California law.

According to the complaint, California continues to face a statewide housing affordability crisis that the Legislature has identified as a threat to the state’s economy, environment and quality of life. The lawsuit argues that one of the primary causes of the crisis is the failure of local governments to adequately plan for housing production.

Under California law, every city and county must adopt and periodically update a housing element as part of its general plan. The housing element is intended to serve as a long-term blueprint for meeting local housing needs by identifying available land for residential development, evaluating housing demand across all income levels and establishing policies and programs to facilitate new housing.

The complaint states that Calexico’s Sixth Cycle Housing Element, covering the 2021-2029 planning period, was due by Oct. 15, 2021. Nearly five years later, according to the state, the city has neither adopted a housing element that substantially complies with the Housing Element Law nor completed the rezoning required to accommodate its assigned housing needs.

The lawsuit alleges that the California Department of Housing and Community Development has never found Calexico’s current housing element to be in substantial compliance with state law.

Court documents outline several years of interaction between the city and HCD. According to the filing, Calexico submitted its first draft housing element on Sept. 30, 2021. HCD reviewed the document and issued a findings letter on Nov. 29, 2021, identifying multiple revisions necessary to achieve compliance.

The city submitted a revised draft on July 13, 2022. However, HCD issued a second findings letter on Sept. 9, 2022, concluding that additional revisions were still required before the housing element could comply with state law.

The state alleges Calexico has not submitted another revised housing element since July 2022.

According to the complaint, HCD formally notified the city of its alleged violations through a Notice of Violation issued July 20, 2023. Before referring the matter to the Attorney General’s Office, HCD also met with city staff on several occasions, including Oct. 4, 2023, April 23, 2025, and May 13, 2026, in an effort to resolve the compliance issues.

The lawsuit contends those efforts did not result in the adoption of a compliant housing element.

California’s Housing Element Law requires local governments to plan for housing that accommodates residents at all income levels. Each jurisdiction receives a Regional Housing Needs Allocation (RHNA), which establishes the number of housing units the jurisdiction must plan for during each eight-year housing cycle. Cities must identify adequate sites for future residential development and remove local barriers that could unnecessarily restrict housing construction.

If sufficient land has not already been designated to meet those housing needs, cities are required to complete rezoning within specified deadlines to ensure adequate development capacity.

The state argues that Calexico has failed to meet those statutory obligations.

According to the complaint, the city’s failure to adopt a compliant housing element and complete required rezoning violates multiple provisions of California’s Housing Element Law. The filing characterizes the city’s inaction as “arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, procedurally unfair, an abuse of discretion, and a failure to act as required by law.”

The Attorney General’s Office is requesting that the court issue a writ of mandate ordering Calexico to adopt a compliant housing element and complete all necessary rezoning within 120 days. The state is also seeking a judicial declaration that the city has not substantially complied with state housing law.

In addition, the lawsuit requests statutory fines, penalties, attorneys’ fees and investigative costs. The state also asks the court to consider temporary remedies authorized under California law, including suspending the city’s authority to approve certain nonresidential development permits while requiring approval of qualifying residential housing projects until compliance is achieved.

The complaint was filed by Deputy Attorney General Thomas Kinzinger on behalf of Attorney General Rob Bonta and the California Department of Housing and Community Development.