Huntington Beach · Orange · SoCal

Huntington Beach 6th Cycle Housing Program — 13,368 Units

Stalled

2000 Main Street, Huntington Beach, CA 92648

Project type
Multifamily Rental
Units proposed
13,368
Date filed
October 15, 2021
Date denied
April 4, 2023
Delay
60 months
Download brief (print to PDF)Huntington Beach profileUse the data

The City of Huntington Beach's Regional Housing Needs Allocation (RHNA) obligation for the 6th Cycle (2021-2029): 13,368 new homes. The October 15, 2021 deadline passed without compliance. The city's own planning staff prepared a draft Housing Element in 2022 that HCD confirmed would comply with state law if adopted. On April 4, 2023, the Huntington Beach City Council voted 4-3 against adopting the housing element its staff had prepared. Mayor Pro Tem Gracey Van Der Mark: "I do not believe the benefits of building outweigh the consequences of destroying our city." The city also banned SB 9 and ADU processing (February 2023), the council voted 4-3 on March 7, 2023 to block builder's remedy applications, and in March 2023, a day after the state first sued, the city filed a federal constitutional challenge to the RHNA system. The city lost every legal battle: federal district court (dismissed for lack of standing, November 2023), Ninth Circuit (affirmed, October 30, 2024), U.S. Supreme Court (certiorari denied, February 2026), California Superior Court (violation found, May 2024), California Court of Appeal (full remedies ordered, September 2025), and California Supreme Court (review denied, December 2025). In December 2025, a San Diego Superior Court judge issued a sweeping order: adopt a compliant housing element within 120 days; land use authority suspended; Builder's Remedy projects must be auto-approved within 60-90 days. In its May 14, 2026 order, the Superior Court imposed penalties of $10,000 a month from January 2025 through May 2026, which the governor's office totaled at $160,000, and $50,000 a month from June 2026 until the city cures the violation, and it held the city to a May 28, 2026 deadline to adopt a housing element. The council adopted a housing element update on June 16, 2026; under the court's order the city then had 120 days to adopt the required zoning changes, and the city attorney wrote that the Attorney General was seeking added penalties of up to $100,000 a month. HCD reviewed the adopted element and found it out of compliance on August 18, 2026. The 13,368 homes that should have been planned for in 2021 remain unbuilt.

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Upcoming decision
Rezoning compliance and penalties · San Diego Superior Court
Date not yet set
Housing element out of complianceBuilder's remedy application

The court imposed $160,000 in penalties plus $50,000 a month from June 2026. The council adopted a housing element June 16 and had 120 days, to about Oct 14, to adopt the implementing zoning; the Attorney General has asked for up to $100,000 a month. Fines can triple, and the court can appoint a receiver if noncompliance continues.

Timeline

October 15, 20216th Cycle Housing Element Deadline Missed

The California deadline for Southern California jurisdictions to adopt their 6th Cycle (2021-2029) Housing Element passes. Huntington Beach, required to plan for 13,368 new homes, does not submit a compliant element. The city begins the process that will become the most prominent housing law enforcement action in California history.

GDB Law
August 1, 2022City Submits Late Draft — HCD Confirms It Would Comply If Adopted

Huntington Beach submits a draft Housing Element to HCD approximately 10 months after the October 2021 deadline. HCD confirms the draft would comply with state law if adopted. The city does not adopt it.

GDB Law
February 21, 2023City Bans SB 9 and ADU Processing

Huntington Beach City Council votes to ban the processing of applications under SB 9 (lot-splitting) and for accessory dwelling units. The combined effect of the Builder's Remedy ban, SB 9 ban, and ADU ban represents a comprehensive rejection of virtually every state housing streamlining mechanism enacted since 2017. State immediately issues warnings.

CA OAG
March 7, 2023City Council Bans Builder's Remedy

On March 7, 2023, the council votes 4-3 to block builder's remedy applications in the city, despite the threat of a state lawsuit. Councilwoman Natalie Moser: "The way to stop builder's remedy is to approve and receive a certified housing element."

Voice of OC
April 4, 2023City Council Rejects Its Own Staff's Compliant Housing Element (4-3)

In a 4-3 vote, the Huntington Beach City Council rejects the draft Housing Element that its own planning staff had prepared and that HCD had confirmed would comply with state law if adopted. Mayor Pro Tem Gracey Van Der Mark, during the Tuesday night discussion: "I do not believe the benefits of building outweigh the consequences of destroying our city." Governor Newsom: "Another city where elected officials are resorting to cheap political stunts to avoid their responsibility to build desperately needed housing." This vote is the clearest single act of defiance in the database — a city rejecting its own staff's compliant work.

The Real Deal LA
April 10, 2023State Amends Lawsuit To Add Housing Element Claims

California Attorney General Rob Bonta, Governor Gavin Newsom, and HCD amend their March 2023 state court lawsuit against Huntington Beach to add claims that it violated Housing Element Law. City Attorney Michael Gates had filed a federal lawsuit in March, a day after the state's original suit, arguing RHNA requirements violate the city's 1st Amendment (compelled speech) and 14th Amendment (due process). HCD: "Huntington Beach has been out of compliance on its housing element since October 15, 2021."

CA Governor
November 13, 2023Federal Judge Dismisses City's Lawsuit

U.S. District Judge Fred Slaughter dismisses Huntington Beach's federal lawsuit with prejudice, ruling that a political subdivision of the state lacks standing to challenge state law in federal court. City Attorney Michael Gates says the city will appeal.

Courthouse News
May 15, 2024San Diego Superior Court: City Violated State Law — But Declines Full Remedies

San Diego Superior Court finds that Huntington Beach violated California's Housing Element Law. However, the court declines to impose the 120-day deadline and full provisional remedies requested by the state. The state appeals.

CA OAG
October 30, 2024Ninth Circuit Affirms Dismissal

A unanimous three-judge Ninth Circuit panel affirms the dismissal of the city's federal lawsuit. Attorney General Rob Bonta: "I am pleased that yet another court has emphatically rejected Huntington Beach's attempt to exempt itself from state housing laws."

CA Governor
September 12, 2025California Court of Appeal: Full Remedies Ordered — 120-Day Deadline Imposed

The California Fourth District Court of Appeal unanimously rules that the Superior Court erred by failing to impose the mandatory 120-day compliance deadline and provisional remedies. Orders Huntington Beach to adopt a compliant housing element within 120 days, suspends its land use authority, and requires expedited approval of Builder's Remedy projects. Auto-approval kicks in if the city misses the 60-90 day processing window. Key ruling: "Because local governments would not address the housing shortage if left to their own devices, state intervention is sensible — if not outright necessary."

CA OAG
December 11, 2025California Supreme Court Declines Review — Legal Fight Ends

The California Supreme Court declines to hear Huntington Beach's petition for review of the Court of Appeal's ruling. This effectively ends HB's legal fight in state courts. The San Diego Superior Court subsequently sets a 120-day compliance deadline, later extended to May 28, 2026.

Courthouse News
December 19, 2025San Diego Superior Court Issues Sweeping Order — Land Use Authority Suspended

San Diego Superior Court Judge Bacal issues the final remedial order. Huntington Beach must adopt a compliant housing element within 120 days. Its permitting, rezoning, and subdivision authority is suspended for RHNA sites. Builder's Remedy projects must be approved within 60-90 days or are automatically approved. Fast-track approval required for projects consistent with HB's draft housing element.

Voice of OC
February 23, 2026U.S. Supreme Court Declines to Hear Federal Constitutional Challenge

The U.S. Supreme Court declines to review the Ninth Circuit's dismissal of Huntington Beach's federal lawsuit, which had argued RHNA requirements violated the city's 1st and 14th Amendment rights. This eliminates Huntington Beach's last remaining legal avenue. The city has now exhausted every court in the American legal system.

Davis Vanguard
May 14, 2026Court Orders Penalties, Sets May 28, 2026 Deadline

The Superior Court orders Huntington Beach to pay $10,000 a month in penalties from January 2025 through May 2026, a total of $160,000, and $50,000 a month from June 2026 until it cures its violations. The court holds the city to a May 28, 2026 deadline to adopt a housing element.

CA Governor
June 16, 2026Council Adopts Housing Element Update

The council adopts a housing element update, the first phase of complying with the court's orders, which starts a 120-day period to adopt the required zoning changes. City Attorney Mike Vigliotta writes that the action did not trigger Measure U and that the Attorney General is seeking added penalties of up to $100,000 a month.

City of Huntington Beach
August 18, 2026State Finds Adopted Element Out of Compliance

HCD finds the housing element the city adopted in June, which it received on June 19, out of compliance.

HCD

Who was involved

Supporting
Rob Bonta
California Attorney General's Office
California Attorney General / Lead Plaintiff

"The deadline for Huntington Beach to submit a compliant housing element was October 15, 2021, nearly four years ago. At a time when California is experiencing a housing crisis of epic proportions, the City's continued reluctance to follow the law is inexcusable." "After extensive proceedings in the courts, Governor Newsom, HCD Director Velasquez, and I have secured the relief that we sought all along." (December 2025, after Court of Appeal ruling)

Natalie Moser
City of Huntington Beach
Council Minority / Pro-Compliance Advocate

"The way to stop Builder's Remedy is to approve and receive a certified housing element. If the council was serious about wanting a certified housing element, it would not proceed with a direct violation of housing law." Voted consistently for compliance as a council minority of three.

Kennedy Commission
Kennedy Commission
Plaintiff Intervenor / Affordable Housing Advocate

"This is an important victory in our challenge to Huntington Beach's refusal to do its fair share in addressing the statewide housing crisis." Orange County's low-income residents are directly harmed by HB's non-compliance, as the city's refusal ripples through one of California's most expensive regional housing markets.

California Department of Housing and Community Development
State of California
State Housing Regulator / Co-Plaintiff

Confirmed that the city's own draft housing element would comply with state law if adopted — the element the council then rejected 4-3. Co-plaintiff with the Governor and AG in the April 2023 lawsuit. "Huntington Beach has been out of compliance on its housing element since October 15, 2021." Under the December 2025 court order, HCD monitors future compliance.

Opposing
Huntington Beach City Council (Majority)
City of Huntington Beach
Non-Complying Local Government

"We're doing a two-prong process. We're doing what the state has asked us to do, and, on a separate path, we're unleashing our city attorney to fight in court because we do believe in local control, and we do believe that the state is overstepping their bounds based on Huntington Beach being a charter city." The RHNA mandate is "destroying our city." State housing mandates are unconstitutional overreach. The city pursued this position in six separate courts over four years and lost in all of them.

Gracey Van Der Mark
Huntington Beach City Council
Mayor pro tem in April 2023; voted with the 4-3 majority against the staff housing element

"I do not believe the benefits of building outweigh the consequences of destroying our city." (April 4, 2023)

Deciding
Judge Fred Slaughter
U.S. District Court, Central District of California
Dismissed the city's federal lawsuit

"This precedent precludes political subdivisions of a state like plaintiff city of Huntington Beach from asserting constitutional challenges to the validity of a state law in federal court." (November 2023)

How it was obstructed

Invoked by City of Huntington Beach City Council · October 15, 2021

Huntington Beach deployed six obstruction mechanisms: (1) missing the October 15, 2021 Housing Element deadline; (2) voting 4-3 to block builder's remedy applications (March 7, 2023); (3) banning SB 9 and ADU processing (February 21, 2023); (4) rejecting its own staff's compliant draft housing element in a 4-3 council vote (April 4, 2023); (5) filing a federal constitutional challenge to the RHNA system (March 2023); and (6) appealing every adverse court ruling through all available channels. This is the only case in the database where a city explicitly made housing law non-compliance an affirmative political policy. The city lost every single legal battle across six courts over four years. It adopted a housing element update on June 16, 2026, under court-ordered penalties of $50,000 a month, and HCD found that element out of compliance on August 18, 2026.

SucceededAdded 54 months of delay
Builder RemedyBuilder's Remedy
Invoked by City of Huntington Beach City Council · March 7, 2023

On March 7, 2023 the council voted 4-3 to block builder's remedy applications in the city. The ban was declared unlawful by the courts as part of the broader housing element enforcement action. The California Court of Appeal's September 2025 order specifically required expedited processing of all pending Builder's Remedy projects as a remedy for the ban.

SucceededAdded 24 months of delay
Invoked by Huntington Beach voters (Measure U) · June 16, 2026

Measure U, approved by Huntington Beach voters in 2024, requires voter approval for general plan amendments or zoning changes when their environmental review finds significant and unavoidable impacts. City Attorney Mike Vigliotta wrote that the June 16, 2026 housing element adoption did not trigger it because no environmental review accompanied it; the court-ordered zoning changes had not yet been adopted.

Outcome pending

Decisions

Each row is a dated action by a deciding body, taken from the minutes, agenda packet, video, or ruling linked in the source column.

DateBodyActionVoteStaff recommendationSource
April 4, 2023City Councildenied
Voted against adopting the housing element prepared by city staff.
4–3UnknownThe Real Deal
November 13, 2023Courtruling issued
U.S. District Court dismissed the city's federal lawsuit with prejudice for lack of standing.
—UnknownCourthouse News
October 30, 2024Courtruling issued
A Ninth Circuit panel unanimously affirmed the dismissal of the federal lawsuit.
3–0UnknownCA Governor
May 14, 2026Courtruling issued
Judge Katherine A. Bacal imposed penalties of $10,000 a month from January 2025 through May 2026 and $50,000 a month from June 2026 until the city cures the violation.
—UnknownCourt minute order
June 16, 2026City Councilapproved
Adopted the housing element update, the first phase of complying with the court's orders; zoning changes due within 120 days. Propmodo reported Williams as the sole dissenting vote; the tally was not reported.
—UnknownCity of Huntington Beach

Sources

Housing Element Review and Compliance Report
California Department of Housing and Community Development
NIMBYs Be Warned: Court Orders Huntington Beach to Pay Up for Repeated Violations of Housing Law
Office of the Governor of California2026

Most recent source — 13 days before research date. Confirms financial penalties under SB 1037, May 28, 2026 deadline, and $10K-$50K/month escalating penalty structure. Essential for confirming current status.

US Supreme Court Declines to Hear Huntington Beach Housing Law Challenge
Davis Vanguard2026

Confirms U.S. Supreme Court declined to hear HB's constitutional challenge, ending the federal litigation track. Explains the full multi-court scope of HB's legal fight.

Attorney General Bonta and Governor Newsom Secure Major Win in State Housing Lawsuit Against Huntington Beach
California Attorney General2025

Coverage of the December 2025 Superior Court final order. Contains full scope of remedies: suspended land use authority, auto-approval of Builder's Remedy projects within 60-90 days, fast-track review requirements.

Huntington Beach Fight Over California Housing Mandate Fizzles
Courthouse News Service2025

California Supreme Court denial coverage. Captures the arc of the case as the city's legal strategy fizzles across multiple courts.

Charter Cities Must Comply: Court Orders Huntington Beach to Meet Housing Mandates in 120 Days
Gatzke Dillon and Ballance LLP2025

Best legal analysis of the September 2025 appellate ruling and its charter city implications. Explains Government Code sections 65754 and 65755 and the provisional remedies.

Attorney General Bonta and Governor Newsom Secure Appellate Victory in State Housing Lawsuit Against Huntington Beach
California Attorney General2025

Best source for the September 2025 Court of Appeal ruling. Contains full remedies ordered and the court's key language about state intervention being sensible if not outright necessary.

California Sues Huntington Beach for Violating State Housing Element Law
Office of the Governor of California2023

State lawsuit filing press release. Confirms 13,368 RHNA requirement, October 15, 2021 deadline, and 4-3 vote rejecting the draft housing element.

"Destroying Our City": Huntington Beach Rejects State Housing Plan
The Real Deal LA2023

Best source for the April 2023 council vote rejecting its own staff's housing element. Captures the "destroying our city" framing. Confirms the 4-3 vote.

Huntington Beach Blocks State Housing Law, Sets Up Confrontation with CA Attorney General
Voice of OC2023

Best coverage of the March 2023 Builder's Remedy ban vote. Contains Natalie Moser's dissenting quote and the McKeon/Strickland/Gates press conference framing.