California faces a housing crisis of “historic proportions.” In response, the Legislature enacted the Housing Accountability Act (HAA)—known as the “Anti-NIMBY Act”—to dramatically increase housing construction by preventing local governments from arbitrarily denying viable development projects.
On January 30, 2025, Judge Curtis A. Kin found that the City of Los Angeles (City) acted in bad faith and violated the HAA when the East Los Angeles Area Planning Commission (APC) denied a 50-unit mixed use TOC housing development project in Boyle Heights (Project) based on neighborhood gentrification concerns. Cesar Chavez 888, LLC v. City of Los Angeles et. al. (24STCP01880) Based on the finding of bad faith, the Court will issue a judgment directing the City to approve the Project. In addition, the Court is required to award reasonable attorney’s fees and costs of suit to the petitioner unless it finds extraordinary circumstances. JMBM partners Sheri Bonstelle and Matthew Hinks and associate Julia Consoli-Tiensvold represented the petitioner in entitling the Project and litigating the case. The Court’s finding of bad faith, the HAA’s attorney’s fees provisions, and the order to approve the project in the Cesar Chavez case, should serve as an incentive for local governments to train its commissions to act within the bounds of the HAA, and not for political expediency. Continue reading