Gov. Newsom threatens legal action against city in LA County banning homeless shelters

Gov. Gavin Newsom has slammed the city of Norwalk for its recent ban on homeless shelters, threatening legal action against the city as the state continues struggling with a widespread crisis.

"It is counterproductive and immoral for any community to throw up their hands and say they've done enough while they still have people in need," Newsom said in a statement Monday, calling the ban on shelters "unfathomable."

On Monday, the California Department of Housing and Community Development issued a notice of violation to the city of Norwalk, accusing city leaders of violating several state laws including the Housing Crisis Act and Anti-Discrimination in Land Use Law. The letter directly addresses Norwalk Mayor Margarita Rios and other local leaders.

Norwalk's City Council is expected to meet Tuesday night to decide whether or not to extend the moratorium, which is set to expire Friday. The city will consider potentially extending the moratorium for another 10 months and 15 days.

The city declined to comment and a spokesperson said the issue would be discussed at the meeting.

Over the last five years, Norwalk has been awarded nearly $29 million for housing and other resources for people struggling with homelessness, according to the governor's office.

Established last month, the 45-day moratorium on shelters also prohibits businesses such as convenience stores, laundromats, payday loan providers, car washes and other types of housing — for instance, "supportive housing" developments which by California law are intended for people with disabilities and families and youth struggling with homelessness.

A staff report for Tuesday's meeting states that shelters and these businesses "may have detrimental effects" on the local community "by virtue of their operational characteristics." 

The warning issued by Newsom and the Department of Housing and Community Development was backed by California Attorney General Rob Bonta, who said he was prepared to take steps toward legal action if Norwalk goes forward with extending the ban.

"At a time when many Californians are struggling to keep a roof over their heads or lack housing altogether, banning new emergency shelters and new supportive housing does not just defy common sense — it is unlawful," Bonta said in a statement. "Norwalk's residents — indeed all Californians — should be outraged."

The letter from the state's Department of Housing and Community Development calls on Norwalk to repeal the moratorium and gives the city until Sept. 23 to do so.

"The City Council must repeal the Ordinance to immediately allow the development and operation of emergency shelters, SRO housing, transitional housing, and supportive housing," the notice from the state reads.

The statement from Gov. Newsom's office also says Norwalk has failed to meet state goals for providing enough housing units.

In July, Newsom announced an executive order calling on city and county governments to clear homeless encampments, a move that was applauded by some and criticized by others. While the order does not legally mandate that these encampments be cleared, it opened the way for allowing people at these sites to be fined or arrested — a step taken in light of a U.S. Supreme Court decision earlier this year that legally opened the way for such enforcement across the U.S.

Newsom said local governments should still offer resources and shelter to those living at encampments. But the potential for people to be arrested, fined or possibly jailed was decried by some Los Angeles County leaders including Mayor Karen Bass.

During an LA County Board of Supervisors meeting, some local leaders said the more than 80 cities within the county of LA could decide on differing policies after Newsom's order, creating the potential for some cities to send people from encampments into neighboring cities.

At the time, Supervisor Janice Hahn described it as a very real possibility given that some city governments have felt "like their hands were tied in terms of what they can do" and now have the legal ability to outlaw encampments and enforce such bans.

"They're tired of seeing encampments when they go to work or take the kids to school," Hahn said. "But I think we're going to hear a lot today, and I know I can say it right now — that our jails are just not the appropriate place to put someone who's experiencing homelessness."