After Newsom threatens legal action, city in LA County defies state and keeps ban on homeless shelters

After Gov. Gavin Newsom slammed Norwalk's recent ban on homeless shelters, the city in Los Angeles County defied the state's threat of legal action and extended the ban for several more months.  

During a meeting Tuesday night, the city council voted 5-0 to extend the ban — which also prohibits businesses such as convenience stores, car washes, payday loan businesses and laundromats — for another 10 months and 15 days. Before the council's vote, several people spoke, four of them opposing the ban and two expressing support, from a woman who said many are just "one paycheck away from sleeping in their cars" to a man who said a shelter near his restaurant drew "a disaster scene" as people loitered out front.

California's Department of Housing and Community Development issued a notice of violation to Norwalk on Monday, directly addressing Mayor Margarita Rios and other local leaders in saying the ban violated several state laws, including the Housing Crisis Act and Anti-Discrimination in Land Use Law. 

After the city extended its ban just a day later, the state housing department said it was looking at next steps.

"The City has acknowledged receipt of our letter. HCD has made it clear that the actions of the Norwalk city council violate a myriad of state laws and they should immediately repeal the moratorium," Pablo Espinoza, the department's deputy director of communications said in a statement Wednesday. "HCD has many tools at our disposal to bring about accountability and we are evaluating next steps, including referral to the CA Attorney General."  

Earlier this week, Newsom and Attorney General Rob Bonta warned the city that the state could take legal action. 

"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, calling the shelter ban "unfathomable."

At Tuesday's meeting, Mayor Rios was about to introduce the ordinance when someone interrupted to make a statement on behalf of City Attorney Arnold Alvarez-Glasman, addressing the state's concerns.

"It is important to reiterate that the city of Norwalk will review and evaluate the position expressed by the state," she said, adding that the city attorney and staff will "evaluate the points raised" by state housing officials and address them "at a future date."

Norwalk City Manager Jesus M. Gomez recommended extending the ban after previously presenting a 10-day report on it earlier this month. 

He said that report determined certain businesses as well as shelters "by their nature, have the ability, or they're at risk, to impact the community significantly as it relates to life and safety and public health."

A staff report for Tuesday's meeting previously said these places "may have detrimental effects" on the local community.

Gomez said the ordinance needs to continue so more research can be done.

Over the last five years, Norwalk has been awarded nearly $29 million for housing and other resources for people struggling with homelessness, but the city has failed to meet state goals for providing enough housing units, according to the governor's office.

The moratorium on shelters and certain businesses also prohibits "supportive housing" developments which, by California law, are intended for people with disabilities and families and youth struggling with homelessness.

The warning issued by Newsom and the Department of Housing and Community Development was backed by AG 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.

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."