Housing advocates filed a lawsuit against California Governor Gavin Newsom and Los Angeles-area leaders on Wednesday, challenging a ban on duplexes in neighborhoods recovering from the Palisades and Eaton fires.
The lawsuit, led by the group YIMBY Law, claims that the orders to suspend SB 9, a state law allowing homeowners to split lots and build duplexes, are illegal.
According to LAist, the lawsuit seeks to overturn the ban, arguing that it violates the California Emergency Services Act and the state Constitution’s separation of powers. YIMBY Law Executive Director Sonja Trauss stated that the ban limits families’ ability to rebuild by preventing them from using their land to create additional housing units.
Governor Newsom, who signed an order in July allowing local governments to block SB 9 in high fire risk zones, defended the decision. A spokesperson for Newsom, Tara Gallegos, said, “We will not allow outside groups to attack communities in the highest fire risk areas.”
The lawsuit names several local governments, including Los Angeles, Pasadena, and Malibu, which have enacted bans on SB 9 projects. The complaint alleges that these bans were influenced by a small, wealthy community opposed to increased housing density.
The legal challenge comes amid a broader debate over housing density in fire-prone areas. While proponents argue that SB 9 is a valuable tool for addressing the housing crisis, critics claim it could harm neighborhood character and complicate evacuations during emergencies.
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