Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

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“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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By Magaly Muñoz

Hundreds of tents and abandoned vehicles now dot major streets and neighborhoods of the Bay Area. Unfortunately, this problem is expected to worsen as the housing market skyrockets and the cost of living becomes unattainable for most Americans.

As one of California’s biggest public policy challenges, over the past four years, the state has allocated nearly $20 billion to housing and homelessness initiatives. Despite this substantial investment, the issue does not seem to be easing. Instead, the number of people without stable housing is surging.

A 2022 Point In Time (PIT) Count showed that there were 9,747 homeless individuals living on the streets in Alameda County, an almost 22% increase from the 2019 count of 8,022 homeless individuals. Many reports estimate that this number will rise once the 2024 data is released.

Amongst the many initiatives to end homelessness, the 2016 Senate Bill 1380 established California as a “housing first” state that would provide assistance, programs and funding to those experiencing homelessness. The bill recognized that the evidence-based model of prioritizing housing could end all types of homelessness and is the most effective approach to ending chronic homelessness.

In the years following the passage of the law, doctors, county officials and a community organization came together to create a first of its kind shelter to combat homelessness with housing and healthcare: the Oak Days shelter. Located in the Hegenberger corridor of Oakland, this facility, once a Days Hotel, now houses 60 individuals, some who are medically fragile.

As local counties navigated how to isolate people during the start of the COVID-19 pandemic in 2020, the state obtained federal funding to begin Project Roomkey, an initiative providing non-congregate shelter options, such as hotels and motels for people experiencing homelessness, to protect life and minimize strain on the healthcare system.

Dr. Alexis Chettiar, a medical director in Alameda County, witnessed firsthand how the coronavirus disease took over the lives of the most vulnerable populations who were too sick to remain stable unless they had hands-on supportive health care and permanent housing.

She also noticed a trend of medically vulnerable individuals with psychiatric illnesses or substance abuse issues being expelled from nursing homes, often ending up in encampments or unsheltered conditions.

This observation would inspire her, along with fellow medical director Catherine Hayes, to start Cardea Health, supported by county funding.

“What we really wanted to do was to be able to layer on the medical services to a permanent supportive housing environment so that people could age in place, they could stay there, no matter how their care needs change over time. They could stay there through the end of their life,” Chettiar said.

Cardea Health provides medical and personal care for almost 60 patients across two sites. One of these sites is an Old Comfort Inn that was also transformed into a shelter for those experiencing homelessness and chronic illnesses. The medical team assists with tasks such as injecting insulin, administering dialysis, helping patients use the restroom or get dressed.

Chettiar shared that she’s seen people as young as 40 years old with health-related issues mimicking that of an 80-year-old. Some individuals had untreated wounds that led to infections or chronic illnesses that went untreated for years, leading to immense suffering before they were able to receive medical attention.

The harsh conditions of living on the streets have exacerbated what could’ve been manageable situations, into a full-blown health crisis that ultimately put them on the priority list for Cardea’s health assistance.

UCSF Benioff Homelessness and Housing Initiative conducted a survey of 3,200 people to study who is experiencing homelessness, how they became homeless, what their experiences are and what is preventing them from exiting homelessness.

Data from those surveys showed that 45% of those experiencing homelessness reported poor or fair health and 60% reported having a chronic illness. Participants also reported that being homeless worsened their physical and mental health.

Of those experiencing health problems, 23% couldn’t access necessary healthcare in the prior six months. Additionally, 38% visited emergency departments without hospitalization and 21% reported a hospitalization for a physical health concern.

Chettiar stated that the work at Cardea is intended to reduce hospital visits for those living on the streets, providing essential care where it’s needed most.

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By Antonio Ray Harvey, California Black Media

The Community Housing Working Group hosted a briefing on April 23 at Cafeteria 15L in Sacramento.  Discussions focused on how the housing crisis in California affects Black and Brown communities and explored ways to provide low-income families and individuals with affordable housing.

Tia Boatman Patterson, CEO and President of the California Communities Reinvestment Corporation, said “entry-level housing” is not available as it was in the past, adding that affordable units were a major point of entry into homeownership for many families in the Black community.

“My mother bought her first house when I was in junior high. It was an 850-square foot, two-bedroom and one-bathroom house in 1978. That house cost $30,000,” Boatman-Patterson said.

“A woman working part-time at JCPenney was able to afford that house. We don’t build these types of housing now. We do not build entry-level homeownership,” she added.

The Community Housing Working Group is a collection of diverse community organizations from across California working together to address housing challenges in their communities. The organization believes that solving the affordable housing crisis will require creating enough smaller, lower-cost, multi-family homes located near jobs, transit, and good schools.

The briefing included a panel discussion titled, “Exclusionary Zoning: A Look Back and a Path Forward.” Boatman-Patterson participated in that session along with Henry “Hank” Levy, Treasurer-Tax Collector for Alameda County, and Noerena Limón, consultant, Unidos U.S., and Board Member of California Housing Finance Agency.

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Boatman-Patterson, a former Associate Director for Housing, Treasury and Commerce in the Office of Management and Budget for the Biden Administration, started her presentation by highlighting how exclusionary single-family zoning is contributing to continued segregation of California communities.

She said that single-family zoning originated in the Bay Area city of Berkeley in 1916.

“By creating single-family zoning and having fenced-off communities, you were able to exclude the ‘others,’” Boatman-Patterson said. “It really was a method to exclude — what they called ‘economic segregation’ — but that was a guise for racial segregation. Single-family zoning, along with redlining, became a systemic approach to exclude based on affordability.”

Title VIII of the federal Civil Rights Act of 1968 — commonly known as the Fair Housing Act of 1968 – is the U.S. federal legislation that protects individuals and families from discrimination in the sale, rental, and financing of housing. It was passed to open the doors to affordable housing.

In 1968, 65.9% of White families were homeowners, a rate that was 25% higher than the 41.1% of Black families that owned their homes, according to National Low-Income Housing Coalition. Today, those figures have hardly changed in the Black community, although White homeownership has increased five percentage points to 71.1%.

Boatman Patterson said the rate has not changed in Black and Brown communities because financing for affordable entry-level homes is almost nonexistent. The homeownership disparities contribute to the disturbing racial wealth gap in the nation, according to the National Low-Income Housing Coalition’s October 2018 report.

“We really must align the financing with the actual building of units, which we haven’t necessarily done. Because of this misalignment, I think we continue to see problems,” Boatman-Patterson said.

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