Supreme Court Denies Huntington Beach Housing Law Challenge

CA Attorney General Press Releases

Filed February 23rd, 2026

Detected February 23rd, 2026

Summary

California Attorney General Rob Bonta announced the U.S. Supreme Court denied Huntington Beach's challenge to state housing laws. This decision upholds a Ninth Circuit ruling and requires Huntington Beach to comply with state housing mandates, with ongoing litigation in state court to ensure compliance.

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What changed

The U.S. Supreme Court has denied Huntington Beach's petition for a writ of certiorari, effectively ending the city's federal challenge to California's housing laws. This denial leaves in place the Ninth Circuit's decision, which affirmed the dismissal of Huntington Beach's lawsuit. The California Attorney General's office views this as a victory, emphasizing that the city must now comply with state housing laws and will face further action in state court to remedy its violations.

This development means that Huntington Beach can no longer pursue its constitutional challenge in federal court and must adhere to the state's housing mandates. The state has secured a court decision requiring the city to adopt a compliant housing element within 120 days and has restricted its land use authority until this is satisfied. Regulated entities, particularly municipalities within California, should note the state's aggressive enforcement of housing laws and the limited avenues for challenging them, reinforcing the need for compliance with state housing element requirements.

Source document (simplified)

Attorney General Bonta Celebrates U.S. Supreme Court’s Denial of Huntington Beach’s Challenge to State Housing Laws

Press Release
Attorney General Bonta Celebrates U.S. Supreme Court’s Den… Monday, February 23, 2026 Contact: (916) 210-6000, agpressoffice@doj.ca.gov OAKLAND — California Attorney General Rob Bonta and Governor Gavin Newsom today issued the following statements after the U.S. Supreme Court declined to hear the City of Huntington Beach’s federal lawsuit challenging the constitutionality of certain California housing laws. The Supreme Court’s denial of Huntington Beach’s petition for a writ of certiorari leaves in place a decision by the U.S. Court of Appeals for the Ninth Circuit that affirmed the dismissal of the City’s lawsuit.

“Huntington Beach took its fight to the highest court in the country — and lost. Today, the U.S. Supreme Court officially declined to step in, leaving no doubt that the City must comply with our state housing laws,” said Attorney General Rob Bonta. “After years of meritless resistance that has wasted taxpayer dollars, Huntington Beach can no longer claim that the U.S. Constitution is on its side. It is not. We look forward to holding the City fully accountable in state court, where we recently secured a decision that requires it to remedy its violations and significantly restricts the City’s local control until it does so.”

“City officials can’t use the First Amendment as an excuse to violate state housing law," said Governor Gavin Newsom. "The Huntington Beach officials who wasted taxpayer dollars on this embarrassing approach rather than doing their jobs ought to be ashamed of themselves. Huntington Beach deserves better. What a waste of taxpayers’ dollars that could have gone to much-needed housing for their community.”

On March 9, 2023, Attorney General Bonta, Governor Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez filed a lawsuit in state court against Huntington Beach for failing to timely adopt a compliant housing element. On December 19, 2025, the State secured a decision from the San Diego Superior Court requiring the City of Huntington Beach to, among other things, adopt a housing element within 120 days and restricting the City’s land use authority, effective immediately, until that requirement is satisfied.

In response to the State’s lawsuit, the City of Huntington Beach filed a federal lawsuit challenging the constitutionality of certain California housing laws. The City’s lawsuit was dismissed by the U.S. District Court for the Central District of California, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously affirmed the district court’s dismissal, and the U.S. Court of Appeals for the Ninth Circuit then denied the City’s petition for rehearing en banc. The City asked the U.S. Supreme Court to review the aforementioned rulings, and that request was denied today.