Penalties for Non-Compliance

Frequently, after delivering a presentation about the Housing Element, we will field a question that is akin to: “What happens if Danville chooses not to comply with State-imposed standards and adopt a Housing Element that charts our own vision for the future?”

It’s a fair question. The answer, unfortunately, is rather ominous.

Penalties for non-compliance include court-imposed fines of up to $600,000/month and potential lawsuits. Beyond the cost of fines and legal defense, the courts are now authorized to mandate compliance. What does that mean? It means that the courts can approve certain housing development on the Town’s behalf. In addition, the courts can suspend the Town’s ability to issue building permits.

For those who are interested in the details, we’ve attached a memo prepared for the Encinitas City Council by one of California’s top legal experts on housing issues. A housing ‘enforcement’ flow chart, acquired from the State HCD website, is also included.