Anaheim violated state housing laws with transitional housing permit denial, judge rules

An Orange County judge has ruled Anaheim violated several housing laws in its dispute with a nonprofit after the city denied a permit to open transitional housing for women.

The dispute was over whether Grandma’s House of Hope, which operates other facilities in Anaheim, could open a transitional housing facility in the Anaheim Colony Historic District. Orange County Superior Court Judge Walter Schwarm ruled on Friday the city violated state housing laws when the City Council denied a needed permit to open.

Gov. Gavin Newsom and Housing and Community Development Director Gustavo Velasquez leaders celebrated the ruling, calling it a defeat for communities who stand in the way of housing.

“Today’s ruling by the court is a victory for the state and should serve as a signal to other jurisdictions that discriminatory and NIMBY policies will not be tolerated,” Newsom said in a statement. “Transitional homes are a critical tool to address the homelessness crisis on our streets and get people into housing. Communities stubbornly refusing to allow housing for all Californians will ultimately be held accountable.”

The City Council in 2021 voted unanimously to deny a conditional use permit to convert an eight-bedroom house into a transitional living facility in the Colony District after opposition from the neighborhood. The home would have housed 16 women.

Grandma’s House of Hope sued in 2022, and the state joined the lawsuit later that year, arguing the transitional housing had a right to be in the neighborhood. The nonprofit has said it would have mostly homeless women over 40 with mental health issues and recovering from trauma.

“This represents a tremendous victory not just for Grandma’s House and the formerly homeless individuals Grandma’s House is committed to serving – but for all Californians devoted to stemming the state’s housing and homelessness crisis,” Dan Golub, who represented Grandma’s House of Hope, said in a statement.

The ruling declared the city’s permit denial was not valid and set further proceedings to consider if further remedies should be imposed, according to a news release from HCD.

Anaheim violated the Housing Element Law, the Housing Accountability Act, the Land Use Anti-Discrimination Law, and Affirmatively Furthering Fair Housing Law, the judge said.

Erin Ryan, a spokesperson for the city, said the city is welcoming to these types of housing, but the neighborhood already had its fair share of community care facilities.

The city, Ryan said, has to walk a fine line of upholding the integrity of neighborhoods.

“While we never want to be in court on an issue like this, we needed to share our concerns for our neighborhoods, including for those seeking the best possible setting for recovery in transitional housing,” Ryan said in a statement. “We will continue to review the ruling and evaluate next steps. Anaheim continues to welcome housing that serves all needs in our community.”