Big win for those who want low-income housing in Clovis after judge rules city in violation
The City of Clovis has been violating California state housing laws and will be required to zone and plan for more than 4,000 low-income homes, according to a Fresno County Superior Court ruling.
Judge Kristi Culver Kapetan ordered that Clovis implement a new housing program in the next 120 days to include 4,425 low-incoming housing units.
Clovis was found to be not in compliance with the state Housing Element Law, which requires all local governments (cities and counties) to “adequately plan to meet the housing needs of everyone in the community.”
Court records show that when the Clovis City Council adopted its 2015-2023 planning period, it was determined 4,425 affordable needed to be zoned or rezoned, “which Clovis does not dispute.”
“By Dec. 31, 2016, Clovis had not fulfilled its commitment in the 2016 Housing Element to rezone sites,” according to court documents filed April 30.
The ruling was made after plaintiffs Desiree Martinez and Maria De Jesus Sanchez sued Clovis, claiming in their lawsuit that the city did not comply with state housing law and discriminated against low-income people and people of color by not properly zoning or planning affordable housing.
“The court concludes that the City is not in substantial compliance,” court documents read.
The court, however, did not side with Martinez and De Jesus Sanchez in their discrimination claims.
“There is distinction between failing to take sufficient steps pursuant to very complex statutory scheme to promote and facilitate development of housing for low income individuals, and taking some action that ‘prohibit[s] or discriminate[s]’ against such development,” the court ruling document said. ... “There does not appear to be any discrimination here, even if the City Council (based on comments made at council meetings) was looking for ways around the Housing Element requirements.”
Despite the court ruling for new zoning to include affordable housing, it could be a some time before low-income housing units actually are built in Clovis.
As noted in the court documents, Regional Housing Needs Allocation (RHNA) does not require municipalities to actually develop low-income housing; instead it requires municipalities to have sites available.
Nonetheless, Kapetan’s ruling that highlighted Clovis in violation of state housing laws was viewed as a big victory by lawyer Patience Milrod, executive director of Central California Legal Services, which filed the lawsuit on behalf of Martinez and De Jesus Sanchez.
“For the first time in decades,” Milrod said, “Clovis will finally begin to comply with state law and provide housing opportunities to lower-income residents.”
This story was originally published May 7, 2021 at 8:06 AM.