Huntington Beach Loses Supreme Court Appeal Over Housing Lawsuit

City must comply with state housing requirements after high court declines to hear case

Published on Feb. 24, 2026

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The U.S. Supreme Court has declined to consider Huntington Beach's appeal of a lower court ruling that the city violated state law by refusing to update its housing plan and zone for at least 13,368 new homes this decade, including affordable options. The decision leaves intact the lower court's order, which California Attorney General Rob Bonta praised as holding the city accountable after years of "meritless resistance."

Why it matters

This ruling is a significant setback for Huntington Beach's long-running legal battle against the state's housing requirements. As a charter city, Huntington Beach had argued it was not bound by certain state laws, but the courts have repeatedly rejected that argument. The decision underscores that cities cannot use the Constitution to avoid complying with state housing mandates aimed at addressing California's affordable housing crisis.

The details

In 2023, the California Attorney General's office sued Huntington Beach for violating state law by refusing to submit a compliant housing element, which maps out where and how new housing can be built. A lower court and federal appeals court rejected the city's argument that as a charter city it was not required to abide by the state housing laws. In September 2025, a state appeals court ordered Huntington Beach to update its housing element within 120 days and allowed state regulators to impose restrictions on the city's control over permitting and development in the meantime.

  • In 2023, the California Attorney General's office sued Huntington Beach.
  • In September 2025, a state appeals court ordered Huntington Beach to update its housing element within 120 days.
  • In December 2025, the California Supreme Court denied the city's appeal of the lower court order.

The players

Rob Bonta

California Attorney General who applauded the Supreme Court's decision and said he looks forward to holding Huntington Beach accountable in state court.

Gavin Newsom

California Governor who called Huntington Beach's lawsuit a waste of taxpayer resources and said city officials cannot use the First Amendment to violate state housing law.

Casey McKeon

Huntington Beach Mayor who did not immediately respond to a request for comment on the Supreme Court's decision.

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What they’re saying

“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.”

— Rob Bonta, California Attorney General

“City officials can't use the First Amendment as an excuse to violate state housing law. 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.”

— Gavin Newsom, California Governor

What’s next

The California Attorney General's office has sought civil penalties of $50,000 per month against Huntington Beach for delays in adopting a compliant housing element. The city now has 120 days to update its housing plan as ordered by the state appeals court.

The takeaway

This Supreme Court decision is a major victory for California's efforts to address the state's housing crisis. It reaffirms that cities cannot use legal challenges to avoid complying with state housing mandates, even if they claim special constitutional protections as charter cities. The ruling puts pressure on Huntington Beach to finally update its housing plan and work with the state to facilitate the development of more affordable homes.