Attorney General Bonta Issues Statement on Appellate Court Decision Affirming Constitutionality of SB 10

SACRAMENTO – California Attorney General Rob Bonta today issued the following statement in response to the ruling by the California Second District Court of Appeal affirming a lower court opinion, which found that Senate Bill 10 (SB 10) was constitutional. SB 10 empowers local governments to allow for denser housing, irrespective of local restrictions, if the local government so chooses.

“All along, we have been arguing that SB 10 is constitutional. Today, the California Second District Court of Appeal ruled in our favor,” said Attorney General Rob Bonta. “Up and down our state, Californians are struggling to afford housing. Our legislature passed SB 10 to help address that problem by allowing for the construction of denser housing. I would like to thank Senator Wiener for authoring SB 10, and thank my team for successfully defending this important law.”

“This ruling is a big win for all Californians struggling under our housing affordability crisis,” said Senator Scott Wiener. “The court’s recognition that our housing crisis is best tackled at the state level is a historic step forward for pro-housing policy. The Department of Justice’s excellent work on this case has paved the way for much more progress to come.” 

Attorney General Bonta is committed to advancing housing access, affordability, and equity in California. Just last week, he announced his sponsorship of a bill authored by Senator Wiener that would enhance the Attorney General’s ability to seek civil penalties in court against local governments that violate state housing law. Earlier this month, Attorney General Bonta also secured a court order requiring La Cañada Flintridge to process the approval of a mixed-use affordable housing project under the Housing Accountability Act’s so-called “builder’s remedy” because the city did not have a compliant housing element in place when the project was proposed.

A copy of the appellate court’s decision can be found here.