California Attorney General Announces Housing Element Settlement With Monterey County: $300,000 Penalty to Fund Affordable Housing
California Attorney General Rob Bonta and the California Department of Housing and Community Development (HCD) announced in Oakland on November 5 a settlement with Monterey County, in California, resolving the county's failure to adopt a housing element in compliance with California's Housing Element Law. The settlement is the latest in California's efforts to achieve 100% statewide compliance with the law.
Under the state's Housing Element Law, every city and county in California is required to periodically update its housing plan to meet its share of regional and statewide housing needs. California is currently in the sixth housing element update cycle, which requires local governments to plan for approximately 2.5 million additional homes statewide. Monterey County failed to adopt a compliant housing plan by its statutory deadline of December 15, 2023. HCD provided direct guidance and reminders to the county, confirming its leaders were fully aware of their legal obligations to submit a substantially compliant housing element for HCD's review.
As a result of the settlement, Monterey County has adopted a compliant housing element and completed its mandatory rezoning by the November 3, 2026 deadline, in addition to taking other related actions.
"The state's Housing Element Law is in place to hold local governments accountable for building their fair share of housing," said Attorney General Bonta. "Counties have the same obligation that cities do to plan for their communities' housing needs. My office remains committed to ensuring that every jurisdiction does its part to provide Californians with more affordable and accessible housing opportunities statewide."
"Today's action demonstrates once again how seriously this administration takes accountability to state housing law for local governments," said HCD Director Gustavo Velasquez. "Every city and county must create a plan to meet housing need at all income levels. I am grateful Monterey County has taken this critical step toward completing the necessary rezoning, setting aside funding for affordable housing, and committing to doing better in the next housing element cycle."
Under the settlement, Monterey County will commit to its sixth cycle housing element rezoning actions approved and adopted by the County Board of Supervisors; agree to pay Senate Bill 1037 (Wiener, 2024) monetary penalties of $300,000 for its untimely adoption of a Sixth Cycle housing element, and deposit the penalties into its local housing trust fund to be used for affordable housing projects; allocate adequate planning resources for developing its Seventh Cycle housing element, including ensuring at least one county planner is dedicated to drafting and coordinating it and including sufficient dedicated funding line items in the county's budget for the two fiscal years preceding the Seventh Cycle deadline; submit a draft Seventh Cycle housing element to HCD in advance of the statutory deadline; and acknowledge its affirmative compliance with California's Housing Element Law. The state will have the authority to enforce the settlement agreement if the county breaches its terms.
The Attorney General's Office said HCD contacted Monterey County on several occasions after it failed to adopt a housing element on time. In July 2026, the Attorney General's Office filed five petitions against other jurisdictions in violation of the Housing Element Law and announced that the state intends to apply additional effort, whether technical assistance or enforcement, to ensure total statewide compliance by the end of the year. Representatives from Monterey County then quickly contacted HCD to discuss and commit to a pathway towards compliance.
Separately, on November 3, 2026, Bonta issued a letter to Monterey County notifying it that the county's general plan was out of compliance with state planning laws that require local governments to address the infrastructure and service needs of disadvantaged unincorporated communities, protect the community from flood hazards and climate change, and advance equitable access to open space and environmental justice. The letter invited the county to meet with the Attorney General's Office to discuss its plan to comply.
The Attorney General's Office said it has previously reached settlement agreements with the governments of Hollister, Artesia, La Habra Heights, Malibu, Fullerton, Coronado and San Bernardino, and now Monterey County, securing commitments from these jurisdictions to bring their housing plans into compliance.
(Source: California Attorney General's Office)
Source: California Attorney General's Office
Published by GSM · USA (original Chinese edition)
Photo: 图：位于 Sacramento 的加州总检察长办公室大楼。Coolcaesar 摄，CC BY-SA 3.0，经 Wikimedia Commons（GSM 加州固定图库）。 / Photo: The California Attorney General's office building in Sacramento. Photo by Coolcaesar, CC BY-SA 3.0, via Wikimedia Commons (GSM California fixed library).
