ELK GROVE, Calif. — Elk Grove violated state laws when they denied a low-income housing project for the city's historic downtown district, according to Attorney General Rob Bonta.
The project was denied back in July after being appealed to the Elk Grove City Council.
The Oak Rose Apartments was proposed near Waterman Road and Elk Grove Boulevard in Old Town Elk Grove. It would have provided 66 units of supportive housing for people at risk of homelessness.
Thursday, Bonta said the project's denial, which was based on not meeting the city's zoning standards and therefore eligibility for SB 35 review, was "improper." He urged city officials to take corrective action to realign with state law.
Bonta issued a letter to mayor of Elk Grove saying the denial of the housing project violated laws including the Housing Accountability Act and fair housing laws meant to ban discriminatory land use practices.
“Confronting and addressing our state’s housing crisis requires all of us – including local governments – working together to increase affordable housing opportunities for those who need it most,” said Attorney General Rob Bonta. “Too many Californians across this state worry about keeping a roof over their heads, or lack housing altogether. State housing laws are in place to provide all Californians, regardless of income level, the opportunity to access affordable housing and have a place to call home. We’re committed to enforcing the law, and we will not stand idly by in the face of housing discrimination. I urge Elk Grove to reconsider its unlawful denial of the Oak Rose Apartment project, or face the legal consequences.”
According to a news release, Elk Grove previously said the project didn't qualify for approval because it included residential units on the ground floor, violating a zoning requirement. However, Bonta said the restriction didn't qualify as an "objective" standard under SB 35 because it depends on discretion.
Bonta also pointed to Elk Grove allowing the Elk Grove Railroad Courtyards Project, a market-rate housing development, to move forward despite the presence of ground floor residential units and the city using a strict interpretation of the restriction with Oak Rose.
In other words, he said the city adopted two conflicting interpretations of the restriction for "similarly situated projects serving different populations."
In a statement, the City of Elk Grove pushed back against Bonta's assessment, saying the project didn't meet their objective zoning standards and that the allegations were incorrect.
“We agree that every city must do its fair share to address the state housing crisis and Elk Grove is doing its part. We reject the notion that Elk Grove is engaged in unlawful discrimination. We remain committed to supporting solutions that balance the needs of all in the community” said Mayor Bobbie Singh-Allen.
Dana Trujillo, CEO and president of Excelerate Housing Group, was part of the team behind the Oak Rose Apartments. She said the city has a rising homeless population and doesn't have enough affordable homes to support its most vulnerable residents -- adding that Oak Rose Apartment is a solution to that problem.
"With regard to the Attorney General’s letter released today, we welcome any action or support the state can provide that will allow us to build permanent housing and support for unhoused residents who need it, in Elk Grove and throughout California," Trujillo told ABC10.
