Huntington Beach, July 22, 2021 – In a major victory, Public Law Center client and partner organization, Kennedy Commission was awarded over $3.5 million in attorneys’ fees for its advocacy in its years-long legal battle with the City of Huntington Beach in Kennedy Commission v. Huntington Beach, LASC Case No. 30-2015-00801675).

The Kennedy Commission lawsuit arose from the City’s adoption of the Beach and Edinger Corridors Specific Plan Amendment (“BECSP Amendment”) in 2015, which effectively blocked affordable housing development in the City. In July 2015, the Kennedy Commission, alongside two individuals who were later dismissed from the case, filed suit against the City, alleging that the City’s actions violated California Housing Element Law, the California Constitution, and state fair housing laws. Throughout the lawsuit, Kennedy Commission’s goal was for the City to come into compliance with state housing obligations. In particular, Kennedy Commission sought to have the City designate an adequate number of sites for the development of affordable housing in order to accommodate the 413-unit shortfall in the City’s lower-income Regional Housing Needs Allocation (or “RHNA”) caused by the BECSP Amendment. After Kennedy Commission initially prevailed at the trial court, the Court of Appeal reversed that victory, on the ground that the City was exempt from certain Housing Element Laws because of its status as a charter city.

In response to that decision, in 2018, the California Legislature passed Senate Bill 1333 clarifying that key provisions of state planning and zoning laws do apply to charter cities, including Huntington Beach and over 120 others throughout California. The legislative history of Senate Bill 1333 specifically referred to the Kennedy Commission case as the reason for the change to the law, noting that the Court of Appeal’s decision exempting charter cities from Housing Element Law compliance “threaten[ed] to undermine the state’s efforts to ensure that affordable housing is available statewide.” On February 3, 2020, the City adopted a revised Housing Element, which the California Department of Housing and Community Development (HCD) later certified as substantially compliant with Housing Element Law. The revised Housing Element responded to the exact issues that had been raised in the Kennedy Commission lawsuit, including by designating six sites on which 502 new units of affordable housing could be built to accommodate the City’s lower-income RHNA shortfall and establishing development standards that promote affordable housing.

Having achieved its primary objective—bringing the City’s Housing Element into substantial compliance with the law—Kennedy Commission stipulated to the dismissal of its remaining claims and filed a motion for attorneys’ fees. On July 8, 2021, the Honorable Michael L. Stern of the Los Angeles County Superior Court determined that the Kennedy Commission case was the catalyst that resulted in a change in state law that effectively mooted the City’s defenses to the lawsuit as well as City Council adopting a revised Housing Element that complied with state law. Based on this, the Court granted Kennedy Commission’s motion for attorneys’ fees in full. The Court concluded that “the Kennedy Commission lawsuit resulted in the enforcement of an important right affecting the public interest” by causing the City “to recognize how its prelitigation actions significantly impacted the availability of low-income housing, caused low-income persons to move out of the City and had discriminatory effects against residents and potential residents.” The Court stated that “[w]ithout the private enforcement action by Kennedy Commission, the future availability for low-income housing in the City and beyond would have been greatly different.” The Court concluded that Kennedy Commission’s requested fees were reasonable, given the length of the litigation and “the strenuous opposition by City authorities.” Praising the “exceptional work by dedicated volunteer attorneys,” the Court awarded Kennedy Commission $3,531,201.10 in attorneys’ fees, which included a multiplier of 1.4, in recognition of “the novelty and difficulty of the questions involved and the skills displayed in presenting them.”

Discussing the decision, Kennedy Commission Executive Director Cesar Covarrubius said, “This decision is a win for families who are struggling to pay their housing costs and underscores the need for each city to do its part to address its residents housing needs. It also demonstrates the important role that advocates can play to support the development of affordable housing in their communities. Given the devastating impact of the COVID-19 pandemic, it is critical that advocates and city officials work together to ensure that all California residents have a safe and affordable place to live.”
Kennedy Commission was represented on a pro bono basis by attorneys from Public Law Center, Community Legal Aid SoCal, Public Interest Law Project, and Jones Day.

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About the Kennedy Commission:

The Kennedy Commission is a community-based non-profit that works with residents and community organizations to increase the production of homes affordable to lower-income households in Orange County. Originally convened as an all-volunteer organization, the Kennedy Commission was formed in 2001 and named in honor of Ralph Kennedy, a pioneer for the homeless, affordable homes and human rights advocacy in Orange County.

The Kennedy Commission develops housing solutions that affirm the dignity of families with very low and extremely low-incomes and unites communities across Orange County to development of homes affordable to all.