BIA Sues Encinitas Again For Noncompliance With Housing Element Law

The Building Industry Association of San Diego County is suing Encinitas for the second time for noncompliance with the state-mandated Housing Element requirement, the San Diego Union-Tribune reports. The state Housing Element law requires cities to include a mix of housing affordable for all income groups in their general plans, particularly low-income families.

A plan to bring the city into compliance with this law appeared on the November 2016 ballot as Measure T, but was rejected by voters. The lawsuit filed in state Superior Court last month noted the BIA sued the city over its lack of a housing plan in 2014 and, as part of the settlement, the city agreed to create a Housing Element plan. The latest lawsuit alleges that the city has failed to do so and has been in noncompliance with state law for years because it hasn’t updated its housing plan since 1990.

BIA CEO Borre Winckel stated in an email the suit “aims to cause compliance on a time table that differs materially with the city’s foot-dragging record.” Encinitas Mayor Catherine Blakespear said the city is trying to get this done. Encinitas is the only city in San Diego County without a current, state-certified Housing Element plan.