Court Opinions

State Laws

US Code

US Constitution

California Government Code Section 65587

Legal Research Home > California Lawyer > Government Code > California Government Code Section 65587

(a) Each city, county, or city and county shall bring its
housing element, as required by subdivision (c) of Section 65302,
into conformity with the requirements of this article on or before
October 1, 1981, and the deadlines set by Section 65588. Except as
specifically provided in subdivision (b) of Section 65361, the
Director of Planning and Research shall not grant an extension of
time from these requirements.
   (b) Any action brought by any interested party to review the
conformity with the provisions of this article of any housing element
or portion thereof or revision thereto shall be brought pursuant to
Section 1085 of the Code of Civil Procedure; the court's review of
compliance with the provisions of this article shall extend to
whether the housing element or portion thereof or revision thereto
substantially complies with the requirements of this article.
   (c) If a court finds that an action of a city, county, or city and
county, which is required to be consistent with its general plan,
does not comply with its housing element, the city, county, or city
and county shall bring its action into compliance within 60 days.
However, the court shall retain jurisdiction throughout the period
for compliance to enforce its decision. Upon the court's
determination that the 60-day period for compliance would place an
undue hardship on the city, county, or city and county, the court may
extend the time period for compliance by an additional 60 days.
   (d) (1) If a court finds that a city, county, or city and county
failed to complete the rezoning required by subparagraph (A) of
paragraph (1) of subdivision (c) of Section 65583, as that deadline
may be modified by the extension provided for in subdivision (f) of
that section, the court shall issue an order or judgment, after
considering the equities of the circumstances presented by all
parties, compelling the local government to complete the rezoning
within 60 days or the earliest time consistent with public hearing
notice requirements in existence at the time the action was filed.
The court shall retain jurisdiction to ensure that its order or
judgment is carried out. If the court determines that its order or
judgment is not carried out, the court shall issue further orders to
ensure that the purposes and policies of this article are fulfilled,
including ordering, after considering the equities of the
circumstances presented by all parties, that any rezoning required by
subparagraph (A) of paragraph (1) of subdivision (c) of Section
65583 be completed within 60 days or the earliest time consistent
with public hearing notice requirements in existence at the time the
action was filed and may impose sanctions on the city, county, or
city and county.
   (2) Any interested person may bring an action to compel compliance
with the deadlines and requirements of paragraphs (1), (2), and (3)
of subdivision (c) of Section 65583. The action shall be brought
pursuant to Section 1085 of the Code of Civil Procedure. An action
may be brought pursuant to the notice and accrual provisions of
subdivision (d) of Section 65009. In any such action, the city,
county, or city and county shall bear the burden of proof.

Last modified: January 12, 2009