Encinitas has been hit with yet another legal challenge to Proposition A and the city’s failure to adopt a housing element update.It should be pointed out to the supposed affordable housing advocates that adopting Measure T against the will of the voters would require zero affordable housing, and would result in the development of primarily luxury condos and vacation rentals, none of which would appear to help Ms. Del Rose. Whereas if they took a chill pill and allowed the Blakespear-Ehlers task force to develop a plan, there would be actual affordable housing requirements.
This time, a group of attorneys specializing in affordable housing law on behalf of the low-income community has issued a letter to Encinitas demanding it adopt a housing element by March 30, or be sued.
The four-point legal demand dated March 15 argues that the city has repeatedly failed to meet it’s state requirements to zone appropriately to meet its regional affordable housing needs. The letter then takes aim at Prop. A, the 2013 voter initiative that requires a public vote on major zoning changes or changes to the Housing Element, which the attorneys argue directly conflicts with state law.
“By continuing to require voter approval to adopt an updated housing element, the city continues to be without a housing element that complies with applicable state law, and will not be in compliance for the foreseeable future,” the letter states.
San Diego Volunteer Lawyer Program, Cozen O’Connor P.C. and the Public Interest Law group represent Lorraine Del Rose and San Diego Tenants United in the case. Del Rose is described as a San Diego County resident who has struggled to obtain affordable housing due to lack of supply.
But maybe affordable housing isn't the real goal here.