YIMBY Law has sued Gov. Gavin Newsom after his July order allowed local governments to block SB 9 duplex rebuilds in wildfire-damaged areas of Los Angeles. The suit alleges the order unlawfully restricts homeowners and exceeds the governor’s emergency powers, overriding a Legislature-approved law that permits duplexes with additional safety rules. Local leaders in the Pacific Palisades oppose added density, citing evacuation safety concerns, while YIMBY argues SB 9 offers vital financial options for uninsured or underinsured homeowners.
YIMBY Law Sues Newsom Over Ban On Duplex Rebuilds In L.A. Wildfire Zones
Dec 11
A pro-housing advocacy group has filed a lawsuit against California Gov. Gavin Newsom after his July executive order allowed local governments to block duplex construction under Senate Bill 9 (SB 9) in areas of Los Angeles damaged by January's wildfires.
The complaint, filed Wednesday by YIMBY Law in Los Angeles County Superior Court, argues the governor unlawfully curtailed homeowners' ability to rebuild by permitting cities and the county to set aside SB 9 — the 2021 law that enables duplexes and lot-splitting on single-family parcels, subject to safety requirements.
Background
Newsom issued the directive following lobbying by property owners in the Pacific Palisades, a coastal L.A. neighborhood that saw significant destruction in the blazes. Residents argued that permitting duplexes or dividing lots would alter neighborhood character and could complicate evacuation during future emergencies.
After the order, the cities of Los Angeles, Malibu and Pasadena, along with Los Angeles County, moved to ban SB 9 rebuilds in areas designated as high fire risk. Those jurisdictions are named as defendants in the lawsuit alongside the governor.
Legal Claims and Stakes
YIMBY Law, a San Francisco-based group known for suing public agencies to clear barriers to housing, contends that Newsom exceeded his emergency powers and intruded on the Legislature's prerogative. The complaint says the ban "has nothing to do with mitigating the effects of an existing emergency, but instead represents a policy choice" about where SB 9 projects should be allowed — a choice the Legislature already made when it passed SB 9 with additional safety standards for fire-prone areas.
"We will not allow outside groups — even longstanding allies — to attack the Palisades, and communities in the highest fire risk areas throughout L.A. County, or undermine local flexibility to rebuild after the horror of these fires," Newsom spokesperson Tara Gallegos told POLITICO. "Our obligation is to survivors, full stop. We will not negotiate that away. If defending them requires drawing firm lines, we will draw them."
Negotiations That Didn’t Hold
YIMBY Law says it reached an understanding with senior Newsom aides last week not to sue if duplex-building rights were restored after a year. When Newsom did not act, the organization filed suit to defend what it calls homeowners' rebuilding options.
Local Opposition and Safety Concerns
Palisades leaders strongly oppose added density. They point to the chaotic Jan. 7 evacuation — when residents abandoned cars on a primary route and fled on foot — and say additional units could worsen risks during future fires.
"After what this community just lived through, the idea of forcing more density into a high-fire-severity zone demonstrates this isn't about sound housing policy, but ideological extremism," Los Angeles City Councilmember Traci Park, who represents the Palisades, told POLITICO.
Why It Matters
YIMBY Law argues SB 9 can provide critical financial flexibility to homeowners — many uninsured or underinsured — by enabling rental income or the sale of part of a lot to help finance rebuilding. The case could test the limits of gubernatorial emergency powers, clarify how housing law applies in disaster zones, and influence future rebuilding and zoning policy across California.
