YIMBY Law Challenges Governor’s Order Allowing Cities to Restrict SB 9 Housing in High Fire Hazard Zones
The housing advocacy group, YIMBY Law, is challenging a 2025 executive order issued by Gov. Gavin Newsom that allows local governments to restrict or suspend certain housing developments in wildfire-affected areas of Los Angeles County, with a new lawsuit.
The legal action, filed nearly a year after destructive wildfires swept through parts of the county, targets an executive order signed in July 2025 that grants cities discretion to limit projects authorized under Senate Bill 9 in designated high fire hazard severity zones. YIMBY Law argues the order is slowing rebuilding efforts and undermining state housing policy intended to support recovery.
Senate Bill 9, approved by the Legislature and signed into law in 2021, permits property owners in qualifying single-family neighborhoods to split lots and construct up to two primary homes and two accessory dwelling units on parcels previously limited to one residence. Lawmakers designed the measure to ease zoning restrictions, expand housing supply, and create additional pathways for homeownership and rental housing in high-cost areas.
CD 11 City Councilwoman Traci Park gave a statement to Politico and said, “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. Threats of lawsuits are absolutely tone-deaf to the reality on the ground.”
The executive order allows local jurisdictions within wildfire burn zones to pause or limit SB 9 projects, a move YIMBY Law describes as unprecedented. The group contends the added discretion increases rebuilding costs and reduces options for residents seeking to return to fire-damaged communities.
Sue Kohl, president of the Pacific Palisades Community Council, was quoted by Politicoas saying, “Anyone coming to the Palisades with the idea of increasing density, whether it’s low-income housing, high-income housing, whatever it is, we will be vehemently opposed without question.”
According to the lawsuit, SB 9 plays a key role in rebuilding neighborhoods such as Pacific Palisades and Malibu, where many homeowners were underinsured and rely largely on land value to finance reconstruction. By allowing lot splits, duplexes, and accessory units, the law can enable property owners to generate rental income, sell portions of land, or accommodate extended family, options the group says are essential for working- and middle-income residents.
The executive order followed public pressure from some residents and social media figures who argued that increased density could complicate evacuations during future wildfires. YIMBY Law disputes that claim, stating that fire risk and evacuation concerns can be addressed through other mitigation strategies. The group also noted that existing state law already permits cities to block housing in areas where safety risks cannot be adequately reduced.
In its filing, YIMBY Law asserts that the governor’s order exceeds the authority granted under the California Emergency Services Act, which it says limits emergency powers to responding to active disasters rather than suspending laws in anticipation of future events. The lawsuit also argues the order violates the separation of powers by overriding legislative decisions embedded in SB 9, including provisions that already account for fire safety constraints.
The suit further contends that the executive order conflicts with SB 9’s statutory framework, which establishes objective standards for when housing projects may be restricted, and that the governor lacks authority to selectively suspend a ministerial housing law under emergency powers.
