Frustration Is Justified—But Let’s Be Clear on Who Makes California’s Housing Laws

Councilman James Breitling

7/24/20251 min read

At last night’s Planning Commission meeting, we heard from many residents who are deeply frustrated with the State’s housing mandates—particularly the RHNA numbers and the proposed zoning changes tied to our Housing Element. Several people asked why the City doesn’t just “stand up to the Governor” or “challenge Sacramento head-on.”

I want to speak directly to that point.

The frustration is absolutely valid. I share it. But we must also be clear-eyed about where these laws come from—and how they’re enforced.

RHNA mandates, Housing Element compliance deadlines, SB 9, SB 10, and the Builder’s Remedy are not executive orders from Governor Newsom. These are state laws, passed by the California Legislature over many years, often with bipartisan support. Yes, Governor Newsom has made housing a top priority and has directed state agencies like HCD and the Attorney General’s Office to enforce these laws more aggressively. But he didn’t write them—and he can’t repeal them. That power belongs to the Legislature.

So no matter who is governor, cities like Upland are still bound by these laws. Challenging the Governor, in and of itself, won’t change the legal framework we’re operating under. That’s why it’s critical that residents understand this: if we want change, we have to hold our State Assemblymembers and State Senators accountable. They’re the ones who vote on housing bills. They’re the ones who decide whether local zoning authority should be preserved or overridden.

If you’re concerned about what’s happening in Upland—and across California—ask your state representatives where they stand. Ask them how they voted on SB 9 and SB 10. Ask them whether they support unfunded mandates that cities are expected to carry out with no support for infrastructure, public safety, or traffic mitigation.

Local government is on the front lines of this crisis—but we didn’t create the problem. We’re doing our best to comply with mandates, protect our community character, and keep residents informed. And I promise to keep fighting for policies that respect local control.

But we need your voice, too. Engage with your state legislators. Follow their voting records. Let them know that we expect housing policies that are realistic, balanced, and funded. If we want real reform, it has to start with the Legislature.