YIMBY Law Files Lawsuit Against Governor Newsom’s Executive Order Suspending SB 9 in Los Angeles Burn Areas

MEDIA CONTACT: Catie Stewart - email 

LOS ANGELES – Nearly one year after catastrophic wildfires devastated communities in Los Angeles County, YIMBY Law has filed a lawsuit challenging an Executive Order from Governor Gavin Newsom giving local governments discretion to limit or suspend SB 9 development in certain high fire hazard severity zones within the Los Angeles burn areas. This Executive Order is, ironically, hampering recovery and harming the very communities it purports to support. Protecting SB 9 is essential to rebuilding these areas equitably, safely and sustainably so that future generations can afford to live there.

SB 9, passed by the California Legislature and signed into law in 2021, allows property owners in qualifying single-family neighborhoods to split lots and build up to two homes and two Accessory Dwelling Units (ADUs) on what was previously a single parcel. The law was designed to reduce regulatory barriers, add urgently needed housing, and create more equitable opportunities for families to build generational stability in high-cost communities.

Governor Gavin Newsom’s Executive Order was issued in July 2025. Giving local jurisdictions this type of ability was an unprecedented move, making it harder and more expensive to rebuild.

SB 9 is and remains a critical tool for rebuilding equitably and sustainably in communities like the Pacific Palisades and Malibu. California’s local and state leaders have made the decision to allow residents to rebuild in these and other fire-prone areas, which will require safer construction and fire-proofing. SB 9 allows homeowners, many of whom were underinsured and have only the value of their land to put toward rebuilding, to split their lots and sell unused land, or build ADUs and duplexes that generate rental income or support intergenerational living. Without these options, it will be nearly impossible for low-income and working class people to return to and live in these communities.

“My parents survived the Eaton Fire, but our home didn’t,” said Andrew Post, whose family home burned down in 2024. “Now, as we want to rebuild and come back to the community we love, we’re staring down costs we can’t meet. SB 9 isn’t a danger, it’s a lifeline. It gives people like us a real chance to rebuild by creating rental income or making space for multiple generations and families to live on the same land. Taking that option away means pushing out the very people who are trying hardest to come back.”

“The scale of loss was all-encompassing, and we need to make it easier and more equitable to rebuild,” said Sonja Trauss, the Executive Director of YIMBY Law. “Families of all types are struggling to return to their communities. Most homeowners were under-insured, and now rents are spiking, land values are falling, and rebuilding costs are astronomical. Making it harder for families to use the single most impactful tool they have left––their land––doesn’t make recovery safer. It raises the barrier of who gets to come back at all.”

Governor Newsom’s Executive Order to suspend SB 9 came after a pressure campaign from influencers like former reality TV star and TikToker Spencer Pratt, whose home in the Palisades burned down in the fire. While these influencers claimed that splitting lots, as SB 9 allows, would endanger people’s ability to leave the Palisades if there were to be another fire, the reality is that there are many strategies available to communities to reduce fire risk and support orderly evacuation. Where there are no other mitigation options, state law already allows cities to prohibit new housing.

The Los Angeles wildfires destroyed more than buildings, they uprooted whole communities. SB 9 helps residents rebuild. We must defend the state laws that create rebuilding opportunities for working families so everyone can move back––not only the wealthiest homeowners whose insurance or personal savings can cover the construction of a single family home on a large lot. 

YIMBY Law’s suit asserts these claims about Newsom’s Executive Order:

1. It violates the California Emergency Services Act - Emergency powers may be used only to mitigate ongoing disasters, not to suspend laws preemptively for speculative future crises, and cannot be delegated carte blanche to localities.
   
   

2. It is constitutional overreach and violates the separation of powers - The Legislature already weighed evacuation risk, fire safety constraints, and relief from local discretionary review when passing SB 9, including explicit carve-outs for high fire-severity zones.
   
   

3. It violates SB 9’s statutory guardrails - The Governor lacks authority to selectively suspend one ministerial housing law under the guise of emergency mitigation where objective fire-safety exclusions already apply.

MEDIA CONTACT: Catie Stewart - email 

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About YIMBY Law: YIMBY Law’s mission is to end the housing shortage and achieve affordable, sustainable, and equitable housing for all. YIMBY Law is the legal arm of the pro-housing movement and is housed in YIMBY Action’s 501c3 affiliate, Yes In My Back Yard. YIMBY Law leads grassroots oversight and takes legal action so that housing laws are followed, more homes are built, and housing becomes affordable and equitable.