The Affordable Housing Coalition of San Diego County v. Drager CA3
Opinion
Opinion
BACKGROUND
As explained in The Affordable Housing Coalition of San Diego County v. Drager (July 29, 2020, C083811) [nonpub. opn.] (rhg. den. & opn. mod. Aug. 25, 2020), in general, former redevelopment agencies were authorized to borrow from their Low and Moderate Income Housing Fund (Housing Fund) to make required payments to the Educational Revenue Augmentation Fund (ERAF) and the Supplemental Educational Revenue Augmentation Fund (SERAF) but the amounts borrowed had to be repaid. In addition, former redevelopment agencies were allowed to suspend all or part of their mandatory deposits into the Housing Fund for certain purposes, but the amounts suspended were a debt that also had to be repaid. The Coalition filed a second amended petition for peremptory writ of mandate and complaint for declaratory relief against San Diego County, the Auditor and Controller of San Diego County, and 16 cities in San Diego County that were successor agencies to former redevelopment agencies. The petition alleged that loans and suspended deposits owed to the Housing Fund, and past, unmet affordable housing obligations, should have been, but were not, listed in Recognized Obligation Payment