State courts have ruled for 40 years that charter cities must obey state housing laws.
We asked him to clarify how the law affects charter cities. The interview has been edited for length and clarity.
But a city can also decide that it wishes to adopt its own “charter,” which is essentially a local government constitution. Once a city has adopted a charter, the city’s internal operations are governed by the city’s own charter rather than the state’s “general law.”The California Constitution also gives charter cities an important – but importantly limited – exemption from complying with certain state laws, but only within the field of “municipal affairs.”No. State law prevails over local law.
When an issue primarily affects people in one locality – such as locally imposed taxes – courts have affirmed that the state should not interfere with the decisions charter cities make about how to govern their own affairs.But as the Supreme Court put it in 1988, municipal action “which affects persons outside of the municipality becomes … a matter which the state is empowered to prohibit or regulate.
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