San Francisco housing project faces lawsuit citing 1871 Civil Rights Act

Opponents of a proposed 848-unit residential development above a Safeway grocery store in San Francisco have filed a federal lawsuit citing Section 1983 of the Civil Rights Act of 1871, according to HousingWire.

The lawsuit challenges the city's approval of the project under California Assembly Bill 2011, a 2022 law that allows qualifying housing projects on commercially zoned land to bypass public hearings and environmental reviews.

Opponents argue the Safeway project does not qualify for this streamlined process and claim the city excluded them from the approval process.

Developers have asked the court to dismiss the lawsuit, calling the use of the civil rights statute a misuse of a law originally intended to protect Black Americans from Ku Klux Klan violence.

The project would replace the existing Safeway at 15 Marina Blvd. with two residential towers of 22 and 18 stories, including 86 units for lower-income households, despite the site's 40-foot zoning limit.

California lawmakers have expanded AB 2011 to encourage housing development, but local opposition groups continue to challenge projects using various legal tactics.