Cupertino is scrambling to fix what city officials are calling an “accounting error” after discovering more than $100,000 in affordable housing dollars went to pay off fees from a housing lawsuit, drawing backlash from residents in a time of fiscal uncertainty.

The city used money from its below-market-rate housing fund to pay for a lawsuit filed last year by housing advocates Yes in My Backyard Law (YIMBY Law) and California Housing Defense Fund against the city’s noncompliant state-mandated housing plan, according to city documents and publicly available legal invoices acquired by a resident’s public records request. The fund, which has roughly $5.2 million and is funded by developer impact fees, is supposed to be used for affordable housing development.

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