“This cycle, it’s a lot harder to get your housing element approved because the standards went up.” “There are a lot more places where (the builder’s remedy) applies,” said Sonja Trauss, YIMBY Law’s executive director. In brief, Elmendorf said in an email, it’s gotten a lot harder for cities to adopt compliant housing elements because of increased homebuilding goals and because of greater requirements to address fair housing issues. In that case, a Bay Area homeowner sought to build a backyard unit without the two parking spaces the city required. Yet, Elemdorf could only find one use of the builder’s remedy prior to last year. Southern California’s housing element deadline passed in 2021. “One might think developers in high-price places would be proposing massive condo projects hither and yon as soon as the deadline for housing element adoption passes,” UC Davis Law Professor Christopher Elmendorf, a housing element expert, tweeted in December 2021. Under this provision, cities and counties without a “substantially compliant” housing element can’t deny housing projects where 20% of the units are set aside for low-income residents or all of the units are affordable to moderate-income residents - even if they’re inconsistent with zoning rules or general plans. Huntington Beach leaders say they’ll challenge housing mandates.Redondo developer wants to build apartments near power plant city says hold on.Developer submits fast-track plans to redevelop Redondo Beach’s AES power plant site.Developers propose 576 homes in Orange, some at the mall, others by hospital.Lennar defies La Habra’s Measure X, files what could be ‘builder’s remedy’ application.The measure sought “to force” reluctant communities into approving more low-income housing, the San Francisco Chronicle reported at the time. The builder’s remedy was added to the state’s so-called “anti-NIMBY” Housing Accountability Act in 1990. So, why are developers rushing to take advantage of it now? And what, if anything, can municipalities without approved housing elements do to block them? Anti-NIMBY act Almost half of California municipalities - including 116 in Southern California and 103 in the Bay Area - are vulnerable to the builder’s remedy because they don’t have a state-approved plan, known as a “housing element.”Īlthough the builder’s remedy has been on the books for three decades, it went virtually unused until last June. And the potential for such projects is even higher - much higher.
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