Real Estate/Development,
Land Use,
Government
Oct. 25, 2022
Developers cite ‘builder’s remedy’ in housing disputes with cities
A version of the idea goes back at least to the Housing Accountability Act. It states that if cities don’t comply with the state’s housing element requirements, developers who include minimum amounts of affordable housing can fast track new projects. Cities can only block these projects under limited circumstances, such as if they can show they harm public health and safety.
In 1982, the California Legislature responded to a looming housing crisis by passing the Housing Accountability Act. Forty years later, the Santa Monica City Council announced 12 projects with nearly 4,000 units of housing had been approved under the law.
In between came decades of wrangling in Sacramento and three recent court decisions. Attorneys representing developers say their clients had long been wary of going to court with the citie...
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