Builder’s Remedy

Builder’s Remedy

In California, the “builder’s remedy” is a legal mechanism, part of the Housing Accountability Act (HAA), that compels local governments to approve housing projects, even if they don’t align with local zoning and planning requirements, if the city lacks a state-certified Housing Element. 

Here’s a more detailed explanation:

  • What it is:The builder’s remedy is a provision within the California Housing Accountability Act (HAA) that prevents local governments from denying housing development projects that include certain levels of affordable housing, if the local agency cannot make certain findings. 
  • When it applies:It kicks in when a city or county fails to have a state-certified Housing Element, which is a plan outlining how local laws will change to accommodate new housing. 
  • How it works:If a city doesn’t have a compliant Housing Element, a developer can bypass local zoning and planning restrictions to build a housing project, provided it meets certain affordability requirements. 
  • Affordability Requirements:Projects must include a certain percentage of units for lower-income households (20% or 100% depending on the project type). 
  • Recent Changes:Assembly Bill (AB) 1893, signed into law in 2024, modifies the builder’s remedy, clarifying and expanding protections for housing development projects. 
  • AB 1893:AB 1893 clarifies that local agencies can require Builder’s Remedy projects to comply with local objective, quantifiable, written development standards, conditions, and policies, but these requirements must not render the project infeasible. 
  • AB 1886:A companion law, AB 1886, clears the path for existing and future Builder’s Remedy projects by foreclosing a number of legal arguments that anti-Builder’s Remedy jurisdictions frequently employ to frustrate these projects. 
  • Purpose:The builder’s remedy aims to address California’s housing shortage by encouraging cities to plan for and accommodate more housing, particularly affordable housing. 
  • Impact:The builder’s remedy has been a topic of debate, with some arguing it is necessary to address the housing crisis, while others express concerns about its potential impact on local communities and the loss of local control.