California Bill Clarifies ‘Builder’s Remedy’

The California state legislature passed two bills that clarify the ‘Builder’s Remedy,’ a formerly obscure policy that lets housing developments move forward in jurisdictions without state-approved housing elements. Under current law, developers can propose practically any kind of project on any lot.

According to an article on JDSupra, “[Assembly Bill 1893] replaces the ‘free-for-all’ approach to Builder's Remedy, and projects now must comply with new site restrictions, density limits, certain objective local standards and other mandated requirements. In exchange for these new restrictions, AB 1893 eases certain affordability requirements and offers Builder's Remedy applicants more explicit protection from common tactics used by opponents of Builder's Remedy projects.”

The policy came into sharp focus in recent years as more developers sought to apply it and the state cracked down on housing element noncompliance. The new bill sets stricter regulations for developers that will prevent projects from completely disregarding local standards while easing some regulatory burdens. “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.”

The bills await Governor Gavin Newsom’s signature.