Two years into the new Builder's Remedy era, only a handful of cases have been brought. But, it remains a point of intrigue and, arguably, had an outsized influence on how cities approach their housing elements.
Meanwhile, around the state, cities push back against builders remedy applications by saying builders remedy doesn't apply and applications are incomplete. And everybody is waiting for the outcome of the La Cañada Flintridge case.
In the latest ruling against a municipality, a Los Angeles judge said La Cañada Flintridge must move forward with a builder's remedy project because -- in his judgment -- the city did not have a compliant housing element when it refused to process the project. It's one of two lawsuits against the city on the same project.
Their project was denied even though they asserted the builder's remedy. The lawsuit sets up a legal battle over whether cities can get out from under the builder's remedy by self-certifying their housing element.
Both cities claim that their Housing Elements are compliant, even though HCD has not yet approved them. Sonoma also claimed an apartment proposals application was deficient.
Five of the 12 Bay Area jurisdictions sued over non-compliant housing elements are in Santa Clara and San Mateo Counties. Meanwhile, Builder's Remedy applications begin to pop up.
Coming just days after the region's RHNA deadline the lawsuits suggest pitched battle ahead over the Bay Area's housing targets -- and maybe even a Builder's Remedy battle or two.
