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ARTICLE · 25 OCTOBER 2022

"Builder's Remedy": Bay Area Will Soon Face A Powerful Housing Tool

Holland & Knight
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As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments,...

United StatesReal Estate and Construction
Deborah Brundy
Deborah Brundy
Ryan Michael Leaderman
Ryan Michael Leaderman
Tamsen Plume
Tamsen Plume
William E. Sterling
William E. Sterling
Genna Yarkin
Genna Yarkin
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Highlights

  • As the Jan. 21, 2023, statutory deadline to submit compliant housing elements for the 6th Regional Housing Need Assessment (RHNA) Cycle looms over Bay Area governments, all eyes are on the penalties associated with missing the deadline.
  • Several jurisdictions have disputed whether they are afforded a 120-day "grace period" or whether one penalty in particular, colloquially known as "Builder's Remedy," kicks in as of the deadline for compliance.
  • Builder's Remedy is a housing development streamlining tool that provides developers the option to file an application for a housing development project with at least 20 percent affordable housing that is not in conformance with a jurisdiction's zoning or General Plan.

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