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ARTICLE · 12 SEPTEMBER 2024

California Legislature Passes Major Reforms For "Builder's Remedy" Projects

Holland & Knight
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With Assembly Bill (AB) 1893, the California Legislature expressly confirms the "Builder's Remedy" as an intended consequence of local governments' failure to adopt legally sufficient housing plans.

United StatesReal Estate and Construction
Daniel Golub
Daniel Golub
William E. Sterling
William E. Sterling
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If New Law Is Signed by Gov. Newsom, Current Builder's Remedy Projects Should Consider the Benefits and Drawbacks of Converting to "Builder's Remedy 2.0"

Highlights

  • With Assembly Bill (AB) 1893, the California Legislature expressly confirms the "Builder's Remedy" as an intended consequence of local governments' failure to adopt legally sufficient housing plans.
  • The law 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.

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