Legislation to Eliminate Barriers to Build More Housing and Reform Builder’s Remedy Passes Housing Committee

Sacramento, CA – The Assembly Housing and Community Development Committee passed Assembly Bill 1886, authored by Assemblymember David Alvarez (D –San Diego). This bill would clarify the intent of the Builder's Remedy by specifying that if a city or county fails to comply with state housing law as determined by the California Department of Housing and Community Development, a housing project can be accelerated with limited restrictions.

“Despite the current Builder's Remedy law, the lack of clarity in the law has stopped projects in cities that refuse to plan or build housing,” said Assemblymember David Alvarez. “This bill is written to provide certainty and clear up ambiguity. With AB 1886, it will be clear that the builder’s remedy can and should be used as intended to build more housing, including requiring 20% of affordable housing in cities that are not doing their part in solving the state’s housing crisis.”

In 1990, the Builder's Remedy was added to the Housing Accountability Act. It aimed to discourage cities from failing to build and meet the housing needs of their residents. However, for thirty years, use of the Builder's Remedy has been infrequent. The Builder’s Remedy allows homebuilders to move their housing projects with less red tape such as discretionary actions by local governments. These housing projects must include 20% of affordable housing units. There are various cities who are refusing to process the Builder’s Remedy applications due to the lack of clarity in the law that have led to legal battles.

“AB 1886 is a good government measure to clarify when a local housing element shall be considered to be in substantial compliance with state law and we thank Assemblymember Alvarez for bringing it forward." Michael Lane, State Policy Director – SPUR.

“With AB 1886, it will be clear that the builder’s remedy can and should be used as intended to build more housing in cities that are not doing their part in solving the state’s housing crisis,” concluded Assemblymember Alvarez.

AB 1886 will be heard next in Assembly Local Government Committee. Supporters of this bill include the California Building Industry Association (Co-Sponsor), Circulate San Diego, the San Diego Housing Federation and the Housing Action Coalition.