A little-known and rarely-used California measure added to the Housing Accountability Act in 1990 known as “builder’s remedy” has suddenly become the focus of developers looking to bypass typical zoning rules and build high-rise apartment projects. It’s because nearly half of California cities and counties don’t have a state-approved “housing element” which was required in Southern California back in 2021.

According to the Press Enterprise, nine SoCal cities have received 26 builder’s remedy applications in the past eight months, seeking to construct over 8,500 new residences. Two of the projects include a six-story apartment building in Orange and a 2,000-unit, 20-level complex in Santa Monica.

The key to the provision is low-income housing, which is what the builder’s remedy measure was designed for. Under the provision, cities and counties without a compliant housing element can’t deny housing projects where 20% of the units are set aside for low income residents, even if they don’t meet local zoning rules.

Cities like Santa Monica are now scrambling to find a solution while Huntington Beach is looking to outlaw builder’s remedy altogether, claiming it’s not subject to such laws.