I doubt this applies to cities that adopted their housing elements by the Jan 31 deadline and submitted them as revisions that are still pending review by the HCD.
I'm sure some of those will still eventually be judged out of compliance and builder's remedy may stand, but for now they're just pending review.
The cities that are likely to actually be subjected to builder's remedy (which will be challenged in court, which might cause delays for any developers trying to use it, but is still a useful bargaining chip) are those marked as "NEW CYCLE". Those cities did not prepare any housing permitting plan submission to the HCD at all by the deadline.
Yes the question is not whether the plans were deemed to be compliant, it is whether the plans were in fact compliant. The only clear-cut cases are where cities failed to even adopt a plan. Less clear are those cities that are vocally subverting state law. Even less clear are those cities with adopted plans that are marginally compliant, like Berkeley, which helps explain why Berkeley has so far not attracted any "builder's remedy" plans.
Yes but I think that's incorrect. I see no evidence of those recent HEs getting rejected. All the article is going on is a flag in the HCD database, not actual official communications with the cities. The cities I'm familiar with have received no such letters (yet).
I'm sure some of those will still eventually be judged out of compliance and builder's remedy may stand, but for now they're just pending review.
The cities that are likely to actually be subjected to builder's remedy (which will be challenged in court, which might cause delays for any developers trying to use it, but is still a useful bargaining chip) are those marked as "NEW CYCLE". Those cities did not prepare any housing permitting plan submission to the HCD at all by the deadline.
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