Environmental Law

Envt'l Law News VOLUME 32, NUMBER 2, FALL/WINTER 2023

A TIME TO BUILD? HOW HOUSING ELEMENT LAW REFORM AND THE BUILDER’S REMEDY ARE IMPACTING HOUSING PRODUCTION IN CALIFORNIA

AUTHORS

Justin A. Zucker1

Alex Klein2

Well into the state’s sixth housing element cycle, Californians have become increasingly aware of the Housing Element Law and a penalty allowing bypassing of local land use control known as the "Builder’s Remedy."3 The Housing Element Law is California’s primary vehicle for coordinating residential growth among the state’s 539 jurisdictions.4 Despite its lofty ambition, however, the Housing Element Law has historically done little to develop needed housing, functioning largely as a box-checking exercise for many local governments.

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