The builder's remedy is a legal mechanism in the United States that can be used in certain states to expedite the construction of low or middle income housing when a municipality fails to comply with laws related to housing development. Typically, where a municipality fails to comply with state laws regarding the development of new housing, the builder's remedy either allows a developer to bypass or ignore nearly all of the municipality's zoning laws and begin construction on a development in an expedited manner or provides the developer with a legal remedy that can be enforced in court or through an administrative process. Builder's remedy projects are increasingly common in California, where new state laws have been passed to force local municipalities to approve additional housing to address the ongoing California housing shortage. Massachusetts and New Jersey also employ a form of the builder's remedy as well.
Beginning in the 1970s and 1980s, residents in certain communities began opposing new housing developments. These residents, often referred to as NIMBYs, argued that construction of new housing would change the character of existing neighborhoods, overburden existing infrastructure, and/or negatively impact the value of existing homes. In response to these concerns, local politicians in these communities would often use local zoning laws to block or delay the construction of new housing in an effort to appease existing residents. However, in blocking or delaying the construction of new housing, these efforts often resulted in a shortage of housing, prompting state-level politicians to seek remedies that would increase the overall supply of housing. [1] [2]
In 1990, California amended the Housing Accountability Act (HAA, passed a decade before that) which created the state's builder's remedy process. Under the HAA, if a local municipality is not in compliance with California's housing development goals, developers are authorized to bypass that municipality's zoning laws so long as the new housing development contains at least 20% low-income housing or 100% middle-income housing. [3] [4]
Despite high hopes for the HAA, initial adoption of the builder's remedy was limited. [5] In the late 2010s however, California passed a series of housing laws, including the Housing Crisis Act of 2019 (SB 330), intended to increase the use of the builder's remedy and provide greater impact to pro-housing laws such as the HAA. [6]
By the early 2020s, multiple large municipalities in California found themselves out of compliance with California's housing development goals. For the first time, developers began using the builder's remedy to seek approval of numerous new housing developments. First example of using Builder's Remedy can be seen in Los Angeles where a developer filed for a Builder's Remedy project to build 40 townhomes in June 2022 when the City of Los Angeles failed the compliance of Housing Element. [6] Similarly, Santa Monica failed to pass a compliant housing development plan, developers employed the builder's remedy to move forward with the construction of approximately 4,000 new housing units spread across 12 new development sites. [7] Likewise, after initially being blocked by the City of Redondo Beach, developers there took advantage of the builder's remedy to move forward with the construction of approximately 2,300 new housing units. [8] After Palo Alto failed to meet a deadline for passing a compliant housing development plan, developers there announced that they would also be moving forward with new projects without seeking further approvals from local authorities. [9]
In 1975, the New Jersey Supreme Court held that municipalities in the state had an obligation under the New Jersey State Constitution to provide for realistic opportunities for the construction of affordable housing in their community. [10] In furtherance of this obligation, where a municipality fails to allow such realistic opportunities, an interested developer can file a lawsuit against the municipality seeking authorization to proceed with their intended development without regard to any local zoning rules that might prohibit or impede the construction. [11]
In 1969, Massachusetts passed the Low and Moderate Income Housing Act, which created that state's builder's remedy. Referred to as "Chapter 40B", this law entitles developers of low-income housing to an expedited review period before any local zoning authorities. In the event the developer's application is denied by the local zoning authority, the law allows the developer to appeal the ruling to a state-level board that can reverse the local zoning authority's determination. [12]
Smart growth is an urban planning and transportation theory that concentrates growth in compact walkable urban centers to avoid sprawl. It also advocates compact, transit-oriented, walkable, bicycle-friendly land use, including neighborhood schools, complete streets, and mixed-use development with a range of housing choices. The term "smart growth" is particularly used in North America. In Europe and particularly the UK, the terms "compact city", "urban densification" or "urban intensification" have often been used to describe similar concepts, which have influenced government planning policies in the UK, the Netherlands and several other European countries.
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use, they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development.
NIMBY, an acronym for the phrase "not in my back yard", is a characterization of opposition by residents to proposed developments in their local area, as well as support for strict land use regulations. It carries the connotation that such residents are only opposing the development because it is close to them and that they would tolerate or support it if it were built farther away. The residents are often called nimbys, and their viewpoint is called nimbyism. The opposite movement is known as YIMBY for "yes in my back yard".
The Low-Income Housing Tax Credit is a dollar-for-dollar tax credit in the United States for affordable housing investments. It was created under the Tax Reform Act of 1986 (TRA86) and gives incentives for the utilization of private equity in the development of affordable housing aimed at low-income Americans, with affordability restrictions on the properties expiring 15-30 years later. LIHTC accounts for the majority of all newly created affordable rental housing in the United States today. The maximum rent that can be charged for designated affordable units is based on Area Median Income (AMI), and over 50% of residents in LIHTC properties are considered Extremely Low-Income. The credits are also commonly called Section 42 credits in reference to the applicable section of the Internal Revenue Code. The tax credits are more attractive than tax deductions as the credits provide a dollar-for-dollar reduction in a taxpayer's federal income tax, whereas a tax deduction only provides a reduction in taxable income. The "passive loss rules" and similar tax changes made by TRA86 greatly reduced the value of tax credits and deductions to individual taxpayers. Less than 10% of current credit expenditures are claimed by individual investors.
A building code is a set of rules that specify the standards for constructed objects such as buildings and non-building structures. Buildings must conform to the code to obtain planning permission, usually from a local council. The main purpose of building codes is to protect public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures — for example, the building codes in many countries require engineers to consider the effects of soil liquefaction in the design of new buildings. The building code becomes law of a particular jurisdiction when formally enacted by the appropriate governmental or private authority.
Inclusionary zoning (IZ), also known as inclusionary housing, refers to municipal and county planning ordinances that require a given share of new construction to be affordable by people with low to moderate incomes. The term inclusionary zoning indicates that these ordinances seek to counter exclusionary zoning practices, which aim to exclude low-cost housing from a municipality through the zoning code. There are variations among different inclusionary zoning programs. Firstly, they can be mandatory or voluntary. Though voluntary programs exist, the great majority has been built as a result of local mandatory programmes requiring developers to include the affordable units in their developments. There are also variations among the set-aside requirements, affordability levels, and length of time the unit is deed-restricted as affordable housing. In order to encourage engagements in these zoning programs, developers are awarded with incentives for engaging in these programs, such as density bonus, expedited approval and fee waivers.
The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted for use as a base code standard by most jurisdictions in the United States. The IBC addresses both health and safety concerns for buildings based upon prescriptive and performance related requirements. The IBC is fully compatible with all other published ICC codes. The code provisions are intended to protect public health and safety while avoiding both unnecessary costs and preferential treatment of specific materials or methods of construction. The code is updated every three years.
The YIMBY movement is a pro-housing movement in contrast and opposition to the NIMBY phenomenon. The YIMBY position supports increasing the supply of housing within cities where housing costs have escalated to unaffordable levels. YIMBYs often seek rezoning that would allow denser housing to be produced or the repurposing of obsolete buildings, such as shopping malls, into housing. Some YIMBYs have also supported public-interest projects like clean energy or alternative transport.
The Mount Laurel doctrine is a significant judicial doctrine of the New Jersey State Constitution. The doctrine requires that municipalities use their zoning powers in an affirmative manner to provide a realistic opportunity for the production of housing affordable to low- and moderate-income households.
Robert Nathan Wilentz was Chief Justice of the New Jersey Supreme Court from 1979 to 1996, making him the longest-serving Chief Justice since the Supreme Court became New Jersey's highest court in 1948.
Secondary suites are self-contained apartments, cottages, or small residential units, that are located on a property that has a separate main, single-family home, duplex, or other residential unit. In some cases, the ADU or in-law is attached to the principal dwelling or is an entirely separate unit, located above a garage or in the backyard on the same property. In British English the term annex or granny annex is used instead. Reasons for wanting to add a secondary suite to a property may be to receive additional income, provide social and personal support to a family member, or obtain greater security.
In the United States, zoning includes various land use laws falling under the police power rights of state governments and local governments to exercise authority over privately owned real property. Zoning laws in major cities originated with the Los Angeles zoning ordinances of 1904 and the New York City 1916 Zoning Resolution. Early zoning regulations were in some cases motivated by racism and classism, particularly with regard to those mandating single-family housing. Zoning ordinances did not allow African-Americans moving into or using residences that were occupied by majority whites due to the fact that their presence would decrease the value of home. The constitutionality of zoning ordinances was upheld by the Supreme Court of the United States in Village of Euclid, Ohio v. Ambler Realty Co. in 1926.
Housing trust funds are established sources of funding for affordable housing construction and other related purposes created by governments in the United States (U.S.). Housing Trust Funds (HTF) began as a way of funding affordable housing in the late 1970s. Since then, elected government officials from all levels of government in the U.S. have established housing trust funds to support the construction, acquisition, and preservation of affordable housing and related services to meet the housing needs of low-income households. Ideally, HTFs are funded through dedicated revenues like real estate transfer taxes or document recording fees to ensure a steady stream of funding rather than being dependent on regular budget processes. As of 2016, 400 state, local and county trust funds existed across the U.S.
The Costa–Hawkins Rental Housing Act ("Costa–Hawkins") is a California state law, enacted in 1995, which places limits on municipal rent control ordinances. Costa–Hawkins preempts the field in two major ways. First, it prohibits cities from establishing rent control over certain kinds of residential units, e.g., single-family dwellings and condominiums, and newly constructed apartment units; these are deemed exempt. Second, it prohibits "vacancy control", also called "strict" rent control. The legislation was sponsored by Democratic Senator Jim Costa and Republican Assemblymember Phil Hawkins.
Starting in the 1990s, the city of San Francisco, and the surrounding San Francisco Bay Area have faced a serious housing shortage, such that by October 2015, San Francisco had the highest rents of any major US city. The nearby city of San Jose, had the fourth highest rents, and adjacent Oakland, had the sixth highest. Over the period April 2012 to December 2017, the median house price in most counties in the Bay Area nearly doubled. Late San Francisco mayor Ed Lee called the shortage a "housing crisis", and news reports stated that addressing the shortage was the mayor's "top priority". The Bay Area's housing shortage is related to the California housing shortage.
The Housing Accountability Act (HAA) is a California state law designed to promote infill development by speeding housing approvals. The Act was passed in 1982 in recognition that "the lack of housing, including emergency shelter, is a critical statewide problem," and has also been referred to as "the anti-NIMBY law." It empowers the State of California to limit the ability of local government to restrict the development of new housing. The Act was strengthened by its amendment in 2017.
Since about 1970, California has been experiencing an extended and increasing housing shortage, such that by 2018, California ranked 49th among the states of the U.S. in terms of housing units per resident. This shortage has been estimated to be 3-4 million housing units as of 2017. Experts say that California needs to double its current rate of housing production to keep up with expected population growth and prevent prices from further increasing, and needs to quadruple the current rate of housing production over the next seven years in order for prices and rents to decline.
California Senate Bill 35 is a statute streamlining housing construction in California counties and cities that fail to build enough housing to meet state mandated housing construction requirements. The bill was introduced to the California State Assembly by State Senator Scott Wiener (D-SF) on December 15, 2016. SB 35 aims to address the California housing shortage by increasing housing supply. The bill was signed into law on September 29, 2017 by Governor Jerry Brown as part of California’s 2017 Housing Package – a set of 15 bills that provide “an injection of new regulatory and financial resources” for cities.
Housing is a vital economic sector in the United States, contributing to 15% of the GDP. Owner-occupancy is commonplace; the majority own their home. For regional details, see also housing in the United States by state.
Single-family zoning is a type of planning restriction applied to certain residential zones in the United States and Canada in order to restrict development to only allow single-family detached homes. It disallows townhomes, duplexes, and multifamily housing (apartments) from being built on any plot of land with this zoning designation.
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