The California Association of Realtors’ nonprofit housing group, Californians for Homeownership, has never been shy about going the legal route in the name of housing and the group’s latest target appears to be Beverly Hills. In its second lawsuit against the city, the group alleges that Beverly Hills illegally rejected plan to build 165 new residential units.
This is Californians for Homeownership’s first lawsuit filed under the so-called “builder’s remedy,” a provision that requires the approval of mixed-income projects in cities that have violated state housing element law, such as Beverly Hills. Filed immediately after the city’s June 27 city council meeting, the new lawsuit seeks a court order approving the project.
“Californians for Homeownership continues to lead the way in enforcing state housing laws in the courts,” said CAR President Melanie Barker. “It is critical that cities like Beverly Hills do their part in addressing the state’s housing crisis, and this new case will help ensure that they do.”
The project rejected by Beverly Hills is a mixed-use development proposed for a vacant lot on Linden Drive. Of the 165 residential units, 33 would be reserved for lower-income households.
According to a CAR press release, the project is one of several “builder’s remedy” proposals in Beverly Hills, most of which seek to develop vacant or nearly vacant lots in existing high-density commercial corridors.
Californians for Homeownership argues that, as state law has increasingly made it illegal for local agencies to reject housing development projects, cities have turned to alternative approaches to prevent the construction of new housing. In this case, the group alleges that the city of Beverly Hills refused to acknowledge the completeness of the developer’s application, ensuring that the city would never be forced to make a formal decision on the project.
No word from city officials on this latest legal move.
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