January 22, 2025
Lola Smallwood-Cuevas, State Senator
Isaac Bryan, Assemblymember
Re: Request for Legislation to Suspend Application of “Builder’s Remedy” (Housing Accountability Act)
Dear Senator Smallwood-Cuevas and Assemblymember Bryan:
The Del Rey Residents Association has an urgent request for you as Del Rey’s representatives in our California Legislature. As residents of the City of Los Angeles we need a bill enacted that will suspend application of the “Builder’s Remedy” for any local jurisdiction that has a 2021-2029 Housing Element that has been certified by the California Department of Housing and Community Development (“HCD”).
For the City of Los Angeles, the suspension must take effect before February 12, 2025. Otherwise, the rebuilding of our community may occur without the necessary planning that could help mitigate the impact of future wild fires on the City.
The Problem
The “Builder’s Remedy” arises from the Housing Accountability Act (Government Code Section 65589.5), and stated broadly, if a locality is deemed to have a noncompliant Housing Element, the locality will be compelled to approve a housing development,
The Los Angeles City Council adopted the 2021-2029 Housing Element on November 24, 2021, and it was certified by the HCD as fully compliant with state law on June 29, 2022. The City Council then needed to implement the Housing Element by adopting several new ordinances. While the HCD indicated approval of the proposed ordinances in November (https://clkrep.lacity.org/onlinedocs/2021/21-1230-S5_misc_11-18-24.pdf), the fires intervened (January 7, 2025 ff.) before the City Council could act. Thus, the HCD could decide that the City of Los Angeles no longer has a Housing Element that complies with state law.
This letter has been approved by our Board Members in accordance with our Association bylaws.
Very truly yours,
DEL REY RESIDENTS ASSOCIATION
By Elizabeth Campos Layne, President