Blogpost
2.4 minute read
September 23, 2025
Across California, the 7th Cycle Housing Element update is underway. For cities and counties, meeting certification deadlines is no longer optional—it’s essential to avoid one of the most significant threats to local planning authority: Builder’s Remedy.
What is Builder’s Remedy?
Builder’s Remedy is a provision of state housing law that activates when a jurisdiction’s Housing Element is not certified by the California Department of Housing and Community Development (HCD). It allows developers to bypass local zoning restrictions as long as their projects include a required share of affordable housing.
In practice, this means:
- Cities can lose control over height, density, and use restrictions.
- Large-scale projects may be approved even if they conflict with community plans.
- Local governments are left with limited tools to negotiate or influence outcomes.
This isn’t theoretical—multiple cities across California are already facing Builder’s Remedy applications after missing 6th Cycle deadlines.
During the 6th Cycle, several cities underestimated the time and effort required to achieve HCD certification. Some delayed starting their updates until too close to the deadline, leading to rushed drafts and repeated rounds of HCD comments. Others failed to conduct robust community engagement or adequately document site capacity, leaving their Housing Elements vulnerable to rejection. These missteps resulted in costly delays, loss of credibility with residents, and ultimately opened the door to Builder’s Remedy projects.
Why the 7th Cycle Raises the Stakes
The 7th Cycle brings stricter oversight and firm deadlines. Jurisdictions that don’t start early risk falling into a cycle of repeated HCD reviews, delays, and costly revisions. Once deadlines pass, Builder’s Remedy projects can move forward regardless of local opposition.
How to Avoid the Risk
Preventing Builder’s Remedy comes down to one thing: timely certification. The process requires careful coordination across several steps:
- Early Outreach – Build community input and address concerns up front.
- Draft & Comment – Release the Housing Element for review and refinement.
- HCD Review – Respond quickly to feedback and minimize resubmittals.
- Certification – Secure approval before deadlines to protect local control.
Starting at least 20 months in advance is the best way to stay ahead of the curve and avoid repeating the struggles seen in the 6th Cycle.
How Harris Helps Jurisdictions Stay Protected
Harris & Associates partners with agencies to deliver Housing Elements that are not only compliant, but defensible. Our services include:
- Strategic Housing Policy Guidance – Clear pathways to timely certification.
- In-House Environmental Expertise – Streamlined CEQA analysis for efficiency.
- Community Engagement – Building consensus and reducing opposition.
- Proven Track Record – Success in guiding cities and counties through Housing Element cycles.
The Bottom Line
The 7th Cycle is here, and Builder’s Remedy is already changing the landscape in communities that missed deadlines. Don’t let your city lose control of its future.
Partner with Harris & Associates today to safeguard your Housing Element, protect local decision-making, and keep Builder’s Remedy out of your community.
