Several lawsuits are making their way through the California courts challenging the state's enforcement of builder's remedy, which fast-tracks new housing projects by enabling developers to go around zoning officials in cities who haven't had their long-term plans for new housing approved by the state.
These legal challenges are seeking to block builder's remedy housing projects, restoring a city's right to reject them, but soon they may be joined by a case that flips this script:
San Jose, which a week ago had its eight-year housing element plan approved by California's Department of Housing and Community Development (HCD), has wasted no time in pushing back against developers it is accusing of downsizing approved housing projects by improperly invoking builder's remedy.
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