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‘Godzilla Next Door’: How California Developers Gained New Leverage to Build More Homes

It’s hard to know just how many builder’s remedy projects have been filed across the state. YIMBY Law, a legal advocacy group that sues municipalities for failing to plan for or build enough housing, has a running count on its website of 46 projects, though its founder, Sonja Trauss, admits that it’s an imperfect tally.

Published

3 years ago

June 12, 2023

Oakland Post

Over the last two years, local governments across California have had to cobble together new housing plans that meet a statewide goal of 2.5 million new units by 2030.

By Ben Christopher
CalMatters

Late last fall, a Southern California developer dropped more than a dozen mammoth building proposals on the city of Santa Monica that were all but designed to get attention.

The numbers behind WS Communities’s salvo of proposals were dizzying: 14 residential highrises with a combined 4,260 units dotting the beachside city, including three buildings reaching 18 stories. All of the towers were bigger, denser and higher than anything permitted under the city’s zoning code.

City Councilmember Phil Brock attended a town hall shortly after the announcement and got an earful. A few of the highlights: “Godzilla next door,” “a monster in our midst” and “we’re going to never see the sun again.”

“‘Concerned’ would be putting it mildly,” Brock said of the vibe among the attendees. “A lot of them were freaked.”

As it turns out, freaking locals out may have been the point.

WS Communities put forward its not-so-modest proposal at a moment when it had extreme leverage over the city thanks to a new interpretation of a 33-year-old housing law. Santa Monica’s state-required housing plan had expired and its new plan had yet to be approved. According to the law, in that non-compliance window, developers can exploit the so-called builder’s remedy, in which they can build as much as they want wherever they want so long as at least 20% of the proposed units are set aside for lower income residents.

Over the last two years, local governments across California have had to cobble together new housing plans that meet a statewide goal of 2.5 million new units by 2030. At last count, 227 jurisdictions — home to nearly 12 million Californians, or about a third of the state population — still haven’t had their plans certified by state housing regulators, potentially opening them up to builder’s remedy projects.

That gives developers a valuable new bargaining chip.

WS Communities used its advantage in Santa Monica to broker a deal in which it agreed to rescind all but one of its 14 builder’s remedy projects in exchange for fast-tracked approval of 10 scaled-down versions.

“The builder’s remedy — the loss of zoning control, the ability of a developer to propose anything, Houston-style, whatever they want, no zoning regulations — that gets people’s attention,” said Dave Rand, the land-use attorney representing the WS Communities. “The builder’s remedy can be a strategic ploy in order to potentially leverage a third way.”

For the developer, the settlement — which still needs a final vote to fully be implemented — is a major win. But this use of a long-dormant law also represents a shift in the politics of housing in California, reflecting a new era of developer empowerment bolstered by the growing caucus of pro-building lawmakers in the Legislature.

“The old games of begging municipalities for a project and reducing the density to get there and kissing the ass of every councilmember and planning official and neighbor — that’s the old way of doing things,” said Rand. “Our spines are stiffening.”

Some of the projects, like those in Santa Monica, are towers with hundreds of units. Others are more modest apartment buildings. Whatever the total, Trauss said it represents a significant uptake for a novel legal strategy.

“There were a lot of naysayers who were like ‘it’s too risky,’ ‘nobody knows what’s gonna happen,’ ‘nobody’s gonna do it,’ blah, blah, blah,” she said. “I feel vindicated. You know, people are trying it.”

But counting just the units proposed under the law misses its broader impact, said UC Davis law professor Chris Elmendorf.

Multiple cities rushed forward their housing plans this year, with city attorneys, city planners and councilmembers warning that failure to do so before a state-imposed deadline could invite a building free-for-all.

“All the action is in negotiation in the shadow of the law,” said Elmendorf. The law “may result in a lot of other projects getting permitted that never would have been approved because the developer had this negotiating chip.”

Rediscovering the California builder’s remedy

If it’s possible for someone to unearth a forgotten law, Elmendorf can rightly claim to have excavated the builder’s remedy.

The Legislature added the provision to the government code in 1990, but no one used it for decades. In the one case Elmendorf found where someone tried — a homeowner in Albany, just north of Berkeley, who wanted to build a unit in his backyard in 1991 without adding a parking spot — local planners shot down the would-be builder.

Elmendorf stumbled upon the long-ignored policy 28 years later while researching East Coast laws that let developers circumvent zoning restrictions in cities short on affordable housing.

He started tweeting about it. He even dubbed the California law the “builder’s remedy,” borrowing the coinage from Massachusetts.

“I think it’s fair to say that people in California had forgotten about the builder’s remedy almost completely until I started asking about it on Twitter,” he said. ” I think those twitter threads led some people to say, ‘huh.'”

Among those who noticed: staff at the state Housing and Community Development department who began listing the “remedy” as a possible consequence of failing to plan for enough housing.

Why was the builder’s remedy largely forgotten? The text of the law is complicated and it’s only relevant once every eight years, when cities and counties are required to put together their housing plan. Plus, though it allows developers to ignore a city’s zoning code, it’s not clear that it exempts them from extensive environmental review, making the cost savings of using it uncertain.

But more importantly, up until recently, invoking the builder’s remedy — the regulatory equivalent of a declaration of war — was bad for business.

Historically, local governments have had sweeping discretion over what gets built within their borders, where and under what terms and conditions. Developers and their lawyers hoping to succeed in such a climate had to excel at what one land use attorney dubbed the art of “creative groveling.”

But in recent years, as the state’s housing shortage and resulting affordability crisis have grown more acute, lawmakers have passed a series of bills to take away some of that local control. In many cases, cities and counties are now required to approve certain types of housing, like duplexes, subsidized housing apartments and accessory dwelling units, as long as the developer checks the requisite boxes.

That’s all led some developers to rethink their approach to dealing with local governments — one that is less concerned with building bridges and isn’t so afraid to burn a few.

Santa Monica makes a deal

Santa Monica’s city council voted unanimously for the deal with WS Communities early last month — but grudgingly.

In exchange for the developer pulling its original proposals, the city agreed to a streamlined approval process for the new plans. The council also agreed to pass an ordinance to give the developer extra goodies on the 10 remaining projects.

If the city doesn’t pass the ordinance, according to the settlement, WS Communities has the right to revive the builder’s remedy for all 14 towers.

Councilmember Brock, elected in 2020 along with a slate of development-skeptics, was hardly a fan of the deal. But as he saw it, the prospect of a lengthy legal battle that the city’s attorney insisted Santa Monica would lose gave the council little choice. That didn’t make what Brock viewed as a hard-knuckle negotiating tactic any easier to swallow.

“I don’t believe for a minute that they ever planned to build all those projects,” he said.

Councilmember Caroline Torosis, who was elected last fall, laid the blame on the prior council for failing to pass a timely housing plan. Even so, she said the city had no choice but to reclaim control over its own land use from the developer.

“We were put in a difficult situation,” she said. “I think that this was absolutely the best negotiated settlement that we could have reached, but of course, they had leverage.”

Both Scott Walter, the president of WS, and Neil Shekhter, the founder of the parent company, NMS Properties, refused a request to be interviewed through their lawyer, Rand.

But in true property kingpin fashion, WS was able to flip these builder’s remedy proposals into things of even greater value: ironclad plans that it can build out quickly or sell to another developer.

“The builder’s remedy projects were anything but fast and certain,” said Rand. “This has been parlayed into something with absolute certainty and front-of-the-line treatment.”

Affluent California cities fight back

About an hour’s drive northeast of Santa Monica, the foothill suburb of La Canada Flintridge recently rejected a builder’s remedy application.

During a May 1 hearing, Mayor Keith Eich stressed the city was “not denying the project.” Instead, they were denying that the builder’s remedy itself even applied to the city.

The argument: The housing plan the council passed last October complies with state law. California’s Housing and Community Development department rejected that version of the plan and has yet to certify a new one. But La Canada’s city attorney, Adrian Guerra argued at the hearing that the agency’s required changes were minor enough to make the October plan “substantially” compliant.

That’s not how state regulators see it. In March, the housing department sent the city a letter of “technical assistance.”

“A local jurisdiction does not have the authority to determine that its adopted element is in substantial compliance,” the letter reads.

Not so, said Guerra: “The court would make that determination.”

A number of cities across the state have made that argument. Among them are Los Altos Hills and Sonoma. Beverly Hills is already fending off a lawsuit contending that the law applies to that city, though it recently rejected a builder’s remedy project on extensive technical grounds.

It’s a question that’s almost certain to end up in court. A recent California’s Fifth Circuit Court of Appeal ruling offers legal fodder to both sides.

The April opinion ruled against the state housing department’s certification of the City of Clovis’ housing plan. That’s a point for those arguing that the word of state regulators is not inviolate. But the ruling also noted that courts “generally” defer to the state agency unless its decision is “clearly erroneous or unauthorized.”

Down the coast, the City of Huntington Beach isn’t relying on such legal niceties. In March, the city council passed an ordinance banning all builder’s remedy projects under the argument that the law itself is invalid. Days later, the Newsom administration sued the city.

But in Santa Monica, city council members didn’t see much upside in pushing back.

“You can’t just fight a losing battle,” Brock said. “I think anybody who decides they’re gonna be an all star NIMBY is up for failure.”

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Marin City Public Housing Residents Demand a Voice in County’s Renovation Plans

Representation has been a continuous struggle for the Residents Council, she said in an interview with the Post News Group. In 2014, the tenants took the county to federal court over this issue, and prevailed, resulting in an MOU that was in effect from 2014 to 2024, said McLemore. “Now, they are not responding to our rightful requests to participate. They are not giving us a legal justification for their position.”

Published

3 days ago

May 10, 2026

Oakland Post

The largest housing complex in Marin County, Golden Gate Village residents are for predominantly Black and low-income. Courtesy image.

Tenants say the County of Marin is ignoring federal law requiring resident council participation

By Ken Epstein

Marin City public housing residents say the County is illegally depriving them of their rights to participate in renovation decisions that affect the future of their housing, raising deep concerns over whether the county ultimately will find a way to displace them.

According to regulations established by the U.S. Department of Housing and Urban Development (HUD), Marin City public housing residents have the right to organize, elect resident councils, and hold public housing agencies accountable for involving them in management decisions.

Without resident participation, the Board of Housing Commissioners, made up of the five Marin County Board of Supervisors and two resident comissioners, has approved a $226 million project. The plan calls for renovation of the 296 units in Golden Gate Village (GGV) and focuses on interior improvements. The project is scheduled to start in July.

Residents’ concerns have a long history, said Royce McLemore, president of the Golden Gate Village Residents Council and a 50-year resident of Marin City,

With no current MOU mandating training and participation of residents, the legal basis for all the redevelopment decisions made by the county since 2024 is questionable, said Terrie Green, executive director of Marin City Climate Resilience. “We are experiencing voicelessness. If residents had a voice, we wouldn’t be where we are today,” she said.

County decisions include a plan, in line with federal regulations, to convert GGV from public housing to a public-private enterprise that allows for private investment. The Marin Housing Authority has created a limited partnership that includes Burbank Housing – which will renovate the units and manage the property – and Wells Fargo Bank, the investor.

This change in federal policy regarding public housing, which includes a shift to a Section-8 voucher system, has resulted in gentrification across the country, particularly affecting African Americans in cities such as San Francisco.

Shifts in criteria of what is considered affordable could also end up pricing residents out of their living units. At present, low income in Marin County is officially considered $156,000. But the median household income in Marin City is significantly lower at $68,846.

Damian Morgan, a community advocate with Marin City Climate Resilience, questioned why the county is renovating apartments without fixing toxic infrastructure that is impacting the lives of people in GGV.

Morgan said tenants have filed a class action lawsuit because of unsafe conditions at Golden Gate Village.

Residents are also concerned that the County still does not have an adequate family plan for temporary displacement while their apartments are being renovated. Although the County has suggested other community apartments as alternatives, nothing concrete has developed except vacant public housing units that have the same toxic conditions, such as mold and mildew.

Green said it doesn’t make sense. “…Why are we moving people around into temporary housing that’s uninhabitable, when you should be dealing first with the infrastructure, the foundational work, replacing old and rusted water pipes and new sewers.”

Morgan questions the County’s motivation for neglecting infrastructure repairs. “They’re remodeling the units but leaving the decayed infrastructure in place. I feel like they’re just setting this up for it to fail.”

“What slowed it down a little is that GGV is a historic preservation district, but I think what they’re striving for is demolition by neglect,” he said. “The neglect has always been on their part.”

Architect Ora Hatheway said her concern is about cutting corners. “You have to deal with the land issues. You have to deal with grading and drainage, and that’s being brushed under the rug.”

In an interview with KGO TV, Marin County Supervisor Stephanie Moulton-Peters responded to some of these concerns. She said residents are guaranteed the right to return to their homes.

“This is a concern that we take seriously,” she said. “Every resident will move back into their own unit, and we’ve given this to them in writing. Before they leave their unit, we will sign a document together that guarantees their right to return.”

In response to residents who feel left out of the planning process, she said community input has focused on those affected by the first phase of the project. “So other residents may not have heard quite as much or felt like they had as much contact. But if there are residents who have concerns, we’re happy to hear from them. You can contact my office or the housing authority directly,” she said.

While County leaders may be giving some updates to some tenants, they are not sitting at the table with the Residents Council nor giving residents a voice in decision-making, said McLemore.

Without a voice in decisions, tenants are worried that Black people may be forced out of public housing, resulting in gentrification, she said in an interview with ABC 7. It’s still paternalistic, she said. “It’s still that ‘We know what’s best for you.’’’

Several years ago, the Residents Council proposed a land trust plan that would give tenants homeownership rights. Though the plan had broad support throughout the county, it was rejected by the Board of Supervisors

In the final analysis, Green said, for Marin City tenants the fight is not just for decent housing but to maintain their community with dignity under conditions of mutual respect.

“We’re talking about people who came here to work in the shipyards during World War II to bring about peace and safety to this country,” she said. “Look at the discrimination we’ve faced down through the years. Look at the life-span issue of Marin City folks – almost 20 years less than the rest of the County.”

“We want educational equity so our children will have decent schools. We need a land trust, property ownership, so we can have wealth creation. Marin City needs the same quality of life as other communities in Marin County.”

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Oakland Post: Week of May 6 – 12, 2026

The printed Weekly Edition of the Oakland Post: Week of may 6 – 12, 2026

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3 days ago

May 10, 2026

Oakland Post

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On the Frontlines of Hate: NAACP Links Victims to Critical Support

The NAACP CA/HI has a long and well-established record of supporting victims of discrimination and hate crimes — providing critical referrals and, when necessary, direct assistance through legal advocacy and other forms of support. Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Published

2 weeks ago

May 1, 2026

Oakland Post

NAACP members at a recent advocacy day in Sacramento urging lawmakers to protect voting rights. Photo courtesy of California Black Media.

By Joe Kocurek
California Black Media

The California/Hawaii State Conference of the NAACP (CA/HI NAACP) has expanded its efforts to respond to rising hate incidents and civil rights complaints across California, supported in part by funding from California’s Stop the Hate Program

Through that grant, NAACP CA/HI has strengthened its ability to connect individuals experiencing hate or discrimination with critical resources. This includes referring those who file complaints to the CA vs Hate hotline, a statewide, non-emergency hate crime and incident reporting hotline and online portal created to help counter a more than 50% increase in reported hate crimes in California between 2020 and 2024. The system helps ensure incidents are documented, and victims are guided toward appropriate support.

LaJuana Bivens says the work of NAACP is as urgent as ever. Photo by Regina Wilson, California Black Media.

LaJuana Bivens, who has served in a number of roles within the NAACP, said California has seen an increase in civil rights violations and hate-related incidents.

“We have 52 branches, and they are constantly receiving complaints,” she said. “So, without the Stop the Hate, we would not be able to refer those cases up to attorneys at the state level. A lot of the people would not have had an opportunity to be heard.”

Carmen-Nicole Cox helps survivors of hate with their legal options. Photo courtesy of Carmen-Nicole Cox.

Carmen-Nicole Cox, an attorney who works with NAACP CA/HI – as a part of California’s Stop the Hate Program – provides legal consultation to victims of hate incidents and discrimination through her legal practice, the Cox Firm for Law and Policy.

She said the complaints she receives span a wide range of issues.

“People are having home builders and landlords refusing to provide repairs, a student was denied promotion in an academic program, and targeted scrutiny at work,” she said. “It’s typically employment; it’s housing; it’s education.

“We’ll meet and they’ll share their experiences,” she said. “And then I make assessments about possible legal claims.”

According to the California Civil Rights Department (CRD), nearly 1,200 reports of hate against minority groups were submitted in 2024 through the CA vs Hate hotline and online portal for non-emergency incidents.

While the California/Hawaii State Conference of the NAACP, which has tens of thousands of members, does not directly investigate hate incidents or crimes, it plays a key role in connecting victims to the state’s reporting systems and support services.

Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Bivens recently traveled to Sacramento to speak with state lawmakers about voting rights during an advocacy day event hosted by the organization.

“It’s just so hard for communities of color to be up to date because of all of the confusing information coming from the federal level,” she said. “I love our great state of California because here it is possible to vote by mail and to vote early.

“And I’m seeing that trying to be eroded. So, I’m here to urge continued support for vote by mail and early voting.”

When Texas moved to redraw congressional districts in ways critics said would dilute minority voting strength, NAACP CA/HI supported the passage of Proposition 50 in California. The organization also intervened in United States v. Shirley Weber, where federal officials sought access to unredacted California voter records, including Social Security numbers, raising concerns about misuse and voter intimidation.

Cultivating the advocacy and leaderships of young people is central to NAACP’s mission to fight racism and dismantle inequality. Photo courtesy of California Black Media.

A federal district court dismissed that case in January 2026.

The organization’s current work builds on a long history of civil rights advocacy. Today, Bivens says, the organization’s mission remains as urgent as ever.

“We are the oldest, boldest, most feared Civil Rights organization,” Bivens said. “What we do every day is fight for better housing, education, economic development and political inclusion. We take it on because there are just so many people who need that support.

“You would be amazed that our phones ring every single day.”

Get Support After Hate:

California vs Hate is a non-emergency, multilingual hotline and online portal offering confidential support for hate crimes and incidents. Victims and witnesses can get help anonymously by calling 833-8-NO-HATE (833-866-4283), Monday to Friday, 9 a.m.–6 p.m. PT, or online at any time. Anonymous. Confidential. No Police. No ICE.

This story was produced in partnership with CA vs Hate. Join them for the first-ever CA Civil Rights Summit on May 11. More information at www.cavshate.org/summit.

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