Housing Element Lawsuits

We are suing Cupertino ... Martinez... Palo Alto... Pleasant Hill ...Who is next?

We are suing
Cupertino ... Martinez... Palo Alto... Pleasant Hill ...
Who is next?

CalHDF has allied with YIMBY Law and Californians for Homeownership to hold Bay Area cities and counties accountable to state housing element law. By January 3, 2023, 12 total lawsuits had been filed across the Bay Area, with each municipality being sued by one or two of the allied organizations. Read our announcement.


As of June 2023, only 59% of California’s 539 jurisdictions have compliant housing elements.

What happens if you're out of compliance?


Possible consequences include:
  • Streamlined Ministerial Approval Process including the Builder’s Remedy
  • Legal Suits and Attorney Fees
  • Loss of Permitting Authority
  • Financial Penalties
  • Court Receivership
  • Loss of eligibility for state and federal funds

[Read more]

What is the Builder's Remedy?


  • A mechanism established by the Housing Accountability Act (HAA)
  • Effective in all jurisdictions without compliant housing elements (regardless of zoning standards)
  • Requires cities to approve any proposed housing development with either 20% low income homes, or 100% moderate income homes

[Read more]