AB 1893
Builder's remedy changes to the Housing Accountability Act
Signed September 19, 2024 (Stats. 2024, ch. 268) and in effect since January 1, 2025, AB 1893 amended Gov. Code § 65589.5 to rewrite who qualifies for California's builder's remedy and to cap the density of those projects.
In Los Angeles: the builder's remedy is not open to new applications in the City of Los Angeles or unincorporated LA County, because HCD has found both housing elements in substantial compliance. It applies only where a city's housing element was out of compliance when the project's application was filed.
What AB 1893 Changed
Who Qualifies
A builder's remedy project must be 100% lower- or moderate-income, set aside at least 7% extremely low-, 10% very low- or 13% lower-income units, or be 10 or fewer units on a site under one acre at 10+ units per acre. Before 2025 the test was 20% lower-income or 100% moderate-income. A local inclusionary rule in effect on January 1, 2024 can still apply, capped at 20% of units (§ 65589.5(h)(3), (f)(6)(G)).
Density Limits
AB 1893 caps density before any density bonus at the greatest of 50% above the state's lower-income default density, three times the allowed density, or the housing element density, plus 35 units per acre near major transit, in very low vehicle travel areas or in high-resource tracts. Minimum densities apply, and sites abutting recent heavy industrial use are excluded (§ 65589.5(h)(11)).
What Cities Can't Do
Cities may apply only objective standards from a zone that allows the proposed density and unit type, and not in a way that makes the project infeasible. They cannot require a rezone or plan amendment, or add fees or requirements because a project is a builder's remedy project. Projects that qualify for a density bonus get two extra incentives or concessions (§ 65589.5(f)(6)).
Frequently Asked Questions
What is AB 1893?
AB 1893 (Wicks) is a California law from the 2023-24 session, Chapter 268 of the Statutes of 2024. The Governor signed it on September 19, 2024, and it took effect January 1, 2025. It amended Government Code section 65589.5, the Housing Accountability Act, and rewrote the builder's remedy. It defines which projects count as a "builder's remedy project," changes the affordability mix those projects must provide, caps their density, sets minimum densities, excludes sites next to recent heavy industrial use, and limits the standards a city can apply to them. It also broadens what counts as a city "disapproving" a housing project. A project deemed complete before January 1, 2025 can keep the rules in place when its preliminary application was submitted or, if it meets the new definition, opt into the new rules (Gov. Code § 65589.5(f)(7)). Section 65589.5 has been amended since, most recently by SB 838 (Stats. 2025, ch. 789, effective January 1, 2026), so rely on the current text. This is not the 2025-26 bill also numbered AB 1893, which concerns wildfire-prevention grants.
What is the builder's remedy?
The builder's remedy is a protection in the Housing Accountability Act (Gov. Code § 65589.5(d)(5)-(6)). If a city or county did not have a housing element in substantial compliance with state law on the date a project's application was deemed complete, it cannot deny a qualifying "builder's remedy project" because the project conflicts with local zoning or the general plan. "Deemed complete" means the date the preliminary application under Gov. Code § 65941.1 was submitted or, if none was filed, the date the complete application was submitted (§ 65589.5(h)(5)). A housing element counts as compliant only if HCD or a court had found it in substantial compliance by that date (Gov. Code § 65589.55, added by AB 1886, Stats. 2024, ch. 267). The city can still deny on the narrow grounds in § 65589.5(d)(2)-(4): a specific, unavoidable public health or safety impact, a conflict with specific state or federal law, or certain agricultural land or sites without adequate water or sewer service. The project is not automatically exempt from CEQA (§ 65589.5(e)).
Which projects qualify as a builder's remedy project since 2025?
Under Gov. Code § 65589.5(h)(11), as amended by AB 1893, a project qualifies only if all of these are true. (1) Affordability: it is 100% lower-income or 100% moderate-income, or at least 7% of units are for extremely low-income, 10% for very low-income or 13% for lower-income households, or it has 10 or fewer units on a site under one acre at a density of at least 10 units per acre. Affordable units must stay affordable for 55 years (rental) or 45 years (ownership) (§ 65589.5(h)(3)). Before 2025 the test was at least 20% lower-income or 100% moderate-income units. (2) Density cap: before any density bonus, the number of units is no more than the greatest of 50% above the density the state deems appropriate for lower-income housing in that jurisdiction (§ 65583.2(c)(3)(B); 45 units per acre where that figure is 30), three times the density allowed by the general plan, zoning or state law, or the density in the housing element. The cap rises by 35 units per acre if any part of the site is within half a mile of a major transit stop, in a very low vehicle travel area, or in a high or highest resource census tract. (3) Minimum density: on a site with a minimum density, the project meets that minimum within half a mile of a commuter or heavy rail station, and elsewhere meets the lower of the local minimum or half the state density figure above. (4) Industrial neighbors: the site does not abut a site where more than one-third of the square footage was used in the past three years for heavy industrial or Title V industrial use. A city can then apply only objective standards from a zone that allows the proposed density and unit type, and not in a way that makes the project infeasible (§ 65589.5(f)(6)).
Does the builder's remedy apply in Los Angeles?
Not to new applications in the City of Los Angeles or in unincorporated Los Angeles County. HCD found the City's 2021-2029 housing element in substantial compliance on June 29, 2022, and on June 18, 2025 found that the City's rezoning ordinances meet the element's Program 121 rezoning commitments. HCD found the County's housing element in substantial compliance on May 27, 2022. Compliance is measured on the date a project's preliminary application (or, if none, its complete application) was submitted (Gov. Code § 65589.55), so a new application in either jurisdiction cannot use the builder's remedy while that status holds. When we checked HCD's Housing Element Compliance Report on October 12, 2026, it listed every jurisdiction in Los Angeles County as in compliance except Compton. The builder's remedy matters only in cities without a compliant housing element, and HCD can revoke a finding, so check HCD's current report for the city where your site is.
Does a Brick Work report check for the builder's remedy?
No. The builder's remedy is not open to new applications in the City of Los Angeles or unincorporated Los Angeles County, so our reports don't analyze it. Brick Work's $250 report covers the zoning and California housing laws that do apply to up to 10 adjoining parcels under one base zone, delivered in 2 business days. Sites with more than one base zone, multiple overlays, or other advanced land-use diligence take the $500 Advanced report.
Sources
- AB 1893 (Wicks), Stats. 2024, ch. 268 (chaptered text and history)
- Gov. Code § 65589.5 (Housing Accountability Act; current text as amended by SB 838, Stats. 2025, ch. 789)
- Gov. Code § 65589.55 (when a housing element counts as compliant; added by AB 1886, Stats. 2024, ch. 267)
- Gov. Code § 65583.2 (default densities used in the builder's remedy density cap)
- HCD letter to the City of Los Angeles (June 18, 2025) and HCD Housing Element Review and Compliance Report
- HCD letter to the City of San José on AB 1893 and CEQA (February 7, 2025) and HCD Housing Accountability Act fact sheet (April 2026)
Last reviewed October 12, 2026.
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