Those Bay Area cities/towns that have a state-approved plan to meet their homebuilding goals, may resort to a little-known proviso in the state building law known as the “builder’s remedy” which allows developers to build projects of almost any size as long as a portion includes affordable units.

Cities have until January 31, 2023 to get their plans approved but so far only two in the Bay Area- Aameda and Emeryville – have secured approval.

Currently, the Bay Area is responsible for adding 441,000 homes – and increase of 15 percent in the number of total homes. The state is threatening to level fines, withholding housing funding, and limiting permitting authority to those areas that do not meet the requirements.

Will high-rise apartments be the result?