A developer has filed two new lawsuits against the city of Beverly Hills, alleging that its applications for Builder’s Remedy projects were unfairly denied. The nearly identical complaints, filed by 8800 Wilshire Associates, LP, and 8820 Wilshire Associates, LP, in Los Angeles Superior Court, argue that Beverly Hills violated California’s Housing Accountability Act (HAA) and Permit Streamlining Act (PSA) in rejecting the applications.
“Rather than coming to grips with the fact that petitioner’s project is subject to the HAA’s Builder’s Remedy, the city has engaged in a course of conduct that is riddled with violations of state housing law,” both lawsuits state.
The lawsuits challenge determinations made against proposed projects at 8800 and 8820 Wilshire Blvd. and seek to compel the city to approve the applications.
The complaints bring the total number of Builder’s Remedy lawsuits against the city to four.
In response to the two new lawsuits, Beverly Hills City Attorney Laurence Wiener told the Courier, “We are confident that the city has treated the projects appropriately. Unfortunately, these projects increased their building construction area by more than 20 percent which disqualifies the projects from the Builder’s Remedy process.”
The proposed developments on Wilshire Boulevard would stand side by side between Robertson Boulevard and Clark Drive. At 19 stories tall, each includes retail space and residential units. The 8800 Wilshire project proposes 139 units, 17 of which would be designated for affordable housing. The development at 8820 Wilshire seeks to build 134 units, 16 of which would be designated for affordable housing.
Preliminary applications for the projects were first submitted in December 2023. At that time, Beverly Hills did not have an approved housing element in place, allowing developers to apply for so-called Builder’s Remedy projects that sidestep certain local building and zoning codes in exchange for providing affordable units.
In September 2024, development applications were submitted. In response, the developer received two back-to-back letters from Beverly Hills stating that the applications were incomplete, and that the project no longer qualified for Builder’s Remedy due to alleged missed deadlines and changes made to each project’s plans.
In the lawsuits, the developer argues that the changed plans were within their rights under state law and municipal code, and that all paperwork was submitted in a timely manner.
The developer later resubmitted both applications and appealed the city’s determinations to no avail.
Ryan Leaderman, an attorney for the developer, said that the city violated state law that dictates the terms under which a Builder’s Remedy application can be denied.
“The statute … does not say you can’t change your project,” he said. “The city is reading in a requirement that doesn’t exist in the law.”
Builder’s Remedy projects have been a source of contention in Beverly Hills, with some residents and officials arguing that they are out of sync with other buildings in the city.
There are currently 14 Builder’s Remedy projects under review by the city, all of which are in various stages in the application process. Seven have received letters from the city notifying them that their applications are incomplete, and five are engaged in back-and-forth communication regarding the necessity of Environmental Impact Reviews.
In addition to the lawsuits regarding 8800 and 8820 Wilshire Blvd., the city is facing two complaints regarding its denial of a Builder’s Remedy project at 125-129 S. Linden Drive. Developers for that project are seeking to build a 19-story, mixed-use development with 165 dwelling units and a hotel.
Leaderman, who represents two other Builder’s Remedy projects whose applications have been denied, said that those are also “likely headed towards litigation.”
The city has not filed a response to either of the Wilshire Boulevard complaints. Both cases are set to go to court for trial setting conferences in early July.
