Land Use & Zoning
What is Pennsylvania's 'builder's remedy' and how does it affect municipalities that lack adequate affordable housing plans?
AA remedy allowing builders to sue subcontractors for construction defects
BA legal doctrine allowing developers to build affordable housing in municipalities that have failed to provide for their fair share of regional housing needs✓ Correct
CA state grant program funding affordable housing construction
DA PREC regulation exempting affordable housing projects from licensure requirements
Explanation
Pennsylvania's builder's remedy (derived from the Mount Laurel doctrine as applied in Pennsylvania) allows developers to seek court approval to build affordable housing in municipalities that have failed to provide their fair share of regional housing needs. Under the MPC, municipalities must plan and zone for all housing types, including affordable housing. The builder's remedy serves as a backstop to enforce this obligation.
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