- A Los Angeles Superior Court judge ruled that Beverly Hills must consider plans for a 19-story apartment-hotel tower proposed by developer Leo Pustilnikov under the state’s “builder’s remedy” housing law.
- The development at 125-129 South Linden Drive would be the tallest building in Beverly Hills, featuring 165 apartments — 33 of them affordable — and a 73-room hotel.
- The city previously rejected the application, citing procedural issues, but the judge found that Beverly Hills must still process the project because it was filed while the city’s housing plan was out of compliance with state mandates.
Beverly Hills Faces Legal Setback On High-Rise Proposal
A Los Angeles County judge has issued an order to the City of Beverly Hills, reports Commercial Observer. The city must move forward with reviewing a controversial high-rise development at 125-129 South Linden Drive. The project could set the stage for the tallest building in the city’s history.
The 19-story mixed-use project is proposed by developer Leo Pustilnikov. It would include 165 residential units, 33 of which are designated for low-income residents. The plan also calls for a 73-room hotel just south of Wilshire Boulevard.
Get Smarter about what matters in CRE
Stay ahead of trends in commercial real estate with CRE Daily – the free newsletter delivering everything you need to start your day in just 5-minutes
Builder’s Remedy In Action
The proposal relies on California’s “builder’s remedy” law. This law allows developers to bypass local zoning rules when cities are out of compliance with state-mandated housing targets. It applies when the project includes affordable housing. Pustilnikov submitted the application in 2023, during a period when Beverly Hills had not yet received state approval for its housing element.
Despite the timing, city officials attempted to block the project, citing concerns about changes to the original application — particularly the addition of the hotel component. But the judge’s ruling requires the city to process the application regardless, reaffirming the power of builder’s remedy provisions.
A Broader Strategy
Pustilnikov has leaned heavily into the builder’s remedy strategy, filing similar proposals in housing-constrained cities like Santa Monica and Redondo Beach. These jurisdictions, like Beverly Hills, have historically struggled to meet state housing production goals.
Why It Matters
If approved, the 19-story tower would be a record-setting development for Beverly Hills. It would also serve as a high-profile example of how developers are using builder’s remedy laws. These laws help push forward projects in affluent communities that are resistant to dense housing.
What’s Next
The project must now move through the formal entitlement process. While the city may still challenge or delay aspects of the proposal, the judge’s ruling clears a major hurdle — and signals that legal pressure will continue to shape housing outcomes across California.