Berkeley City Council approves housing developments that sidestep labor standards

The council reluctantly allowed two high-rise projects to bypass local union-backed requirements for worker health care and apprenticeship programs.

Published on Feb. 24, 2026

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The Berkeley City Council has approved two proposed high-rise housing developments that are using a state law to sidestep local labor standards mandating health care coverage and apprenticeship programs for construction workers. The council members said they were sympathetic to the appeals from labor groups, but felt they had no legal justification to deny the developers' requests for exemptions under California's density bonus law.

Why it matters

This case highlights the tension between the need for more housing development and the desire to protect worker rights and standards. The density bonus law was intended to incentivize affordable housing, but some argue developers are now abusing it to bypass local labor regulations. This could set a precedent for future projects in Berkeley and other cities.

The details

The council approved a 23-story project on University Avenue and a 20-story project on Durant Avenue, both of which claimed exemptions from Berkeley's 'HARD HATS' ordinance requiring health care and apprenticeship programs. Developers said complying would add millions in costs that could make the projects infeasible. Labor groups argued the density bonus law was meant for physical limitations, not labor standards, but the council felt it had to approve the exemptions to avoid costly legal battles.

  • The Berkeley City Council approved the housing projects on Monday, February 24, 2026.
  • Berkeley's 'HARD HATS' ordinance mandating worker health care and apprenticeship programs was adopted in 2023.

The players

Collab Home

The developer of a 20-story housing project on Durant Avenue in Berkeley.

Laconia Development

The developer of a 23-story housing project on University Avenue in Berkeley.

Building and Construction Trades Council of Alameda County

A labor group that appealed the approval of the housing projects, arguing the developers were abusing the density bonus law.

Northern California Carpenters Regional Council

A labor group that appealed the approval of the housing projects, arguing the developers were abusing the density bonus law.

Jesse Arreguín

The state senator who led the push to pass Berkeley's 'HARD HATS' ordinance and is considering introducing legislation to amend the state density bonus law.

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What they’re saying

“I can afford to live in Berkeley, [which] I love, because I've been given these opportunities through apprenticeships, through a living wage, through health care.”

— Stephanie Lind, Carpenter (Berkeleyside)

“Allowing a developer to avoid a labor standards requirement will do the opposite.”

— Jolene Kramer, Attorney representing the carpenters' union (Berkeleyside)

“Approval, in this instance, is mandatory.”

— Todd Williams, Attorney for the developers (Berkeleyside)

What’s next

State Sen. Jesse Arreguín is considering introducing legislation to amend the state density bonus law to close the loophole that allowed the developers to bypass Berkeley's labor standards.

The takeaway

This case highlights the ongoing debate over how to balance the need for more housing development with the protection of worker rights and standards. The Berkeley City Council's decision to approve the projects despite their concerns sets a precedent that could impact future development projects in the city and beyond.