April 17, 2026

Cupertino Rejects Lawsuit-Driven Reconsideration of Mary Avenue

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A legal challenge attempted to delay the Mary Avenue Villas project, but Cupertino City Council stood firm. Here’s how this deeply affordable development stayed on track.

Earlier this month, the Cupertino City Council considered whether to revisit its prior approval of the Mary Avenue Villas project following a lawsuit filed by a group of residents. SV@Home and partners spoke in support of staff’s recommendation to deny reconsideration, emphasizing the need for a consistent and reliable approval process so that much-needed housing can move forward. While the lawsuit raised concerns about the approval process, it ultimately sought to delay a project that has already undergone years of review and community engagement. At a time when housing production is already challenging, reopening approved projects risks undermining certainty for developers, complicating financing timelines, and setting a precedent that could delay future housing efforts.

Mary Avenue Villas, led by Charities Housing, is a 40-home, 100% affordable development serving extremely low, very low, and low-income households, including 19 homes dedicated to individuals with intellectual and developmental disabilities. Located on a Housing Element priority site near transit and services, the project represents a critical investment in inclusive, community-based housing. Following deliberation, Council voted 4–1 to deny the reconsideration request, allowing the project to proceed. We’re grateful to the council members who upheld staff’s recommendation and supported moving this important development forward.

Stay engaged in local housing decisions and support efforts that ensure affordable housing projects can move forward without unnecessary delays.