Identifying Regulatory Barriers to Housing Supply Act
The Identifying Regulatory Barriers to Housing Supply Act would add a new reporting requirement to the Housing and Community Development Act of 1974 for certain HUD grantees. Before receiving a HUD grant in a given fiscal year, eligible recipients (states and units of local government that receive certain Community Development Block Grant funds) must prepare and submit, at least once in the prior five years, a standardized plan describing how they track and plan to reduce “overly burdensome” land use policies. The plan covers a broad list of land-use policies (e.g., allowing multifamily development in more places, allowing accessory dwelling units, streamlining permitting, reducing parking requirements, density bonuses, transit-oriented development, and other zoning reforms). The plan is informational and not binding on grant decisions, and the information cannot be used for enforcement. The measure would take effect one year after enactment. In short, the bill creates a formal, periodic self-assessment by local governments and states of whether and how their land-use policies may hinder housing production, with the goal of encouraging reform to expand housing supply and affordability.
Key Points
- 1New requirement: HUD Title I grantees must prepare and submit, at least once every five years, a standardized “Plan To Track and Reduce Overly Burdensome Land Use Policies” before receiving a grant for the upcoming year.
- 2Scope of policies: The plan covers a broad set of land-use policies, including expanding by-right multifamily zones, allowing various forms of duplexes/triplexes/fourplexes, permitting manufactured homes, permitting multifamily in non-residential zones, streamlining permitting, reducing parking requirements, adjusting impact and utility fees, enabling off-site construction, allowing ADUs, density bonuses, higher height limits, density-focused zoning, transferability of office space to housing, and more—plus a catch-all category for other high-density zoning policies the recipient reports.
- 3What the plan must describe: For each applicable policy, the plan must state (A) whether the policy has already been adopted in the prior five years, (B) the recipient’s plan to adopt/implement the policy, and (C) how adopting the policy would benefit the jurisdiction.
- 4Non-binding and enforcement protections: Submitting a plan is not binding on how funds are spent, and cannot be used as the basis for enforcement actions. Acceptance or non-acceptance of the plan does not constitute endorsement or approval.
- 5Pre-grant condition: The plan must be prepared before receiving a grant under specific sections of the 106 program; the requirement takes effect one year after enactment and applies to relevant recipients before, on, or after that date.
- 6Policy objective: The bill frames the effort as reducing regulatory barriers to housing and aligning with the broader goal of making housing more affordable, while supporting the original purpose of the CDBG program.