II 

118TH CONGRESS 

2D SESSION S. 4460 

To reduce regulatory barriers to housing, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2024 

Mr. FETTERMAN introduced the following bill; which was read twice and 

referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To reduce regulatory barriers to housing, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reducing Regulatory 

5 Barriers to Housing Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) As of 2021 in the United States, there was 

9 an estimated housing shortage of 3,890,000 homes. 

10 This housing supply shortage has resulted in a 

11 record number of cost-burdened households across 


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1 regions and spanning the large and small cities, 

2 towns, and coastal and rural communities of the 

3 United States. 

4 (2) Several factors contribute to the under5 supply of housing in the United States, particularly 

6 workforce housing, including rising costs of con7 struction, a shortage of labor, supply chain disrup8 tions, and a lack of reliable funding sources. 

9 (3) Regulatory barriers at the State and local 

10 levels, such as zoning and land use regulations, also 

11 inhibit the creation of new housing to meet local and 

12 regional housing needs. 

13 (4) State and local governments are proactively 

14 exploring solutions for reforming regulatory barriers, 

15 but additional resources, data, and models are need16 ed to adequately address these challenges. 

17 (5) While land use regulation is the responsi18 bility of State and local governments, Federal sup19 port for necessary reforms is not a preemption of ex20 isting authority, and there is a need for the Federal 

21 Government to provide support and assistance to 

22 State and local governments that wish to undertake 

23 necessary reforms in a manner that fits their com24 munities’ needs. 


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1 (6) It is the policy of the United States to pro2 vide for fair housing throughout the country, and it 

3 is in the regional and national interest to have a 

4 supply of housing that is fair, affordable, adequate, 

5 and near opportunity. 

6 (7) Therefore, zoning ordinances or systems of 

7 land use regulation that have the intent or effect of 

8 restricting housing opportunities based on economic 

9 status or income without interests that are substan10 tial, legitimate, nondiscriminatory and that outweigh 

11 the regional need for housing are contrary to the re12 gional and national interest. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) ASSISTANT SECRETARY.—The term ‘‘Assist16 ant Secretary’’ means the Assistant Secretary for 

17 Policy Development and Research of the Depart18 ment of Housing and Urban Development. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Housing and Urban Development. 

21 SEC. 4. LAND USE AND PLANNING. 

22 (a) IN GENERAL.—Section 4 of the Department of 

23 Housing and Urban Development Act (42 U.S.C. 3533) 

24 is amended by adding at the end the following: 

25 ‘‘(i) LAND USE AND PLANNING.— 


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1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) AFFORDABLE HOUSING.—The term 

3 ‘affordable housing’ means housing for which 

4 the monthly payment is less than 30 percent of 

5 the monthly income of a household. 

6 ‘‘(B) LOCAL ZONING FRAMEWORK.—The 

7 term ‘local zoning framework’ means the local 

8 zoning codes and other ordinances, procedures, 

9 and policies governing zoning and land-use at 

10 the local level. 

11 ‘‘(C) STATE ZONING FRAMEWORK.—The 

12 term ‘State zoning framework’ means the State 

13 legislation or State agency and department pro14 cedures enabling local planning and zoning au15 thorities and establishing and guiding related 

16 policies and programs. 

17 ‘‘(D) UNIT OF GENERAL LOCAL GOVERN18 MENT.—The term ‘unit of general local govern19 ment’— 

20 ‘‘(i) has the meaning given the term 

21 in section 102 of the Housing and Commu22 nity Development Act of 1974 (42 U.S.C. 

23 5302); and 

24 ‘‘(ii) includes regional planning enti25 ties. 


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1 ‘‘(2) LAND USE AND PLANNING.—The Sec2 retary, acting through the Assistant Secretary, 

3 shall— 

4 ‘‘(A) provide technical assistance upon re5 quest to States and localities on zoning and 

6 planning to— 

7 ‘‘(i) eliminate discriminatory land use 

8 policies and reduce barriers to housing 

9 construction, including construction of 

10 housing attainable for low-income and 

11 moderate-income renters and homeowners; 

12 and 

13 ‘‘(ii) promote sustainable and resilient 

14 land development; 

15 ‘‘(B) work across the Department and with 

16 the Department of the Treasury, the Depart17 ment of Justice, the Department of Transpor18 tation, the Department of Agriculture, the De19 partment of Health and Human Services, the 

20 Environmental Protection Agency, the Depart21 ment of Energy, the Department of the Inte22 rior, and the Council on Environmental Quality 

23 to— 

24 ‘‘(i) coordinate efforts relating to or 

25 impacting housing development; and 


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1 ‘‘(ii) as relevant, streamline permit2 ting, including by aligning the imple3 menting procedures of those agencies 

4 under the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.) to 

6 promote housing production and transit7 oriented development; 

8 ‘‘(C) conduct, support, and disseminate re9 search on local zoning and planning measures 

10 to improve access to affordable housing and in11 crease housing supply across a range of urban, 

12 suburban, exurban, and rural communities, in13 cluding by establishing a research program to 

14 perform research, collect data, and evaluate— 

15 ‘‘(i) best practices in zoning and plan16 ning to expand opportunities for housing 

17 affordability and fair housing across a 

18 range of housing types, sizes, and afford19 ability; 

20 ‘‘(ii) the effects of land-use reform 

21 measures on— 

22 ‘‘(I) neighborhood, jurisdictional, 

23 and regional housing conditions; 

24 ‘‘(II) residential stability; and 


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1 ‘‘(III) access to affordable hous2 ing at all incomes levels; 

3 ‘‘(iii) methods of community engage4 ment to improve the public engagement 

5 process to reform land-use planning and 

6 regulatory practices; 

7 ‘‘(iv) systems and standards for data 

8 collection; and 

9 ‘‘(v) other topics related to zoning and 

10 planning as determined by the Secretary; 

11 and 

12 ‘‘(D) develop the necessary expertise and 

13 capacity within the Office to carry out this 

14 paragraph; and 

15 ‘‘(E) not preempt local zoning. 

16 ‘‘(3) GUIDELINES ON STATE ZONING FRAME17 WORKS.— 

18 ‘‘(A) ESTABLISHMENT.—Not later than 3 

19 years after the date of enactment of this sub20 section, the Assistant Secretary shall publish a 

21 document outlining guidelines and best prac22 tices for State zoning frameworks to support 

23 production of adequate housing to meet the 

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1 portunities for individuals at every income level 

2 across communities. 

3 ‘‘(B) CONSULTATION; PUBLIC COMMENT.— 

4 During the 1-year period beginning on the date 

5 of enactment of this subsection, in developing 

6 the guidelines and best practices required under 

7 subparagraph (A), the Assistant Secretary 

8 shall— 

9 ‘‘(i) publish draft guidelines in the 

10 Federal Register for public comment; and 

11 ‘‘(ii) establish a task force for the 

12 purpose of providing consultation with the 

13 Department of the draft guidelines pub14 lished under clause (i), the members of 

15 which shall include— 

16 ‘‘(I) planners and architects; 

17 ‘‘(II) advocates with experience 

18 in affordable housing, community de19 velopment efforts, and fair housing; 

20 ‘‘(III) housing developers, includ21 ing affordable and market-rate hous22 ing developers, manufactured housing 

23 developers, and other business inter24 ests; 


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1 ‘‘(IV) community engagement ex2 perts and community members im3 pacted by zoning decisions; 

4 ‘‘(V) public housing authorities 

5 and transit authorities; 

6 ‘‘(VI) members of local zoning 

7 and planning boards and local and re8 gional transportation planning organi9 zations; 

10 ‘‘(VII) State officials responsible 

11 for housing or land use, including 

12 members of State zoning boards of 

13 appeals; and 

14 ‘‘(VIII) academic researchers. 

15 ‘‘(C) CONTENTS.—The guidelines and best 

16 practices required under subparagraph (A) 

17 shall— 

18 ‘‘(i) outline potential models for up19 dated State enabling legislation or State 

20 agency and department procedures; 

21 ‘‘(ii) include recommendations regard22 ing— 

23 ‘‘(I) the reduction or elimination 

24 of parking minimums; 


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1 ‘‘(II) the increase in maximum 

2 floor area ratio requirements and 

3 maximum building heights and the re4 duction in minimum lot size and set5 back requirements; 

6 ‘‘(III) the elimination of restric7 tions against accessory dwelling units; 

8 ‘‘(IV) increasing by-right uses, 

9 including duplex, triplex, or quadplex 

10 buildings, across cities or metropolitan 

11 areas, including mechanisms, such as 

12 proximity to transit, to determine the 

13 jurisdictional level for rezoning and 

14 ensures development that does not 

15 disproportionately burden residents of 

16 economically distressed areas; 

17 ‘‘(V) provisions regarding review 

18 of by-right development proposals to 

19 streamline review and reduce uncer20 tainty, including non-discretionary, 

21 ministerial review; 

22 ‘‘(VI) the reduction of obstacles 

23 to a range of housing types at all lev24 els of affordability, including manu25 factured and modular housing; 


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1 ‘‘(VII) State model codes for di2 recting local reforms, including mech3 anisms to encourage adoption; 

4 ‘‘(VIII) provisions to encourage 

5 transit-oriented development, includ6 ing but not limited to, increased per7 missible units per structure and re8 duced minimum lot sizes near existing 

9 or planned public transit stations; 

10 ‘‘(IX) improvements to the public 

11 engagement processes, including— 

12 ‘‘(aa) meaningful access for 

13 limited English proficient persons 

14 and effective communication im15 provements for persons with dis16 abilities; 

17 ‘‘(bb) leveraging of virtual 

18 meeting technologies; and 

19 ‘‘(cc) proactive outreach in 

20 communities; 

21 ‘‘(X) the elimination of or re22 forms to protest petition statutes; 

23 ‘‘(XI) the standardization, reduc24 tion, or elimination of impact fees; 


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1 ‘‘(XII) the standardization of 

2 building codes; 

3 ‘‘(XIII) models for community 

4 benefit agreements; 

5 ‘‘(XIV) mechanisms to preserve 

6 affordability, limit disruption of low7 income communities, and prevent dis8 placement of existing residents; 

9 ‘‘(XV) a model for a State zoning 

10 appeals process, which would— 

11 ‘‘(aa) create a process for 

12 developers or builders requesting 

13 a variance, conditional use, or 

14 zoning district change or other15 wise petitioning a local zoning or 

16 planning board for a project in17 cluding a State-defined amount 

18 of affordable housing to appeal a 

19 rejection to a State body or re20 gional body empowered by the 

21 State; 

22 ‘‘(bb) establish qualifications 

23 for communities to be exempted 

24 from the appeals process based 


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1 on their available stock of afford2 able housing; and 

3 ‘‘(cc) establish a State zon4 ing appeals board to consider ap5 peals to a variance rejection and 

6 objectively evaluate petitions 

7 based on the potential for envi8 ronmental damage and 

9 infrastructural capacity; 

10 ‘‘(XVI) best practices on the dis11 position of land owned by State gov12 ernments for affordable housing devel13 opment; and 

14 ‘‘(XVII) other land use measures 

15 that promote access to new housing 

16 opportunities identified by the Sec17 retary; and 

18 ‘‘(iii) consider— 

19 ‘‘(I) local housing needs, includ20 ing ways to set and measure housing 

21 goals and targets; 

22 ‘‘(II) a range of affordability for 

23 rental units, with a prioritization of 

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1 come, low-income, and moderate-in2 come residents; 

3 ‘‘(III) a range of affordability for 

4 homeownership units attainable to 

5 low-income and moderate-income resi6 dents; 

7 ‘‘(IV) distinctions between States 

8 providing constitutional or statutory 

9 home rule authority to municipalities 

10 and States operating under the Dillon 

11 rule, as articulated in Hunter v. Pitts12 burgh, 207 U.S. 161 (1907); 

13 ‘‘(V) accountability measures; 

14 ‘‘(VI) the long-term cost to resi15 dents and businesses if more housing 

16 is not constructed; 

17 ‘‘(VII) barriers to individuals 

18 seeking to access affordable housing 

19 in growing communities and commu20 nities with economic opportunity; 

21 ‘‘(VIII) consistency with respect 

22 to fair housing and civil rights re23 quirements; 


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1 ‘‘(IX) coordination between infra2 structure investments and housing 

3 planning; 

4 ‘‘(X) statewide mechanisms to 

5 preserve existing affordability over the 

6 long term, including support for land 

7 banks and community land trusts; 

8 ‘‘(XI) guidance to States on col9 lecting and maintaining proactive data 

10 on the current rental housing market 

11 and rental registries; and 

12 ‘‘(XII) other considerations, as 

13 identified by the Secretary. 

14 ‘‘(4) STATE ZONING FRAMEWORKS.— 

15 ‘‘(A) IN GENERAL.—Not later than 180 

16 days after the date on which the Assistant Sec17 retary receives a request from a State for tech18 nical assistance, the Assistant Secretary may 

19 provide technical assistance to States that seek 

20 to adopt a State zoning framework that incor21 porates, in whole or in part, the guidelines and 

22 best practices described in paragraph (4). 

23 ‘‘(B) GUIDANCE.—In adopting a State 

24 zoning framework under subparagraph (A), the 

25 Assistant Secretary shall not provide technical 


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1 assistance to include measures the net effect of 

2 which would promote exclusionary zoning prac3 tices, restrict net production, or otherwise in4 crease barriers to housing construction. 

5 ‘‘(5) GUIDELINES ON LOCAL ZONING FRAME6 WORKS.— 

7 ‘‘(A) ESTABLISHMENT.—Not later than 3 

8 years after the date of enactment of this sub9 section, the Assistant Secretary shall publish 

10 best practices for local zoning frameworks using 

11 the same public comment and consultation 

12 process described in paragraph (3)(B) with re13 spect to State zoning frameworks. 

14 ‘‘(B) CONTENTS.—The best practices re15 quired under subparagraph (A) shall— 

16 ‘‘(i) include recommendations regard17 ing— 

18 ‘‘(I) the simplification and stand19 ardization of existing zoning codes; 

20 ‘‘(II) the reduction or elimination 

21 of parking minimums; 

22 ‘‘(III) the increase in maximum 

23 floor area ratio requirements and 

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1 duction in minimum lot size and set2 back requirements; 

3 ‘‘(IV) the elimination of restric4 tions against accessory dwelling units; 

5 ‘‘(V) increasing by-right uses, in6 cluding duplex, triplex, or quadplex 

7 buildings; 

8 ‘‘(VI) the reduction of obstacles 

9 to a range of housing types, including 

10 manufactured and modular housing; 

11 ‘‘(VII) provisions to encourage 

12 transit-oriented development, includ13 ing increased permissible units per 

14 structure and reduced minimum lot 

15 sizes near existing or planned public 

16 transit stations; 

17 ‘‘(VIII) improvements to the pub18 lic engagement processes, including— 

19 ‘‘(aa) meaningful access for 

20 limited English proficient persons 

21 and effective communication im22 provements for persons with dis23 abilities; 

24 ‘‘(bb) leveraging of virtual 

25 meeting technologies; and 


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1 ‘‘(cc) proactive outreach in 

2 communities; 

3 ‘‘(IX) provisions regarding review 

4 of by-right development proposals to 

5 streamline review and reduce uncer6 tainty, including non-discretionary, 

7 ministerial review; 

8 ‘‘(X) recommendations regarding 

9 maximum review timelines; 

10 ‘‘(XI) models for standardized 

11 community benefit agreements; 

12 ‘‘(XII) best practices on the dis13 position of land owned by local gov14 ernments and transit authorities for 

15 affordable housing development; 

16 ‘‘(XIII) mechanisms and incen17 tives to preserve affordability, limit 

18 disruption of low-income communities, 

19 and prevent or reduce displacement of 

20 existing residents; 

21 ‘‘(XIV) other regulatory reforms 

22 to increase housing construction and 

23 reduce housing costs; and 

24 ‘‘(XV) other land use measures 

25 that promote access to new housing 


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1 opportunities identified by the Sec2 retary; and 

3 ‘‘(ii) consider— 

4 ‘‘(I) local housing needs; 

5 ‘‘(II) a range of affordability for 

6 rental units, with a prioritization of 

7 units attainable to extremely low-in8 come, low-income, and moderate-in9 come residents; 

10 ‘‘(III) a range of affordability for 

11 homeownership units attainable to 

12 low- and moderate-income residents; 

13 ‘‘(IV) the long-term cost to resi14 dents and businesses if more housing 

15 is not constructed; 

16 ‘‘(V) barriers to accessing afford17 able housing in growing communities 

18 and communities with economic op19 portunities; and 

20 ‘‘(VI) other policies or methods, 

21 as identified by the Secretary. 

22 ‘‘(C) TECHNICAL ASSISTANCE.—Not later 

23 than 180 days after the date on which the As24 sistant Secretary receives a request for tech25 nical assistance from a local government or reVerDate Sep 11 2014 04:17 Jul 23, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4460.IS S4460

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1 gional planning entity, the Assistant Secretary 

2 may provide technical assistance to those enti3 ties seeking to rehaul, reform, or otherwise up4 date local zoning frameworks in line with the 

5 guidelines described in paragraph (3), including 

6 assisting in hosting community engagement ses7 sions. 

8 ‘‘(D) GUIDANCE.—In adopting a local zon9 ing framework in accordance with guidance 

10 issued under subparagraph (A), the Assistant 

11 Secretary shall not provide technical assistance 

12 to a local government or a regional planning en13 tity to include measures the net effect of which 

14 would promote exclusionary zoning practices, 

15 restrict net production, or otherwise increase 

16 barriers to housing construction. 

17 ‘‘(6) REPORTING.—Not later than 2 years after 

18 the date on which the Assistant Secretary publishes 

19 the guidelines and best practices described in para20 graphs (3) and (5), the Assistant Secretary shall 

21 submit to Congress a report describing— 

22 ‘‘(A) the States that have adopted a 

23 version of the guidelines and best practices, in24 cluding those that developed and adopted a 

25 State zoning framework; 


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1 ‘‘(B) the localities that have adopted a 

2 version of the guidelines; 

3 ‘‘(C) a summary of the modifications that 

4 each such State made in their State zoning 

5 framework; and 

6 ‘‘(D) a general summary of the types of 

7 updates localities have made to their local zon8 ing framework. 

9 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated 

11 $10,000,000 to carry out the technical assistance in 

12 paragraphs (4)(A) and (5)(C), and $10,000,000 to 

13 carry out this section, for each of fiscal years 2025 

14 through 2029.’’. 

15 (b) ABOLISHMENT OF REGULATORY BARRIERS

16 CLEARINGHOUSE.— 

17 (1) IN GENERAL.—The Regulatory Barriers 

18 Clearinghouse established pursuant to section 1205 

19 of the Housing and Community Development Act of 

20 1992 (42 U.S.C. 12705d) is abolished. 

21 (2) REPEAL.—Section 1205 of the Housing and 

22 Community Development Act of 1992 (42 U.S.C. 

23 12705d) is repealed. 


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1 SEC. 5. QUALIFIED ALLOCATION PLANS. 

2 The selection criteria under a qualified allocation 

3 plan under section 42 of the Internal Revenue Code of 

4 1986) shall not include consideration of— 

5 (1) any opposition with respect to the project 

6 from local or elected officials; or 

7 (2) any local government contribution to the 

8 project, except to the extent such contribution is 

9 taken into account as part of a broader consider10 ation of the project’s ability to leverage outside 

11 funding sources, and is not prioritized over any 

12 other source of outside funding. 

13 SEC. 6. NATIONAL ZONING MAPPING. 

14 (a) IN GENERAL.—The Secretary shall establish a 

15 grant program under which the Secretary provides fund16 ing to academic institutions, research collaboratives, non17 profit organizations, or other entities to conduct zoning18 district-level digitization of zoning codes. 

19 (b) PRIORITY.—In awarding grants under this sec20 tion, the Secretary shall prioritize projects that will— 

21 (1) create a plan to maintain the database for 

22 such information; 

23 (2) establish a portal for State entities and 

24 local governments to input zoning-related informa25 tion; 


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1 (3) prioritize mapping areas whose zoning has 

2 not previously been digitized; 

3 (4) coordinate with State or local government 

4 entities, provide a plan for long-term maintenance of 

5 the database, and establish a protocol for data shar6 ing; and 

7 (5) develop tools to test the impact of various 

8 zoning and land use regulation reforms on the over9 all supply of new housing. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary to carry 

12 out this section $3,500,000 for fiscal years 2025 through 

13 2027. 

14 SEC. 7. GRANTS FOR ESTABLISHING PRE-APPROVED DE15 SIGNS FOR AFFORDABLE HOUSING. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COVERED STRUCTURE.—The term ‘‘covered 

18 structure’’ means— 

19 (A) a low-rise or mid-rise structure with 

20 between 2 and 8 dwelling units; and 

21 (B) includes— 

22 (i) an accessory dwelling unit; 

23 (ii) a duplex; 

24 (iii) a triplex; 

25 (iv) a fourplex; 


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1 (v) a cottage court; 

2 (vi) a courtyard building; and 

3 (vii) any other structure the Secretary 

4 considers appropriate. 

5 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means a unit of general local government. 

7 (b) AUTHORITY.— The Secretary may award grants 

8 to eligible entities to establish and implement designs for 

9 use of covered structures in the jurisdiction of the eligible 

10 entity that the eligible entity preapproves as affordable 

11 housing. 

12 (c) SET-ASIDE FOR SMALLER OR RURAL AREAS.— 

13 Of the amount made available in each fiscal year for 

14 grants under this section, the Secretary shall ensure that 

15 not less than 10 percent shall be used for grants to eligible 

16 entities that are smaller eligible entities or are located in 

17 rural areas. 

18 (d) REPORTS.—The Secretary shall require eligible 

19 entities receiving grants under this section to report on— 

20 (1) the impacts of the activities carried out 

21 using such grant amounts in improving the produc22 tion and supply of affordable housing; 

23 (2) the pre-approved designs established and 

24 implemented using such grant amounts in their com25 munities; and 


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1 (3) the impact of the activities funded with 

2 grant amounts. 

3 (e) AVAILABILITY OF INFORMATION.—The Secretary 

4 shall— 

5 (1) make publicly available information on the 

6 pre-approved designs submitted by eligible entities 

7 receiving grants under this section, including infor8 mation on the benefits of use of such designs; and 

9 (2) collect, identify, and disseminate best prac10 tices regarding such designs to interested localities 

11 and parties. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary to carry 

14 out this section $10,000,000 for fiscal years 2025 through 

15 2027. 

Æ 


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