I 

118TH CONGRESS 

2D SESSION H. R. 8604 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2024 

Ms. BLUNT ROCHESTER introduced the following bill; which was referred to 

the Committee on Financial Services, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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. 


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1 This housing supply shortage has resulted in a 

2 record number of cost-burdened households across 

3 regions and spanning the large and small cities, 

4 towns, and coastal and rural communities of the 

5 United States. 

6 (2) Several factors contribute to the under7 supply of housing in the United States, particularly 

8 workforce housing, including rising costs of con9 struction, a shortage of labor, supply chain disrup10 tions, and a lack of reliable funding sources. 

11 (3) Regulatory barriers at the State and local 

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

13 inhibit the creation of new housing to meet local and 

14 regional housing needs. 

15 (4) State and local governments are proactively 

16 exploring solutions for reforming regulatory barriers, 

17 but additional resources, data, and models are need18 ed to adequately address these challenges. 

19 (5) While land use regulation is the responsi20 bility of State and local governments, Federal sup21 port for necessary reforms is not a preemption of ex22 isting authority, and there is a need for the Federal 

23 Government to provide support and assistance to 

24 State and local governments that wish to undertake 


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1 necessary reforms in a manner that fits their com2 munities’ needs. 

3 (6) It is the policy of the United States to pro4 vide for fair housing throughout the country, and it 

5 is in the regional and national interest to have a 

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

7 and near opportunity. 

8 (7) Therefore, zoning ordinances or systems of 

9 land use regulation that have the intent or effect of 

10 restricting housing opportunities based on economic 

11 status or income without interests that are substan12 tial, legitimate, nondiscriminatory and that outweigh 

13 the regional need for housing are contrary to the re14 gional and national interest. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ASSISTANT SECRETARY.—The term ‘‘Assist18 ant Secretary’’ means the Assistant Secretary for 

19 Policy Development and Research of the Depart20 ment of Housing and Urban Development. 

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

22 the Secretary of Housing and Urban Development. 


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1 SEC. 4. LAND USE AND PLANNING. 

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

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

4 is amended by adding at the end the following: 

5 ‘‘(i) LAND USE AND PLANNING.— 

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

7 ‘‘(A) AFFORDABLE HOUSING.—The term 

8 ‘affordable housing’ means housing for which 

9 the monthly payment is less than 30 percent of 

10 the monthly income of a household. 

11 ‘‘(B) LOCAL ZONING FRAMEWORK.—The 

12 term ‘local zoning framework’ means the local 

13 zoning codes and other ordinances, procedures, 

14 and policies governing zoning and land-use at 

15 the local level. 

16 ‘‘(C) STATE ZONING FRAMEWORK.—The 

17 term ‘State zoning framework’ means the State 

18 legislation or State agency and department pro19 cedures enabling local planning and zoning au20 thorities and establishing and guiding related 

21 policies and programs. 

22 ‘‘(D) UNIT OF GENERAL LOCAL GOVERN23 MENT.—The term ‘unit of general local govern24 ment’— 

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

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1 nity Development Act of 1974 (42 U.S.C. 

2 5302); and 

3 ‘‘(ii) includes regional planning enti4 ties. 

5 ‘‘(2) LAND USE AND PLANNING.—The Sec6 retary, acting through the Assistant Secretary, 

7 shall— 

8 ‘‘(A) provide technical assistance upon re9 quest to States and localities on zoning and 

10 planning to— 

11 ‘‘(i) eliminate discriminatory land use 

12 policies and reduce barriers to housing 

13 construction, including construction of 

14 housing attainable for low-income and 

15 moderate-income renters and homeowners; 

16 and 

17 ‘‘(ii) promote sustainable and resilient 

18 land development; 

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

20 the Department of the Treasury, the Depart21 ment of Justice, the Department of Transpor22 tation, the Department of Agriculture, the De23 partment of Health and Human Services, the 

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1 rior, and the Council on Environmental Quality 

2 to— 

3 ‘‘(i) coordinate efforts relating to or 

4 impacting housing development; and 

5 ‘‘(ii) as relevant, streamline permit6 ting, including by aligning the imple7 menting procedures of those agencies 

8 under the National Environmental Policy 

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

10 promote housing production and transit11 oriented development; 

12 ‘‘(C) conduct, support, and disseminate re13 search on local zoning and planning measures 

14 to improve access to affordable housing and in15 crease housing supply across a range of urban, 

16 suburban, exurban, and rural communities, in17 cluding by establishing a research program to 

18 perform research, collect data, and evaluate— 

19 ‘‘(i) best practices in zoning and plan20 ning to expand opportunities for housing 

21 affordability and fair housing across a 

22 range of housing types, sizes, and afford23 ability; 

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

25 measures on— 


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1 ‘‘(I) neighborhood, jurisdictional, 

2 and regional housing conditions; 

3 ‘‘(II) residential stability; and 

4 ‘‘(III) access to affordable hous5 ing at all incomes levels; 

6 ‘‘(iii) methods of community engage7 ment to improve the public engagement 

8 process to reform land-use planning and 

9 regulatory practices; 

10 ‘‘(iv) systems and standards for data 

11 collection; and 

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

13 planning as determined by the Secretary; 

14 and 

15 ‘‘(D) develop the necessary expertise and 

16 capacity within the Office to carry out this 

17 paragraph; and 

18 ‘‘(E) not preempt local zoning. 

19 ‘‘(3) GUIDELINES ON STATE ZONING FRAME20 WORKS.— 

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

22 years after the date of enactment of this sub23 section, the Assistant Secretary shall publish a 

24 document outlining guidelines and best prac25 tices for State zoning frameworks to support 


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1 production of adequate housing to meet the 

2 needs of communities and provide housing op3 portunities for individuals at every income level 

4 across communities. 

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

6 During the 1-year period beginning on the date 

7 of enactment of this subsection, in developing 

8 the guidelines and best practices required under 

9 subparagraph (A), the Assistant Secretary 

10 shall— 

11 ‘‘(i) publish draft guidelines in the 

12 Federal Register for public comment; and 

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

14 purpose of providing consultation with the 

15 Department of the draft guidelines pub16 lished under clause (i), the members of 

17 which shall include— 

18 ‘‘(I) planners and architects; 

19 ‘‘(II) advocates with experience 

20 in affordable housing, community de21 velopment efforts, and fair housing; 

22 ‘‘(III) housing developers, includ23 ing affordable and market-rate hous24 ing developers, manufactured housing 


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1 developers, and other business inter2 ests; 

3 ‘‘(IV) community engagement ex4 perts and community members im5 pacted by zoning decisions; 

6 ‘‘(V) public housing authorities 

7 and transit authorities; 

8 ‘‘(VI) members of local zoning 

9 and planning boards and local and re10 gional transportation planning organi11 zations; 

12 ‘‘(VII) State officials responsible 

13 for housing or land use, including 

14 members of State zoning boards of 

15 appeals; and 

16 ‘‘(VIII) academic researchers. 

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

18 practices required under subparagraph (A) 

19 shall— 

20 ‘‘(i) outline potential models for up21 dated State enabling legislation or State 

22 agency and department procedures; 

23 ‘‘(ii) include recommendations regard24 ing— 


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1 ‘‘(I) the reduction or elimination 

2 of parking minimums; 

3 ‘‘(II) the increase in maximum 

4 floor area ratio requirements and 

5 maximum building heights and the re6 duction in minimum lot size and set7 back requirements; 

8 ‘‘(III) the elimination of restric9 tions against accessory dwelling units; 

10 ‘‘(IV) increasing by-right uses, 

11 including duplex, triplex, or quadplex 

12 buildings, across cities or metropolitan 

13 areas, including mechanisms, such as 

14 proximity to transit, to determine the 

15 jurisdictional level for rezoning and 

16 ensures development that does not 

17 disproportionately burden residents of 

18 economically distressed areas; 

19 ‘‘(V) provisions regarding review 

20 of by-right development proposals to 

21 streamline review and reduce uncer22 tainty, including non-discretionary, 

23 ministerial review; 

24 ‘‘(VI) the reduction of obstacles 

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1 els of affordability, including manu2 factured and modular housing; 

3 ‘‘(VII) State model codes for di4 recting local reforms, including mech5 anisms to encourage adoption; 

6 ‘‘(VIII) provisions to encourage 

7 transit-oriented development, includ8 ing but not limited to, increased per9 missible units per structure and re10 duced minimum lot sizes near existing 

11 or planned public transit stations; 

12 ‘‘(IX) improvements to the public 

13 engagement processes, including— 

14 ‘‘(aa) meaningful access for 

15 limited English proficient persons 

16 and effective communication im17 provements for persons with dis18 abilities; 

19 ‘‘(bb) leveraging of virtual 

20 meeting technologies; and 

21 ‘‘(cc) proactive outreach in 

22 communities; 

23 ‘‘(X) the elimination of or re24 forms to protest petition statutes; 


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1 ‘‘(XI) the standardization, reduc2 tion, or elimination of impact fees; 

3 ‘‘(XII) the standardization of 

4 building codes; 

5 ‘‘(XIII) models for community 

6 benefit agreements; 

7 ‘‘(XIV) mechanisms to preserve 

8 affordability, limit disruption of low9 income communities, and prevent dis10 placement of existing residents; 

11 ‘‘(XV) a model for a State zoning 

12 appeals process, which would— 

13 ‘‘(aa) create a process for 

14 developers or builders requesting 

15 a variance, conditional use, or 

16 zoning district change or other17 wise petitioning a local zoning or 

18 planning board for a project in19 cluding a State-defined amount 

20 of affordable housing to appeal a 

21 rejection to a State body or re22 gional body empowered by the 

23 State; 

24 ‘‘(bb) establish qualifications 

25 for communities to be exempted 


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1 from the appeals process based 

2 on their available stock of afford3 able housing; and 

4 ‘‘(cc) establish a State zon5 ing appeals board to consider ap6 peals to a variance rejection and 

7 objectively evaluate petitions 

8 based on the potential for envi9 ronmental damage and 

10 infrastructural capacity; 

11 ‘‘(XVI) best practices on the dis12 position of land owned by State gov13 ernments for affordable housing devel14 opment; and 

15 ‘‘(XVII) other land use measures 

16 that promote access to new housing 

17 opportunities identified by the Sec18 retary; and 

19 ‘‘(iii) consider— 

20 ‘‘(I) local housing needs, includ21 ing ways to set and measure housing 

22 goals and targets; 

23 ‘‘(II) a range of affordability for 

24 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 

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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 regional planning enti13 ty 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 is authorized to be appropriated $10,000,000 

11 to carry out the technical assistance in paragraphs 

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

13 this subsection, 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 is 

11 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 is 

13 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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