Local Zoning Decisions Protection Act

Summary#

This bill would remove the legal force of several Department of Housing and Urban Development (HUD) actions about "Affirmatively Furthering Fair Housing" (AFFH). It names a 2015 final rule, a 2021 interim final rule, a 2023 proposed rule, and a 2015 notice about an AFFH assessment tool and says those rules and any substantially similar successors "shall have no force or effect." The bill also bars use of Federal funds to design, build, maintain, use, or provide access to a Federal geospatial database that maps community racial disparities or disparities in access to affordable housing. The bill directs the HUD Secretary to consult jointly with State officials, local government officials, and public housing agency officials to develop recommendations, consistent with applicable Supreme Court rulings, to further the Fair Housing Act. The bill sets procedures for that consultation: notice and opportunity to participate, seeking a broad cross-section of officials, emphasizing collaboration, allowing meaningful and timely input, promoting transparency, and exploring ways to meet Fair Housing Act objectives other than new regulations. HUD must publish a draft report of recommendations within 12 months of enactment, allow at least 180 days for public comment, and publish a final report within 12 months. The draft may include only recommendations reached by consensus among HUD and consulted officials; if consensus is not reached the draft must describe areas of agreement, areas of disagreement, and reasons for disagreement.

What it means for you#

  • The named HUD AFFH rules and the specified notice would be nullified if this bill becomes law. "No force or effect" means those specific rules and similar successors would not apply.
  • HUD would be prohibited from using Federal funds to create or operate a national geospatial database that maps racial or affordable-housing access disparities.
  • HUD must consult with State and local officials and public housing agencies and publish draft and final reports describing recommendations to advance the Fair Housing Act, with a long public comment period.

Expenses#

No publicly available information.

Proponents' View#

The bill’s measures (nullifying the named HUD rules, banning the geospatial database, and requiring consultation with State and local officials) are presented in the bill as steps to protect local zoning decisions and to ensure HUD works with State and local officials and public housing agencies before pursuing regulatory changes.

Opponents' View#

No publicly available information.