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Increase the supply of housing in AmericaSection 208 › Proposal

Nothing lets the Secretary override local zoning

To increase the supply of housing in America, and for other purposes, section 208, Sec. 208. Written by .

Nothing lets the Secretary override local zoning

The document says “may not be construedWho acts: Secretary of Housing and Urban DevelopmentHow: statuteSec. 208 in the PDF
What the document says

“(1) to authorize the Secretary to mandate, supersede, or preempt any local zoning or land use policy; or (2) to affect the requirements of section 105(c)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(c)(1)).”

To increase the supply of housing in America, and for other purposes, Sec. 208

The section states that nothing in it may be read as letting the Secretary order, override, or preempt any local zoning or land use policy, or as affecting the requirements of section 105(c)(1) of the Cranston-Gonzalez National Affordable Housing Act.

What the document actually says

“(1) to authorize the Secretary to mandate, supersede, or preempt any local zoning or land use policy; or (2) to affect the requirements of section 105(c)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(c)(1)).”

To increase the supply of housing in America, and for other purposes, Sec. 208
That sentence, in plain words

The housing agency may not order a town to change its zoning. It may not push that zoning aside. A rule in an older law is left as it was.

What this is about

To preempt is for a federal rule to override a local one. Congress says that does not happen here. Towns keep control of their own land use.

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