Read theMandate

Increase the supply of housing in America › Section 107

Housing Supply Frameworks

Section 107 · Sec. 107 ·

What this chapter is about

This part is about the rules that say what can be built where. A housing official must write a guide of good practice for states and towns. A task force helps draft it and the public may comment. An older clearinghouse is closed and its law repealed. A report follows five years later. No state or town can be punished for saying no.

8 proposals indexed from this chapter.

The document says “meansWho acts: CongressHow: statuteSec. 107 in the PDF
What the document says

“The term ``affordable housing'' means housing for which the monthly payment is not more than 30 percent of the monthly income of the household.”

To increase the supply of housing in America, and for other purposes, Sec. 107

The section defines affordable housing as housing whose monthly payment is no more than 30 percent of the household's monthly income. It also defines a local zoning framework as the local codes, ordinances, procedures, and policies governing zoning and land use, and a State zoning framework as the State legislation or agency procedures enabling local planning and zoning authorities.

What the document actually says

“The term ``affordable housing'' means housing for which the monthly payment is not more than 30 percent of the monthly income of the household.”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

Housing counts as affordable by a simple test. The monthly bill must be 30 percent of income or less.

What this is about

A zoning framework is the set of rules about what can be built where. Some of it is set by the state. Some of it is set by the town.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Assistant Secretary for Policy Development and ResearchHow: statuteSec. 107 in the PDF
What the document says

“Not later than 3 years after the date of enactment of this Act, the Assistant Secretary shall publish documents outlining guidelines and best practices to support production of adequate housing to meet the needs of communities and provide housing opportunities for individuals at every income level across communities”

To increase the supply of housing in America, and for other purposes, Sec. 107

The section requires the Assistant Secretary for Policy Development and Research at the Department of Housing and Urban Development to publish, within three years of enactment, guidelines and best practices on State zoning frameworks and on local zoning frameworks, aimed at supporting enough housing production for people at every income level.

What the document actually says

“Not later than 3 years after the date of enactment of this Act, the Assistant Secretary shall publish documents outlining guidelines and best practices to support production of adequate housing to meet the needs of communities and provide housing opportunities for individuals at every income level across communities”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

A housing official must publish a guide. It has to come out within three years. The guide is meant to help build enough homes for people at every income.

What this is about

The guide is advice, not an order. It covers rules set by states and rules set by towns. It says what has worked in other places.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Assistant Secretary for Policy Development and ResearchHow: statuteSec. 107 in the PDF
What the document says

“(A) publish draft guidelines and best practices in the Federal Register for public comment; and (B) establish a task force for the purpose of providing consultation to draft the guidelines and best practices published under subparagraph (A)”

To increase the supply of housing in America, and for other purposes, Sec. 107

During the two years after enactment the Assistant Secretary must publish draft guidelines in the Federal Register for public comment and set up a task force to advise on drafting them. Members must include urban planners and architects, developers of several kinds, community engagement experts and affected residents, public housing agencies and transit authorities, members of local zoning, planning and transportation bodies, State housing and land use officials, academic researchers, and home builders.

What the document actually says

“(A) publish draft guidelines and best practices in the Federal Register for public comment; and (B) establish a task force for the purpose of providing consultation to draft the guidelines and best practices published under subparagraph (A)”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

A draft of the guide goes in the Federal Register so people can comment. A group of advisers is also set up to help write it.

What this is about

The Federal Register is the daily notice paper of the government. A draft posted there lets anyone write in. The task force brings in builders, planners, and people who live there.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Assistant Secretary for Policy Development and ResearchHow: statuteSec. 107 in the PDF
What the document says

“(i) the reduction or elimination of parking minimums; (ii) the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot sizes and set-back requirements; (iii) the elimination of restrictions against accessory dwelling units;”

To increase the supply of housing in America, and for other purposes, Sec. 107

The guidelines must set out possible models for updated State enabling legislation or agency procedures and must include recommendations on eighteen subjects, among them parking minimums, building height and lot size limits, accessory dwelling units, by-right duplex through quadplex building, review of by-right proposals, obstacles to manufactured and modular housing, transit-oriented development, public engagement, protest petition statutes, impact fees, building codes, community benefit agreements, and mechanisms to preserve affordability and prevent displacement.

What the document actually says

“(i) the reduction or elimination of parking minimums; (ii) the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot sizes and set-back requirements; (iii) the elimination of restrictions against accessory dwelling units;”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

One idea is to cut or drop rules on how many parking spaces a building must have. Another is to allow taller buildings and smaller lots. A third is to allow small extra homes on a lot.

What this is about

A recommendation is not an order. Each item names a rule that can slow building down. The guide is meant to say what a town could do instead.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Assistant Secretary for Policy Development and ResearchHow: statuteSec. 107 in the PDF
What the document says

“(vii) the long-term cost to residents and businesses if more housing is not constructed; (viii) barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity;”

To increase the supply of housing in America, and for other purposes, Sec. 107

The guidelines must also consider eleven further matters, including the effect of adopting a recommendation on eligibility for federal grants and tax credits, coordination between infrastructure and housing planning, local housing needs and how to measure them, a range of affordability for renting and for owning, accountability measures, the long-term cost of not building, barriers facing people seeking affordable housing, the distinction between home rule States and Dillon Rule States as described in Hunter v. Pittsburgh, statewide tools such as land banks and community land trusts, and the public comments received.

What the document actually says

“(vii) the long-term cost to residents and businesses if more housing is not constructed; (viii) barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity;”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

One thing to weigh is what it costs people and shops over time if too few homes get built. Another is what stands in the way for people looking for a home they can afford.

What this is about

These are matters to think through, not steps to take. Some are about money. Some are about the different powers states give their towns.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “is amendedWho acts: CongressHow: statuteSec. 107 in the PDF
What the document says

“The Regulatory Barriers Clearinghouse established pursuant to section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is abolished. (2) Repeal.--Section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is repealed.”

To increase the supply of housing in America, and for other purposes, Sec. 107

The section abolishes the Regulatory Barriers Clearinghouse established under section 1205 of the Housing and Community Development Act of 1992 and repeals that section.

What the document actually says

“The Regulatory Barriers Clearinghouse established pursuant to section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is abolished. (2) Repeal.--Section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is repealed.”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

A body called the Regulatory Barriers Clearinghouse is closed. The part of the older law that set it up is wiped out.

What this is about

To repeal is to take a law off the books. Here both things happen at once. The body ends and the words that made it go too.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Assistant Secretary for Policy Development and ResearchHow: statuteSec. 107 in the PDF
What the document says

“Not later than 5 years after the date on which the Assistant Secretary publishes the final guidelines and best practices for State and local zoning frameworks under this section, the Assistant Secretary shall submit to Congress a report describing--”

To increase the supply of housing in America, and for other purposes, Sec. 107

The section requires a report to Congress within five years of the final guidelines being published. It must describe which States and localities adopted recommendations, list States that adopted a State zoning framework, summarize the changes States and localities made, describe the effect of those adoptions, and summarize recommendations that were routinely not adopted.

What the document actually says

“Not later than 5 years after the date on which the Assistant Secretary publishes the final guidelines and best practices for State and local zoning frameworks under this section, the Assistant Secretary shall submit to Congress a report describing--”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

A report goes to Congress five years after the final guide comes out. It must set out what happened.

What this is about

The report is a follow-up. It asks which places used the advice and what changed. It also asks which advice nobody took.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “may not be construedWho acts: Department of Housing and Urban DevelopmentHow: statuteSec. 107 in the PDF
What the document says

“Nothing in this section may be construed to permit the Department of Housing and Urban Development to take an adverse action against or fail to provide otherwise offered actions or services for any State or locality if the State or locality declines to adopt a guideline or best practice under subsection (b).”

To increase the supply of housing in America, and for other purposes, Sec. 107

The section states that nothing in it may be read as letting the Department of Housing and Urban Development take adverse action against a State or locality, or withhold actions or services it otherwise offers, because that State or locality declined to adopt a guideline or best practice.

What the document actually says

“Nothing in this section may be construed to permit the Department of Housing and Urban Development to take an adverse action against or fail to provide otherwise offered actions or services for any State or locality if the State or locality declines to adopt a guideline or best practice under subsection (b).”

To increase the supply of housing in America, and for other purposes, Sec. 107
That sentence, in plain words

A state or town may say no to the advice. If it does, the housing agency may not punish it. It may not hold back help it would give anyway.

What this is about

This makes clear the guide is advice only. A place that ignores it keeps what it had. The rule stops the guide from becoming a hidden condition.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

Share this page

What This Page Covers, and What It Leaves Out

Each distinct thing the section requires: the definitions, the guidelines on State and local zoning frameworks, the public comment and task force, what the guidelines must recommend and consider, the abolition and repeal of the Regulatory Barriers Clearinghouse, the report to Congress, and the bar on adverse action.

The eighteen recommendations and eleven considerations are summarized rather than quoted item by item. The full membership list of the task force is summarized.

The repeal is of section 1205 of the Housing and Community Development Act of 1992, which is not indexed here, so nothing is recorded about what the Regulatory Barriers Clearinghouse did.