Biden  Initiative  Looking  at  Zoning  Law  Policies

A move is on to ease zoning regulations in states, cities, and towns across the country in an effort to build more affordable housing.

The Biden Administration is looking at the existence of what are known as “exclusionary zoning laws,” which are thought to restrict housing in some areas.

Those laws, which include specific lot size requirements as well as prohibitions on multifamily housing, have not only made it more difficult for many projects to obtain approval, they can also lead to an increase in the cost of a given project.

As part of the President’s $2.3 trillion infrastructure plan, the Administration has proposed a $213 billion affordable housing effort calling, in part, for a competitive grant program designed to do away with exclusionary zoning.

The grant program is expected to be initially funded at the $5 billion level.

According to a fact sheet released by the White House, the program will award various jurisdictions that “take concrete steps to eliminate such needless barriers to producing affordable housing.”

In an interview with USA Today, Marcia Fudge, Secretary of the Housing and Urban Development Department, asserted that the program will be “critical to increasing housing options for low and moderate-income families.”

Previous efforts to eliminate or lessen the presence of exclusionary zoning laws have been opposed by state and local government officials who say such policies are needed to regulate the density of a proposed project.

In a recent published paper, Richard Kahlenberg, senior fellow with the Century Foundation, said that one of the reasons for the continued existence of such zoning has been the “Not In My Backyard” movement which has “thwarted reform and kept exclusionary policies in place.”

Speaking to Forbes magazine, Dudley Benoit, Alliant Capital vice-president, remarked: “It remains to be seen if locales that have fought for decades to prevent affordable housing can be incentivized to change their ways, but it is worth a try and could have a substantial impact if successful.”

The President’s larger infrastructure bill, with the exclusionary zoning grants proposal, is now being debated in Congress.  

​By Garry Boulard

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