---
kind: "section"
citation: "42 U.S.C. § 12705"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12705"
heading: "State and local housing strategies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12705"
units:
  - "Chapter 130 — National Affordable Housing"
  - "Subchapter I — General Provisions and Policies"
---

# §12705. State and local housing strategies

- (a) **In general—** The [Secretary](/usc/42/12704.md?p=16) shall provide assistance directly to a [jurisdiction](/usc/42/12704.md?p=3) only if—
  - (1) the [jurisdiction](/usc/42/12704.md?p=3) submits to the [Secretary](/usc/42/12704.md?p=16) a comprehensive [housing](/usc/42/12704.md?p=8) affordability strategy (hereafter in this section referred to as the “[housing](/usc/42/12704.md?p=8) strategy”);
  - (2) the [jurisdiction](/usc/42/12704.md?p=3) submits annual updates of the [housing](/usc/42/12704.md?p=8) strategy; and
  - (3) the [housing](/usc/42/12704.md?p=8) strategy, and any annual update of such strategy, is approved by the [Secretary](/usc/42/12704.md?p=16).

  The [Secretary](/usc/42/12704.md?p=16) shall establish such dates and manner for the submission and approval of [housing](/usc/42/12704.md?p=8) strategies under this section that the [Secretary](/usc/42/12704.md?p=16) determines will facilitate orderly program management by [jurisdictions](/usc/42/12704.md?p=3) and provide for timely investment or other use of funds made available under subchapter II of this chapter and other programs requiring submission of a [housing](/usc/42/12704.md?p=8) strategy. If the [Secretary](/usc/42/12704.md?p=16) finds there is good cause, the [Secretary](/usc/42/12704.md?p=16) may provide reasonable extensions of any deadlines for submission of a [jurisdiction](/usc/42/12704.md?p=3)’s [housing](/usc/42/12704.md?p=8) strategy.

- (b) **Contents—** A [housing](/usc/42/12704.md?p=8) strategy submitted under this section shall be in a form that the [Secretary](/usc/42/12704.md?p=16) determines to be appropriate for the assistance the [jurisdiction](/usc/42/12704.md?p=3) may be provided and shall—
  - (1) describe the [jurisdiction](/usc/42/12704.md?p=3)’s estimated [housing](/usc/42/12704.md?p=8) needs projected for the ensuing 5-year period, and the [jurisdiction](/usc/42/12704.md?p=3)’s need for assistance for very low-income, low-income, and moderate-income [families](/usc/42/12704.md?p=11), specifying such needs for different types of tenure and for different categories of residents, such as very low-income, low-income, and moderate-income [families](/usc/42/12704.md?p=11), the elderly, persons with disabilities, single persons, large [families](/usc/42/12704.md?p=11), residents of nonmetropolitan areas, [families](/usc/42/12704.md?p=11) who are participating in an organized program to achieve economic [independence](/usc/42/242q–4.md?p=1-B) and self-sufficiency, persons with acquired immunodeficiency syndrome, victims of domestic violence, dating violence, sexual assault, and stalking and other categories of persons residing in or expected to reside in the [jurisdiction](/usc/42/12704.md?p=3) that the [Secretary](/usc/42/12704.md?p=16) determines to be appropriate;
  - (2) describe the nature and extent of homelessness, including rural homelessness, within the [jurisdiction](/usc/42/12704.md?p=3), providing an estimate of the special needs of various categories of persons who are homeless or threatened with homelessness, including tabular representation of such information, and a description of the [jurisdiction](/usc/42/12704.md?p=3)’s strategy for (A) helping [low-income families](/usc/42/12704.md?p=10) avoid becoming homeless; (B) addressing the emergency shelter and transitional [housing](/usc/42/12704.md?p=8) needs of homeless persons (including a brief inventory of facilities and services that meet such needs within that [jurisdiction](/usc/42/12704.md?p=3)); and (C) helping homeless persons make the transition to permanent [housing](/usc/42/12704.md?p=8) and independent living;
  - (3) describe the significant characteristics of the [jurisdiction](/usc/42/12704.md?p=3)’s [housing](/usc/42/12704.md?p=8) market, indicating how those characteristics will influence the use of funds made available for rental assistance, production of new units, rehabilitation of old units, or acquisition of existing units;
  - (4) explain whether the cost of [housing](/usc/42/12704.md?p=8) or the incentives to develop, maintain, or improve affordable [housing](/usc/42/12704.md?p=8) in the [jurisdiction](/usc/42/12704.md?p=3) are affected by public policies, particularly by policies of the [jurisdiction](/usc/42/12704.md?p=3), including tax policies affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment, and describe the [jurisdiction](/usc/42/12704.md?p=3)’s strategy to remove or ameliorate negative effects, if any, of such policies, except that, if a [State](/usc/42/12704.md?p=2) requires a [unit of general local government](/usc/42/12704.md?p=1) to submit a regulatory barrier assessment that is substantially equivalent to the information required under this paragraph, as determined by the [Secretary](/usc/42/12704.md?p=16), the [unit of general local government](/usc/42/12704.md?p=1) may submit its assessment submitted to the [State](/usc/42/12704.md?p=2) to the [Secretary](/usc/42/12704.md?p=16) and shall be considered to have complied with this paragraph;
  - (5) explain the institutional structure, including private industry, [nonprofit organizations](/usc/42/12704.md?p=5), and public institutions, through which the [jurisdiction](/usc/42/12704.md?p=3) will carry out its [housing](/usc/42/12704.md?p=8) strategy, assessing the strengths and gaps in that delivery system and describing what the [jurisdiction](/usc/42/12704.md?p=3) will do to overcome those gaps;
  - (6) indicate resources from private and non-Federal public sources that are reasonably expected to be made available to carry out the purposes of this Act, explaining how funds made available will leverage those additional resources and identifying, where the [jurisdiction](/usc/42/12704.md?p=3) deems it appropriate, publicly owned land or property located within the [jurisdiction](/usc/42/12704.md?p=3) that may be utilized to carry out the purposes of this Act;
  - (7) set forth the [jurisdiction](/usc/42/12704.md?p=3)’s plan for investment or other use of [housing](/usc/42/12704.md?p=8) funds made available under subchapter II of this chapter, the United States Housing Act of 1937 [[42 U.S.C. 1437](/usc/42/1437.md) et seq.], the [Housing](/usc/42/12704.md?p=8) and Community Development Act of 1974, and the McKinney-Vento Homeless Assistance Act [[42 U.S.C. 11301](/usc/42/11301.md) et seq.], during the ensuing year or such longer period as the [Secretary](/usc/42/12704.md?p=16) determines to be appropriate, indicating the general priorities for allocating investment geographically within the [jurisdiction](/usc/42/12704.md?p=3) and among different activities and [housing](/usc/42/12704.md?p=8) needs;
  - (8) describe how the [jurisdiction](/usc/42/12704.md?p=3)’s plan will address the [housing](/usc/42/12704.md?p=8) needs identified pursuant to paragraphs [(1)](#b-1) and [(2)](#b-2), describe the reasons for [allocation](/usc/42/2021b.md?p=2) priorities, and identify any obstacles to addressing underserved needs;
  - (9) describe the means of cooperation and coordination among the [State](/usc/42/12704.md?p=2) and any units of general local government in the development, submission, and implementation of their [housing](/usc/42/12704.md?p=8) strategies;
  - (10) in the case of a unit of local government, describe the number of public [housing](/usc/42/12704.md?p=8) units in the [jurisdiction](/usc/42/12704.md?p=3), the physical condition of such units, the restoration and revitalization needs of public [housing](/usc/42/12704.md?p=8) [projects](/usc/42/13641.md?p=2) within the [jurisdiction](/usc/42/12704.md?p=3), the [public housing agency](/usc/42/12704.md?p=18)’s strategy for improving the management and operation of such public [housing](/usc/42/12704.md?p=8), and the [public housing agency](/usc/42/12704.md?p=18)’s strategy for improving the living environment of low- and very-[low-income families](/usc/42/12704.md?p=10) residing in public [housing](/usc/42/12704.md?p=8);
  - (11) describe the manner in which the plan of the [jurisdiction](/usc/42/12704.md?p=3) will help address the needs of public [housing](/usc/42/12704.md?p=8);
  - (12) in the case of a [State](/usc/42/12704.md?p=2), describe the strategy to coordinate the Low-Income Tax Credit with development of [housing](/usc/42/12704.md?p=8), including public [housing](/usc/42/12704.md?p=8), that is affordable to very low-income and [low-income families](/usc/42/12704.md?p=10);
  - (13) describe the [jurisdiction](/usc/42/12704.md?p=3)’s activities to encourage public [housing](/usc/42/12704.md?p=8) residents to become more involved in management and participate in homeownership;
  - (14) describe the standards and procedures according to which the [jurisdiction](/usc/42/12704.md?p=3) will monitor activities authorized under this Act and ensure long-term compliance with the provisions of this Act;
  - (15) include a [certification](/usc/42/12704.md?p=21) that the [jurisdiction](/usc/42/12704.md?p=3) will affirmatively further fair [housing](/usc/42/12704.md?p=8);
  - (16) include a [certification](/usc/42/12704.md?p=21) that the [jurisdiction](/usc/42/12704.md?p=3) has in effect and is following a residential antidisplacement and relocation assistance plan that, in any case of any such displacement in connection with any activity assisted with amounts provided under subchapter II, requires the same actions and provides the same rights as required and provided under a residential antidisplacement and relocation assistance plan under section 104(d) of the [Housing](/usc/42/12704.md?p=8) and Community Development Act of 1974 [[42 U.S.C. 5304(d)](/usc/42/5304.md?p=d)] in the event of displacement in connection with a development [project](/usc/42/13641.md?p=2) assisted under section 106 or 119 of such Act [[42 U.S.C. 5306](/usc/42/5306.md), 5318];
  - (17) estimate the number of [housing](/usc/42/12704.md?p=8) units within the [jurisdiction](/usc/42/12704.md?p=3) that are occupied by [low-income families](/usc/42/12704.md?p=10) or [very low-income families](/usc/42/12704.md?p=9) and that contain lead-based paint hazards, as defined in [section 4851b of this title](/usc/42/4851b.md), outline the actions proposed or being taken to evaluate and reduce lead-based paint hazards, and describe how lead-based paint hazard reduction will be integrated into [housing](/usc/42/12704.md?p=8) policies and programs;
  - (18) include the number of [families](/usc/42/12704.md?p=11) to whom the [jurisdiction](/usc/42/12704.md?p=3) will provide affordable [housing](/usc/42/12704.md?p=8) as defined in [section 12745 of this title](/usc/42/12745.md) using funds made available;
  - (19) for any [housing](/usc/42/12704.md?p=8) strategy submitted for fiscal year 1994 or any fiscal year thereafter and taking into consideration factors over which the [jurisdiction](/usc/42/12704.md?p=3) has control, describe the [jurisdiction](/usc/42/12704.md?p=3)’s goals, programs, and policies for reducing the number of households with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually), and, in consultation with other appropriate public and private [agencies](/usc/42/8262.md?p=1), [state](/usc/42/12704.md?p=2) how the [jurisdiction](/usc/42/12704.md?p=3)’s goals, programs, and policies for producing and preserving affordable [housing](/usc/42/12704.md?p=8) set forth in the [housing](/usc/42/12704.md?p=8) strategy will be coordinated with other programs and services for which the [jurisdiction](/usc/42/12704.md?p=3) is responsible and the extent to which they will reduce (or assist in reducing) the number of households with incomes below the poverty line; and
  - (20) describe the [jurisdictions](/usc/42/12704.md?p=3) activities to enhance coordination between public and assisted [housing](/usc/42/12704.md?p=8) providers and private and governmental health, mental health, and service [agencies](/usc/42/8262.md?p=1).

  The [Secretary](/usc/42/12704.md?p=16) may provide for the submission of abbreviated [housing](/usc/42/12704.md?p=8) strategies by [jurisdictions](/usc/42/12704.md?p=3) that are not otherwise expected to be [participating jurisdictions](/usc/42/12704.md?p=4) under subchapter II of this chapter. Such an abbreviated [housing](/usc/42/12704.md?p=8) strategy shall be appropriate to the types and amounts of assistance the [jurisdiction](/usc/42/12704.md?p=3) is to receive as determined by the [Secretary](/usc/42/12704.md?p=16).

- (c) **Approval—**
  - (1) **In general—** The [Secretary](/usc/42/12704.md?p=16) shall review the [housing](/usc/42/12704.md?p=8) strategy upon receipt. Not later than 60 days after receipt by the [Secretary](/usc/42/12704.md?p=16), the [housing](/usc/42/12704.md?p=8) strategy shall be approved unless the [Secretary](/usc/42/12704.md?p=16) determines before that date that (A) the [housing](/usc/42/12704.md?p=8) strategy is inconsistent with the purposes of this Act, or (B) the information described in [subsection (b)](#b) has not been provided in a substantially complete manner. For the purpose of the preceding sentence, the adoption or continuation of a public policy identified pursuant to [subsection (b)(4)](#b-4) shall not be a basis for the [Secretary](/usc/42/12704.md?p=16)’s disapproval of a [housing](/usc/42/12704.md?p=8) strategy. During the 18-month period following November 28, 1990, the [Secretary](/usc/42/12704.md?p=16) may extend the review period to not longer than 90 days.
  - (2) **Actions in case of disapproval—** If the [Secretary](/usc/42/12704.md?p=16) disapproves the [housing](/usc/42/12704.md?p=8) strategy, the [Secretary](/usc/42/12704.md?p=16) shall immediately notify the [jurisdiction](/usc/42/12704.md?p=3) of such disapproval. Not later than 15 days after the [Secretary](/usc/42/12704.md?p=16)’s disapproval, the [Secretary](/usc/42/12704.md?p=16) shall inform the [jurisdiction](/usc/42/12704.md?p=3) in writing of (A) the reasons for disapproval, and (B) actions that the [jurisdiction](/usc/42/12704.md?p=3) could take to meet the criteria for approval. If the [Secretary](/usc/42/12704.md?p=16) fails to inform the [jurisdiction](/usc/42/12704.md?p=3) of the reasons for disapproval within such 15-day period, the [housing](/usc/42/12704.md?p=8) strategy shall be deemed to have been approved.
  - (3) **Amendments and resubmission—** The [Secretary](/usc/42/12704.md?p=16) shall, for a period of not less than 45 days following the date of first disapproval, permit amendments to, or the resubmission of, any [housing](/usc/42/12704.md?p=8) strategy that is disapproved. The [Secretary](/usc/42/12704.md?p=16) shall approve or disapprove a [housing](/usc/42/12704.md?p=8) strategy not less than 30 days after receipt of such amendments or resubmission.
- (d) **Coordination of State and local housing strategies—** The [Secretary](/usc/42/12704.md?p=16) may establish such requirements as the [Secretary](/usc/42/12704.md?p=16) deems appropriate to encourage coordination between and among the [housing](/usc/42/12704.md?p=8) strategies of a [State](/usc/42/12704.md?p=2) and any [participating jurisdictions](/usc/42/12704.md?p=4) within the [State](/usc/42/12704.md?p=2), except that a [unit of general local government](/usc/42/12704.md?p=1) shall not be required to have elements of its [housing](/usc/42/12704.md?p=8) strategy approved by the [State](/usc/42/12704.md?p=2).
- (e) **Consultation with social service agencies—**
  - (1) **In general—** When preparing a [housing](/usc/42/12704.md?p=8) strategy for submission under this section, a [jurisdiction](/usc/42/12704.md?p=3) shall make reasonable efforts to confer with appropriate social service [agencies](/usc/42/8262.md?p=1) regarding the [housing](/usc/42/12704.md?p=8) needs of children, elderly persons, persons with disabilities, homeless persons, and other persons served by such [agencies](/usc/42/8262.md?p=1).
  - (2) **Lead-based paint hazards—** When preparing that portion of a [housing](/usc/42/12704.md?p=8) strategy required by [subsection (b)(16)](#b-16), a [jurisdiction](/usc/42/12704.md?p=3) shall consult with [State](/usc/42/12704.md?p=2) or local health and child welfare [agencies](/usc/42/8262.md?p=1) and examine existing data related to lead-based paint hazards and poisonings, including health department data on the addresses of [housing](/usc/42/12704.md?p=8) units in which children have been identified as lead poisoned.
- (f) **Barrier removal—** Not later than 4 months after completion of the final report of the [Secretary](/usc/42/12704.md?p=16)’s Advisory Commission on Regulatory Barriers to Affordable [Housing](/usc/42/12704.md?p=8), the [Secretary](/usc/42/12704.md?p=16) shall submit to the Congress a written report outlining the [Secretary](/usc/42/12704.md?p=16)’s recommendations for legislative and administrative actions to facilitate the removal or modification of excessive, duplicative, or unnecessary regulations or other requirements of Federal, [State](/usc/42/12704.md?p=2), or local governments that (1) inflate the costs of or otherwise inhibit the [construction](/usc/42/300s–3.md?p=7), rehabilitation, or management of [housing](/usc/42/12704.md?p=8), particularly [housing](/usc/42/12704.md?p=8) that otherwise could be affordable to low-income and moderate-income [families](/usc/42/12704.md?p=11), or (2) contribute to economic or racial discrimination.
- (g) **Treatment of troubled public housing agencies—**
  - (1) **Effect of troubled status on CHAS—** The comprehensive [housing](/usc/42/12704.md?p=8) affordability strategy (or any consolidated plan incorporating such strategy) for the [State](/usc/42/12704.md?p=2) or [unit of general local government](/usc/42/12704.md?p=1) in which any troubled [public housing agency](/usc/42/12704.md?p=18) is located shall not be considered to comply with the requirements under this section unless such plan includes a description of the manner in which the [State](/usc/42/12704.md?p=2) or unit will provide financial or other assistance to such troubled [agency](/usc/42/8262.md?p=1) in improving its operations to remove such designation.
  - (2) **Definition—** For purposes of this subsection, the term “troubled [public housing agency](/usc/42/12704.md?p=18)” means a [public housing agency](/usc/42/12704.md?p=18) that, upon the effective date of the Quality [Housing](/usc/42/12704.md?p=8) and Work Responsibility Act of 1998, is designated under section 6(j)(2) of the United States Housing Act of 1937 [[42 U.S.C. 1437d(j)(2)](/usc/42/1437d.md?p=j-2)] as a troubled [public housing agency](/usc/42/12704.md?p=18).

## Source credit

(Pub. L. 101–625, title I, § 105, Nov. 28, 1990, 104 Stat. 4088; Pub. L. 102–550, title II, § 220, title VI, § 681, title X, § 1014, title XII, § 1206, Oct. 28, 1992, 106 Stat. 3761, 3830, 3908, 3940; Pub. L. 105–276, title V, §§ 568, 583, Oct. 21, 1998, 112 Stat. 2634, 2644; Pub. L. 109–162, title VI, § 604, Jan. 5, 2006, 119 Stat. 3040; Pub. L. 119–101, title V, § 501(v)(1), (5), July 11, 2026, 140 Stat. 917.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (b)(6), (14) and (c)(1), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables.

The United States Housing Act of 1937, referred to in subsec. (b)(7), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

The Housing and Community Development Act of 1974, referred to in subsec. (b)(7), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

The McKinney-Vento Homeless Assistance Act, referred to in subsec. (b)(7), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§ 11301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.

The effective date of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (g)(2), probably means the general effective date for title V of Pub. L. 105–276, included in section 503 of Pub. L. 105–276 which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title.

### Amendments

2026—Subsec. (b)(7). Pub. L. 119–101, § 501(v)(1), substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.

Subsec. (b)(8). Pub. L. 119–101, § 501(v)(5), substituted “paragraphs” for “subparagraphs”.

2006—Subsec. (b)(1). Pub. L. 109–162 inserted “victims of domestic violence, dating violence, sexual assault, and stalking” after “immunodeficiency syndrome,”.

1998—Subsec. (b). Pub. L. 105–276, § 583(1), transferred flush provisions relating to abbreviated housing strategies to end of subsection to follow last numbered paragraph.

Subsec. (b)(11) to (15). Pub. L. 105–276, § 583(6), (7), added par. (11) and redesignated former pars. (11) to (14) as (12) to (15), respectively. Former par. (15) redesignated (16).

Subsec. (b)(16). Pub. L. 105–276, § 583(6), redesignated par. (15) as (16). Former par. (16), relating to housing units that contain lead-based paint hazards, redesignated (17), and former par. (16), relating to number of families to whom jurisdiction will provide affordable housing, redesignated (18).

Pub. L. 105–276, § 583(5)(A), substituted “programs;” for “programs.” in par. (16) relating to housing units that contain lead-based paint hazards.

Pub. L. 105–276, § 583(4)(A), struck out “and” at end of par. (16) relating to number of families to whom jurisdiction will provide affordable housing.

Subsec. (b)(17). Pub. L. 105–276, § 583(5)(B), redesignated par. (16), relating to housing units that contain lead-based paint hazards, as (17). Former par. (17), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, redesignated (19), and former par. (17), relating to activities to enhance coordination, redesignated (20).

Subsec. (b)(18). Pub. L. 105–276, § 583(4)(B), redesignated par. (16), relating to number of families to whom jurisdiction will provide affordable housing, as (18).

Subsec. (b)(19). Pub. L. 105–276, § 583(3), redesignated par. (17), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, as (19).

Subsec. (b)(20). Pub. L. 105–276, § 583(2), redesignated par. (17), relating to activities to enhance coordination, as (20).

Subsec. (g). Pub. L. 105–276, § 568, added subsec. (g).

1992—Subsec. (b)(1). Pub. L. 102–550, § 681(1), inserted “persons with disabilities,” after “the elderly,”.

Subsec. (b)(2). Pub. L. 102–550, § 220(a), inserted “, including rural homelessness,” after “extent of homelessness” and “including tabular representation of such information,” after “with homelessness,”.

Subsec. (b)(4). Pub. L. 102–550, § 1206, inserted before semicolon at end “, except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this paragraph, as determined by the Secretary, the unit of general local government may submit its assessment submitted to the State to the Secretary and shall be considered to have complied with this paragraph”.

Subsec. (b)(8). Pub. L. 102–550, § 220(c)(2), added par. (8). Former par. (8) redesignated (9).

Subsec. (b)(9) to (13). Pub. L. 102–550, § 220(c)(1), redesignated pars. (8) to (12) as (9) to (13), respectively. Former par. (13) redesignated (14).

Subsec. (b)(14). Pub. L. 102–550, § 220(c)(1), redesignated par. (13) as (14). Former par. (14) redesignated (15).

Pub. L. 102–550, § 220(b)(1), added par. (14) and struck out former par. (14) which read as follows: “include a certification that the jurisdiction is in compliance with a residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (to the extent that such a plan applies to the jurisdiction); and”.

Subsec. (b)(15). Pub. L. 102–550, § 220(c)(1), redesignated par. (14) as (15). Former par. (15) redesignated (16).

Subsec. (b)(16). Pub. L. 102–550, § 1014(3), added par. (16) relating to housing units that contain lead-based paint hazards.

Pub. L. 102–550, § 220(c)(1), redesignated par. (15) as (16). Former par. (16) redesignated (17).

Pub. L. 102–550, § 220(b)(3), added at end par. (16) relating to reducing the number of households within a jurisdiction with incomes below the poverty line.

Subsec. (b)(17). Pub. L. 102–550, § 681(2), which directed amendment of subsec. (b) by adding “after paragraph (16), as added by the preceding provisions of this Act”, a new par. (17) relating to activities to enhance coordination, was executed by adding that par. (17) after par. (17) (formerly par. (16), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, to reflect the probable intent of Congress.

Pub. L. 102–550, § 220(c)(1), redesignated par. (16), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, as (17).

Subsec. (e). Pub. L. 102–550, § 1014(4), designated existing provisions as par. (1), inserted heading, and added par. (2).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1998 Amendment

Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

### Effective Date of 1992 Amendment

Amendment by section 220 of Pub. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title.

Amendment by subtitles B through F of title VI [§§ 621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title.

### Housing Supply Frameworks

Pub. L. 119–101, title I, § 107, July 11, 2026, 140 Stat. 856, provided that: Definitions.—In this section: Affordable housing.—The term ‘affordable housing’ means housing for which the monthly payment is not more than 30 percent of the monthly income of the household. Assistant secretary.—The term ‘Assistant Secretary’ means the Assistant Secretary for Policy Development and Research of the Department of Housing and Urban Development. Local zoning framework.—The term ‘local zoning framework’ means the local zoning codes and other ordinances, procedures, and policies governing zoning and land-use at the local level. Secretary.—The term ‘Secretary’ means the Secretary of Housing and Urban Development. State zoning framework.—The term ‘State zoning framework’ means the State legislation or State agency and department procedures, or such legislation or procedures in an insular area of the United States, enabling local planning and zoning authorities and establishing and guiding related policies and programs.Guidelines on State and Local Zoning Frameworks.— In general.—Not later than 3 years after the date of enactment of this Act [July 11, 2026], 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 with respect to— State zoning frameworks; and local zoning frameworks. Consultation; public comment.—During the 2-year period beginning on the date of enactment of this Act, in developing the guidelines and best practices required under paragraph (1), the Assistant Secretary shall— publish draft guidelines and best practices in the Federal Register for public comment; and establish a task force for the purpose of providing consultation to draft the guidelines and best practices published under subparagraph (A), the members of which shall include— urban planners and architects; housing developers, including affordable and market-rate housing developers, manufactured housing developers, cooperative housing developers, and other business interests; community engagement experts and community members impacted by zoning decisions; public housing agencies and transit authorities; members of local zoning and planning boards and local and regional transportation planning organizations; State officials responsible for housing or land use, including members of State zoning boards of appeals; academic researchers; and home builders. Contents.—The guidelines and best practices required under paragraph (1) shall— with respect to State zoning frameworks, outline potential models for updated State enabling legislation or State agency and department procedures; include recommendations regarding— the reduction or elimination of parking minimums; the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot sizes and set-back requirements; the elimination of restrictions against accessory dwelling units; increasing by-right uses, including duplex, triplex, or quadplex buildings, across cities or metropolitan areas; mechanisms, including proximity to transit, to determine the appropriate scope for rezoning and ensure development that does not disproportionately burden residents of economically distressed areas; provisions regarding review of by-right development proposals to streamline review and reduce uncertainty, including— nondiscretionary, ministerial review; and entitlement and design review processes; the reduction of obstacles, regulatory or otherwise, to a range of housing types at all levels of affordability, including manufactured and modular housing; State model zoning regulations for directing local reforms, including mechanisms to encourage adoption; provisions to encourage transit-oriented development, including increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations; potential reforms to strengthen the public engagement process; reforms to protest petition statutes; the standardization, reduction, or elimination of impact fees; cost-effective and appropriate building codes; models for community benefit agreements; mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents; with respect to State zoning frameworks— State model codes for directing local reforms, including mechanisms to encourage adoption; a model for a State zoning appeals process, which would— create a process for developers or builders requesting a variance, conditional use, special permit, zoning district change, similar discretionary permit, or otherwise petitioning a local zoning or planning board for a project, including a State-defined amount of affordable housing to appeal a rejection to a State body or regional body empowered by the State; and establish qualifications for communities to be exempted from the appeals process based on their available stock of affordable housing; and streamlining of State environmental review policies; with respect to local zoning frameworks— the simplification and standardization of existing zoning codes; maximum review timelines; best practices for the disposition of land owned by local governments for affordable housing development; differentiations between best practices for rural, suburban, and urban communities, and communities with different levels of density or population distribution; and streamlining of local environmental review policies; and other land use measures that promote access to new housing opportunities identified by the Secretary; and consider— the effects of adopting any recommendation on eligibility for Federal discretionary grants and tax credits for the purpose of housing or community development; coordination between infrastructure investments and housing planning; local housing needs, including ways to set and measure housing goals and targets; a range of affordability for rental units, with a prioritization of units attainable to extremely low-, low-, and moderate-income residents; a range of affordability for homeownership; accountability measures; the long-term cost to residents and businesses if more housing is not constructed; barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity; with respect to State zoning frameworks— distinctions between States providing constitutional or statutory home rule authority to municipalities and States operating under the Dillon Rule, as articulated in Hunter v. Pittsburgh, 207 U.S. 161 (1907); and Statewide mechanisms to preserve existing affordability over the long term, including support for land banks and community land trusts; public comments elicited under paragraph (2)(A); and other considerations, as identified by the Assistant Secretary.Abolishment of the Regulatory Barriers Clearinghouse.— In general.—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. Repeal.—Section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is repealed. Reporting.—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— the States that have adopted recommendations from the guidelines and best practices, pursuant to subsection (b); a summary of the localities that have adopted recommendations from the guidelines and best practices, pursuant to subsection (b); a list of States that adopted a State zoning framework; a summary of the modifications that each State has made in their State zoning framework; a general summary of the types of updates localities have made to their local zoning framework; with respect to the States that have adopted a State zoning framework or recommendations from the guidelines and best practices, the effect of such adoptions; and a summary of any recommendations that were routinely not adopted by States or by localities. Rule of Construction.—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).”
