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

# §12705b. Definition of regulatory barriers to affordable housing


For purposes of sections [12705a](/usc/42/12705a.md) to [12705d](/usc/42/12705d.md) of this title, the terms “regulatory barriers to affordable [housing](/usc/42/12704.md?p=8)” and “regulatory barriers” mean any public policies (including policies embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by a [jurisdiction](/usc/42/12704.md?p=3) in connection with its comprehensive [housing](/usc/42/12704.md?p=8) affordability strategy under [section 12705(b)(4) of this title](/usc/42/12705.md?p=b-4). Such terms do not include policies relating to rents imposed on a structure by a [jurisdiction](/usc/42/12704.md?p=3) or policies that have served to create or preserve, or can be shown to create or preserve, [housing](/usc/42/12704.md?p=8) for low- and [very low-income families](/usc/42/12704.md?p=9), including displacement protections, demolition controls, replacement [housing](/usc/42/12704.md?p=8) requirements, relocation benefits, [housing](/usc/42/12704.md?p=8) trust funds, dedicated funding sources, waiver of local property taxes and builder fees, inclusionary zoning, rental zoning overlays, long-term use restrictions, and rights of first refusal.


## Source credit

(Pub. L. 102–550, title XII, § 1203, Oct. 28, 1992, 106 Stat. 3938.)

## Notes

### Editorial Notes

### References in Text

Sections 12705a to 12705d of this title, referred to in text, were in the original “this title”, meaning title XII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3938, known as the Removal of Regulatory Barriers to Affordable Housing Act of 1992, which enacted sections 12705a to 12705d of this title, amended sections 5306 and 12705 of this title, and enacted provisions set out as notes under section 12705a of this title.

### Codification

Section was enacted as part of the Removal of Regulatory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Development Act of 1992, and not as part of the Cranston-Gonzalez National Affordable Housing Act which comprises this chapter.