42 U.S.C. § 12705 — State and local housing strategies

Page 8438 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12705 Editorial Notes REFERENCES IN TEXT This Act, referred to in pars. (1), (2), (6), (16), and (21), 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. AMENDMENTS 1994—Par. (2). Pub. L. 103–233 struck out ‘‘and’’ after ‘‘Columbia,’’ and inserted before period at end ‘‘, or any agency or instrumentality thereof that is estab- lished pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act’’. 1992—Par. (1). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(1), had not been enacted. See 1991 Amend- ment note below. Par. (6). Pub. L. 102–550, § 217(a), inserted concluding provisions. Par. (8). Pub. L. 102–550, § 218, inserted before period at end ‘‘and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to ex- isting 1- to 4-family dwellings’’. Par. (14)(C). Pub. L. 102–550, § 219, added subpar. (C). Par. (24). Pub. L. 102–550, § 211(a)(1), amended this sec- tion to read as if amendment made by Pub. L. 102–230, § 2(2), had not been enacted. See 1991 Amendment note below. Pub. L. 102–486 added par. (24) defining ‘‘energy effi- cient mortgage’’. Par. (25). Pub. L. 102–550, § 914(a), added par. (25). 1991—Par. (1). Pub. L. 102–230, § 2(1), directed the sub- stitution of ‘‘the insular areas’’ for ‘‘Guam, the North- ern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands’’. See 1992 Amendment note above. Pub. L. 102–229 struck out ‘‘Guam, the Northern Mar- iana Islands, the Virgin Islands, American Samoa,’’ after ‘‘of a State;’’. Par. (24). Pub. L. 102–230, § 2(2), directed the addition of a par. (24) to read as follows: ‘‘(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.’’ See 1992 Amendment note above. Pub. L. 102–229 added par. (24) defining ‘‘insular area’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–233 applicable with re- spect to any amounts made available to carry out sub- chapter II (§ 12721 et seq.) of this chapter after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–550, title II, § 211(b), Oct. 28, 1992, 106 Stat. 3757, provided that: ‘‘The amendments made by sub- section (a) [amending this section and section 12747 of this title] shall apply with respect to fiscal year 1993 and thereafter.’’ Pub. L. 102–550, title II, § 223, Oct. 28, 1992, 106 Stat. 3762, provided that: ‘‘The amendments made by this title [enacting section 12810 of this title and amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title] shall apply to unexpended funds allocated under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] in fiscal year 1992, except as otherwise specifically provided.’’ REGULATIONS Pub. L. 102–550, title II, § 222, Oct. 28, 1992, 106 Stat. 3762, provided that: ‘‘The Secretary of Housing and Urban Development shall issue any final regulations necessary to implement the provisions of this title [en- acting section 12810 of this title, amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title, and en- acting provisions set out as notes under this section and sections 12746, 12747, and 12750 of this title] and the amendments made by this title not later than the expi- ration of the 180-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], except as ex- pressly provided otherwise in this title and the amend- ments made by this title. Such regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).’’ TRANSITION RULE Pub. L. 102–550, title II, § 217(b), Oct. 28, 1992, 106 Stat. 3760, provided that: ‘‘For the purposes of determining compliance with the requirements of section 104(6) of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12704(6)], the Secretary of Housing and Urban Development may provide an exception for orga- nizations that meet the definition of community hous- ing development organization, except for significant representation of low-income community residents on the board, if such organization fulfills such require- ment within 6 months of receiving funds under title II of such Act [42 U.S.C. 12721 et seq.] or September 30, 1993, whichever is sooner.’’ § 12705. State and local housing strategies (a) In general The Secretary shall provide assistance di- rectly to a jurisdiction only if— (1) the jurisdiction submits to the Secretary a comprehensive housing affordability strat- egy (hereafter in this section referred to as the ‘‘housing strategy’’); (2) the jurisdiction submits annual updates of the housing strategy; and (3) the housing strategy, and any annual up- date of such strategy, is approved by the Sec- retary. The Secretary shall establish such dates and manner for the submission and approval of hous- ing strategies under this section that the Sec- retary determines will facilitate orderly pro- gram management by jurisdictions and provide for timely investment or other use of funds made available under subchapter II of this chap- ter and other programs requiring submission of a housing strategy. If the Secretary finds there is good cause, the Secretary may provide rea- sonable extensions of any deadlines for submis- sion of a jurisdiction’s housing strategy. (b) Contents A housing strategy submitted under this sec- tion shall be in a form that the Secretary deter- mines to be appropriate for the assistance the jurisdiction may be provided and shall— (1) describe the jurisdiction’s estimated housing needs projected for the ensuing 5-year period, and the jurisdiction’s need for assist- ance for very low-income, low-income, and moderate-income families, specifying such needs for different types of tenure and for dif- ferent categories of residents, such as very Page 8439 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12705 1 So in original. Probably should be ‘‘paragraphs’’. low-income, low-income, and moderate-income families, the elderly, persons with disabilities, single persons, large families, residents of non- metropolitan areas, families who are partici- pating in an organized program to achieve eco- nomic independence and self-sufficiency, per- sons with acquired immunodeficiency syn- drome, victims of domestic violence, dating violence, sexual assault, and stalking and other categories of persons residing in or ex- pected to reside in the jurisdiction that the Secretary determines to be appropriate; (2) describe the nature and extent of home- lessness, including rural homelessness, within the jurisdiction, providing an estimate of the special needs of various categories of persons who are homeless or threatened with home- lessness, including tabular representation of such information, and a description of the ju- risdiction’s strategy for (A) helping low-in- come families avoid becoming homeless; (B) addressing the emergency shelter and transi- tional housing needs of homeless persons (in- cluding a brief inventory of facilities and serv- ices that meet such needs within that jurisdic- tion); and (C) helping homeless persons make the transition to permanent housing and inde- pendent living; (3) describe the significant characteristics of the jurisdiction’s housing market, indicating how those characteristics will influence the use of funds made available for rental assist- ance, production of new units, rehabilitation of old units, or acquisition of existing units; (4) explain whether the cost of housing or the incentives to develop, maintain, or im- prove affordable housing in the jurisdiction are affected by public policies, particularly by policies of the jurisdiction, including tax poli- cies 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’s strategy to remove or ameliorate negative ef- fects, if any, of such policies, except that, if a State requires a unit of general local govern- ment to submit a regulatory barrier assess- ment that is substantially equivalent to the information required under this paragraph, as determined by the Secretary, the unit of gen- eral local government may submit its assess- ment submitted to the State to the Secretary and shall be considered to have complied with this paragraph; (5) explain the institutional structure, in- cluding private industry, nonprofit organiza- tions, and public institutions, through which the jurisdiction will carry out its housing strategy, assessing the strengths and gaps in that delivery system and describing what the jurisdiction will do to overcome those gaps; (6) indicate resources from private and non- Federal public sources that are reasonably ex- pected 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 jurisdic- tion deems it appropriate, publicly owned land or property located within the jurisdiction that may be utilized to carry out the purposes of this Act; (7) set forth the jurisdiction’s plan for in- vestment or other use of housing funds made available under subchapter II of this chapter, the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the Housing and Commu- nity Development Act of 1974, and the McKin- ney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.], during the ensuing year or such longer period as the Secretary determines to be appropriate, indicating the general prior- ities for allocating investment geographically within the jurisdiction and among different activities and housing needs; (8) describe how the jurisdiction’s plan will address the housing needs identified pursuant to subparagraphs 1 (1) and (2), describe the rea- sons for allocation priorities, and identify any obstacles to addressing underserved needs; (9) describe the means of cooperation and co- ordination among the State and any units of general local government in the development, submission, and implementation of their hous- ing strategies; (10) in the case of a unit of local govern- ment, describe the number of public housing units in the jurisdiction, the physical condi- tion of such units, the restoration and revital- ization needs of public housing projects within the jurisdiction, the public housing agency’s strategy for improving the management and operation of such public housing, and the pub- lic housing agency’s strategy for improving the living environment of low- and very-low- income families residing in public housing; (11) describe the manner in which the plan of the jurisdiction will help address the needs of public housing; (12) in the case of a State, describe the strat- egy to coordinate the Low-Income Tax Credit with development of housing, including public housing, that is affordable to very low-income and low-income families; (13) describe the jurisdiction’s activities to encourage public housing residents to become more involved in management and participate in homeownership; (14) describe the standards and procedures according to which the jurisdiction will mon- itor activities authorized under this Act and ensure long-term compliance with the provi- sions of this Act; (15) include a certification that the jurisdic- tion will affirmatively further fair housing; (16) include a certification that the jurisdic- tion has in effect and is following a residential antidisplacement and relocation assistance plan that, in any case of any such displace- ment 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 and Community Development Act of 1974 [42 U.S.C. 5304(d)] in the event of displace- ment in connection with a development project assisted under section 106 or 119 of such Act [42 U.S.C. 5306, 5318]; (17) estimate the number of housing units within the jurisdiction that are occupied by Page 8440 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12705 low-income families or very low-income fami- lies and that contain lead-based paint hazards, as defined in section 4851b of this title, outline the actions proposed or being taken to evalu- ate and reduce lead-based paint hazards, and describe how lead-based paint hazard reduc- tion will be integrated into housing policies and programs; (18) include the number of families to whom the jurisdiction will provide affordable hous- ing as defined in section 12745 of this title using funds made available; (19) for any housing strategy submitted for fiscal year 1994 or any fiscal year thereafter and taking into consideration factors over which the jurisdiction has control, describe the jurisdiction’s goals, programs, and policies for reducing the number of households with in- comes below the poverty line (as defined by the Office of Management and Budget and re- vised annually), and, in consultation with other appropriate public and private agencies, state how the jurisdiction’s goals, programs, and policies for producing and preserving af- fordable housing set forth in the housing strategy will be coordinated with other pro- grams and services for which the jurisdiction 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 activities to enhance coordination between public and as- sisted housing providers and private and gov- ernmental health, mental health, and service agencies. The Secretary may provide for the submission of abbreviated housing strategies by jurisdictions that are not otherwise expected to be partici- pating jurisdictions under subchapter II of this chapter. Such an abbreviated housing strategy shall be appropriate to the types and amounts of assistance the jurisdiction is to receive as deter- mined by the Secretary. (c) Approval (1) In general The Secretary shall review the housing strategy upon receipt. Not later than 60 days after receipt by the Secretary, the housing strategy shall be approved unless the Sec- retary determines before that date that (A) the housing strategy is inconsistent with the purposes of this Act, or (B) the information described in subsection (b) has not been pro- vided 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) shall not be a basis for the Secretary’s disapproval of a housing strategy. During the 18-month pe- riod following November 28, 1990, the Sec- retary may extend the review period to not longer than 90 days. (2) Actions in case of disapproval If the Secretary disapproves the housing strategy, the Secretary shall immediately no- tify the jurisdiction of such disapproval. Not later than 15 days after the Secretary’s dis- approval, the Secretary shall inform the juris- diction in writing of (A) the reasons for dis- approval, and (B) actions that the jurisdiction could take to meet the criteria for approval. If the Secretary fails to inform the jurisdiction of the reasons for disapproval within such 15- day period, the housing strategy shall be deemed to have been approved. (3) Amendments and resubmission The Secretary shall, for a period of not less than 45 days following the date of first dis- approval, permit amendments to, or the resub- mission of, any housing strategy that is dis- approved. The Secretary shall approve or dis- approve a housing strategy not less than 30 days after receipt of such amendments or re- submission. (d) Coordination of State and local housing strat- egies The Secretary may establish such require- ments as the Secretary deems appropriate to en- courage coordination between and among the housing strategies of a State and any partici- pating jurisdictions within the State, except that a unit of general local government shall not be required to have elements of its housing strategy approved by the State. (e) Consultation with social service agencies (1) In general When preparing a housing strategy for sub- mission under this section, a jurisdiction shall make reasonable efforts to confer with appro- priate social service agencies regarding the housing needs of children, elderly persons, per- sons with disabilities, homeless persons, and other persons served by such agencies. (2) Lead-based paint hazards When preparing that portion of a housing strategy required by subsection (b)(16), a juris- diction shall consult with State or local health and child welfare agencies and examine existing data related to lead-based paint haz- ards and poisonings, including health depart- ment data on the addresses of housing 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’s Advisory Commission on Regulatory Barriers to Afford- able Housing, the Secretary shall submit to the Congress a written report outlining the Sec- retary’s recommendations for legislative and ad- ministrative actions to facilitate the removal or modification of excessive, duplicative, or unnec- essary regulations or other requirements of Fed- eral, State, or local governments that (1) inflate the costs of or otherwise inhibit the construc- tion, rehabilitation, or management of housing, particularly housing that otherwise could be af- fordable to low-income and moderate-income families, or (2) contribute to economic or racial discrimination. (g) Treatment of troubled public housing agen- cies (1) Effect of troubled status on CHAS The comprehensive housing affordability strategy (or any consolidated plan incor- Page 8441 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12705 porating such strategy) for the State or unit of general local government in which any troubled public housing agency is located shall not be considered to comply with the require- ments under this section unless such plan in- cludes a description of the manner in which the State or unit will provide financial or other assistance to such troubled agency in improving its operations to remove such des- ignation. (2) Definition For purposes of this subsection, the term ‘‘troubled public housing agency’’ means a public housing agency that, upon the effective date of the Quality Housing and Work Respon- sibility 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)] as a troubled public hous- ing agency. (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. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 109–162, title VI, § 604, Jan. 5, 2006, 119 Stat. 3040.) 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 gen- erally 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 sec- tion 5301 of this title and Tables. The McKinney-Vento Homeless Assistance Act, re- ferred 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 classifica- tion 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 Amend- ment note under section 1437 of this title. AMENDMENTS 2006—Subsec. (b)(1). Pub. L. 109–162 inserted ‘‘victims of domestic violence, dating violence, sexual assault, and stalking’’ after ‘‘immunodeficiency syndrome,’’. 2000—Subsec. (b)(7). Pub. L. 106–400 substituted ‘‘McKinney-Vento Homeless Assistance Act’’ for ‘‘Stewart B. McKinney Homeless Assistance Act’’. 1998—Subsec. (b). Pub. L. 105–276, § 583(1), transferred flush provisions relating to abbreviated housing strate- gies to end of subsection to follow last numbered para- graph. 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) redesig- nated (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, redesig- nated (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 juris- diction will provide affordable housing. Subsec. (b)(17). Pub. L. 105–276, § 583(5)(B), redesig- nated par. (16), relating to housing units that contain lead-based paint hazards, as (17). Former par. (17), re- lating to reducing the number of households within a jurisdiction with incomes below the poverty line, redes- ignated (19), and former par. (17), relating to activities to enhance coordination, redesignated (20). Subsec. (b)(18). Pub. L. 105–276, § 583(4)(B), redesig- nated 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 regu- latory barrier assessment that is substantially equiva- lent 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), redes- ignated pars. (8) to (12) as (9) to (13), respectively. Former par. (13) redesignated (14). Subsec. (b)(14). Pub. L. 102–550, § 220(c)(1), redesig- nated 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 assist- ance plan under section 104(d) of the Housing and Com- munity 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), redesig- nated 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) relat- ing to reducing the number of households within a ju- risdiction 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 coordi- nation, 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 Page 8442 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12705a the poverty line, to reflect the probable intent of Con- gress. Pub. L. 102–550, § 220(c)(1), redesignated par. (16), re- lating 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 exist- ing 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 other- wise provided, with provision that Secretary may im- plement amendment before such date, except to extent that such amendment provides otherwise, and with sav- ings 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 applica- ble 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 oth- erwise provided, see section 13642 of this title. § 12705a. Purposes of Removal of Regulatory Bar- riers to Affordable Housing Act The purposes of sections 12705a to 12705d of this title are— (1) to encourage State and local govern- ments to further identify and remove regu- latory barriers to affordable housing (includ- ing barriers that are excessive, unnecessary, duplicative, or exclusionary) that signifi- cantly increase housing costs and limit the supply of affordable housing; and (2) to strengthen the connection between Federal housing assistance and State and local efforts to identify and eliminate regulatory barriers. (Pub. L. 102–550, title XII, § 1202, Oct. 28, 1992, 106 Stat. 3938.) 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 a note below. CODIFICATION Section was enacted as part of the Removal of Regu- latory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Develop- ment Act of 1992, and not as part of the Cranston-Gon- zalez National Affordable Housing Act which comprises this chapter. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 102–550, title XII, § 1201, Oct. 28, 1992, 106 Stat. 3938, provided that: ‘‘This title [enacting this section and sections 12705b to 12705d of this title, amending sec- tions 5306 and 12705 of this title, and enacting provi- sions set out as a note below] may be cited as the ‘Re- moval of Regulatory Barriers to Affordable Housing Act of 1992’.’’ REPORT BY SECRETARY Pub. L. 102–550, title XII, § 1207, Oct. 28, 1992, 106 Stat. 3941, provided that not later than 2 years after Oct. 28, 1992, the Secretary of Housing and Urban Development submit a report to Congress describing any successful State and local strategies for removal of barriers to af- fordable housing, assessing impact of identified regu- latory barriers on housing patterns of minorities, and describing any strategies developed or implemented by Department of Housing and Urban Development for re- ducing barriers to affordable housing imposed by Fed- eral Government, prior to repeal by Pub. L. 105–362, title VII, § 701(b), Nov. 10, 1998, 112 Stat. 3287. Executive Documents EX. ORD. NO. 13878. ESTABLISHING A WHITE HOUSE COUN- CIL ON ELIMINATING REGULATORY BARRIERS TO AF- FORDABLE HOUSING Ex. Ord. No. 13878, June 25, 2019, 84 F.R. 30853, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. For many Americans, access to affordable housing is becoming far too difficult. Rising housing costs are forcing families to dedicate larger shares of their monthly incomes to housing. In 2017, ap- proximately 37 million renter and owner households spent more than 30 percent of their incomes on hous- ing, with more than 18 million spending more than half of their incomes on housing. Between 2001 and 2017, the number of renter households allocating more than half of their incomes toward rent increased by nearly 45 per- cent. These rising costs are leaving families with fewer resources for necessities such as food, healthcare, clothing, education, and transportation, negatively af- fecting their quality of life and hindering their access to economic opportunity. Driving the rise in housing costs is a lack of housing supply to meet demand. Federal, State, local, and trib- al governments impose a multitude of regulatory bar- riers—laws, regulations, and administrative practices— that hinder the development of housing. These regu- latory barriers include: overly restrictive zoning and growth management controls; rent controls; cum- bersome building and rehabilitation codes; excessive energy and water efficiency mandates; unreasonable maximum-density allowances; historic preservation re- quirements; overly burdensome wetland or environ- mental regulations; outdated manufactured-housing regulations and restrictions; undue parking require- ments; cumbersome and time-consuming permitting and review procedures; tax policies that discourage in- vestment or reinvestment; overly complex labor re- quirements; and inordinate impact or developer fees. These regulatory barriers increase the costs associated with development, and, as a result, drive down the sup- ply of affordable housing. They are the leading factor in the growth of housing prices across metropolitan areas in the United States. Many of the markets with the most severe shortages in affordable housing con- tend with the most restrictive State and local regu- latory barriers to development. These regulatory barriers impede our Nation’s eco- nomic growth. Hardworking American families strug- gle to live in markets where there is an insufficient supply of housing—even in markets generating a sig- nificant number of jobs. One recent study suggests that certain regulatory restrictions on housing supply have forced workers to live far away from high-productivity areas with the best available jobs, creating a geo- graphic misallocation of labor between cities that may