NAHMA HUD Update: HUD Seeks Public Comments on Regulatory Barriers to Affordable Housing Development

NAHMA HUD Update: HUD Seeks Public Comments on Regulatory Barriers to Affordable Housing Development

Last week, HUD published a Request for Information (RFI) seeking public comments on “Federal, State, local, and Tribal laws, regulations, land use requirements, and administrative practices that artificially raise the costs of affordable housing development and contribute to shortages in America’s housing supply.”  The RFI asks the public to share knowledge and provide recommendations to HUD regarding regulations and practices that “unnecessarily impede housing supply and information on innovative practices that promote increased housing supply.”

Earlier this year, President Trump signed Executive Order 13878, “Establishing a White House Council on Eliminating Regulatory Barriers to Affordable Housing.” While comprised of eight Federal agencies, HUD Secretary Carson is the Chair to the White House Council. This RFI is a component of the work Secretary Carson is doing. Earlier this month, NAHMA staff also attended a White House Roundtable on Housing Affordability, where Secretary Carson informed us that this RFI was forthcoming.

In this RFI, HUD is seeking information on the following:

  • Specific HUD regulations, statutes, programs, and practices that directly or indirectly restrict the supply of housing or increase the cost of housing;
  • Policy interventions, solutions, or strategies available to State, local, and Federal decision makers to incentivize State and local governments to review their regulatory environment or aid them in streamlining, reducing or eliminating the negative impact of State and local laws, regulations, and administrative practices;
  • Ways that State-level laws, practices, and programs contribute to delays in the construction industry and specific laws, practices, and programs that could be reviewed;
  • Common motivations or factors that underlie local governments’ adoption of laws, regulations, and practices that demonstrably raise the cost of housing development, and whether such factors vary geographically;
  • Peer-reviewed research and/or representative surveys that provide quantitative analyses on the impact of regulations on the cost of affordable housing development;
  • Performance measures, quantitative and/or qualitative, the Council should consider in assessing the reduction of barriers nationally or regionally and advantages and disadvantages of each measure; and
  • Recommendations on how to best utilize HUD’s Regulatory Barriers Clearinghouse for States, local governments, researchers and policy analysts who are tracking reform activity across the country.

NAHMA will work with our policy committees to formulate a consolidated response to the RFI.  We request members provide comments to Juliana and Larry by Friday, January 10, 2020. NAHMA is planning to host a joint committee call to discuss the RFI recommendations the week of Jan. 13-17. We will provide a final date for that call in a few weeks. To read the RFI online, please click here.