Senator Mike Lee from Utah has introduced a piece of legislation titled the Local Zoning Decisions Protection Act. This bill aims to halt federal funding for the implementation of what Lee describes as “race or equity-based schemes” like the Department of Housing and Urban Development’s (HUD) “Affirmatively Furthering Fair Housing Final Rule.” Representative Paul Gosar of Arizona has introduced the same legislation in the House of Representatives.
Senator Lee expressed the sentiment behind the legislation stating, “Every American should be free to choose where to live, and every community should be free to zone its neighborhoods and compete for new residents according to its distinct values.” Lee praised President Trump and HUD Secretary Scott Turner for ending what he termed as “this egregious Obama-era attempt at social engineering,” adding that his legislation would prevent such policies in the future.
Representative Gosar commented on the housing regulations, saying, “Overreaching housing regulations first imposed by Barack Obama and re-upped by Joe Biden have extorted communities into giving up control of local zoning decisions while driving up the cost of affordable housing.” He voiced his support for Senator Lee’s efforts to enshrine into law the recent decision by HUD to repeal rules from the Obama-Biden era, which he claims have adversely affected neighborhoods.
The Obama administration initially enforced the Affirmatively Furthering Fair Housing rule (AFFH) to shape socioeconomic outcomes through local zoning by employing federal mandates. This rule was repealed by President Trump in 2020, only to be reinstated in 2021 by President Biden. However, it was again terminated under Trump, with the involvement of HUD Secretary Scott Turner.
The Local Zoning Decisions Protection Act is designed to prevent the future use of federal funds for AFFH-associated rulemaking. Furthermore, it necessitates that HUD consults with state and local governments, as well as public housing agencies, to explore alternative recommendations for achieving the policies of the Fair Housing Act that do not involve new federal regulations.
