106 STAT. 3938

PUBLIC LAW 102-550—OCT. 28, 1992

Eemoval of
Eegulatory
Barriers to
Affordable
Housing Act of
1992.
Inter-
governmental
relations.
42 USC 12705a
note.
42 USC 12705a.

TITLE XII—REMOVAL OF REGULATORY
BARRIERS TO AFFORDABLE HOUSING

42 USC 12705b.

42 USC 12705c.

SEC. 1201. SHORT TITLE.

This title may be cited as the "Removal of Regulatory Barriers
to Affordable Housing Act of 1992".

SEC. 1202. PURPOSES.

The purposes of this title are—

(1) to encourage State and local governments to further
identify and remove regulatory barriers to affordable housing
(including barriers that are excessive, unnecessary, duplicative,
or exclusionary) that significantly 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.

SEC. 1203. DEFINITION OF REGULATORY BARRIERS TO AFFORDABLE
HOUSING.

For purposes of this title, the terms "regulatory barriers to
affordable housing" and "regulatory barriers" mean any public poli-
cies (including policies embodied in statutes, ordinances, regula-
tions, or administrative procedures or processes) required to be
identified by a jurisdiction in connection with its comprehensive
housing affordability strategy under section 105(bX4) of the Cran-
ston-Gonzalez National Affordable Housing Act. Such terms dp not
include policies relating to rents imposed on a structure by a juris-
diction or policies that have served to create or preserve, or can
be shown to create or preserve, housing for low- and very low-
income families, including displacement protections, demolition
controls, replacement housing requirements, relocation benefits,
housing 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.

SEC. 1204. GRANTS FOR REGULATORY BARRIER REMOVAL STRATE-
GIES AND IMPLEMENTATION.

(a) IN GENERAL.—The amounts set aside under section 107
of the Housing and Community Development Act of 1974 for the
purpose of this subsection shall be available for grants under sub-
section (b) and (c).

(b) STATE GRANTS.—The Secretary may make grants to States
for the costs of developing and implementing strategies to remove
regulatory barriers to affordable housing, including the costs of—

(1) identifying, assessing, and monitoring State and local
regulatory barriers;

(2) identifying State and local policies (including laws and
regulations) that permit or encourage regulatory barriers;

(3) developing legislation to provide a State program to
reduce State and local regulatory barriers and developing a
strategy for adoption of such legislation;

(4) developing model State standards and ordinances to
reduce regulatory barriers and assisting in the adoption and
use of the standards and ordinances;