PolicyBrief
H.R. 1609
119th CongressFeb 26th 2025
Local Zoning Decisions Protection Act of 2025
IN COMMITTEE

The "Local Zoning Decisions Protection Act of 2025" nullifies certain HUD rules related to fair housing, prohibits federal databases on racial disparities in housing, and requires consultation with local officials for Fair Housing Act recommendations.

Paul Gosar
R

Paul Gosar

Representative

AZ-9

LEGISLATION

Local Zoning Decisions Protection Act of 2025: HUD's Fair Housing Rules Tossed, Feds Banned from Tracking Racial Disparities in Housing

The "Local Zoning Decisions Protection Act of 2025" effectively hits the reset button on how the federal government deals with fair housing. This bill throws out two major HUD rules—one from 2015 and another from 2021—that were designed to ensure communities actively worked to undo historical housing segregation. It also blocks any similar rules from being created in the future. And that's not all. The act also specifically forbids using any federal money to create or maintain databases that track racial disparities in housing or access to affordable housing. (SEC. 3)

Dismantling Fair Housing Enforcement

The core of this bill is about dismantling federal oversight on local zoning. By nullifying the 2015 and 2021 HUD rules (SEC. 2), the bill removes requirements for communities to analyze and address patterns of housing discrimination. The 2015 rule, for example, required communities receiving HUD funding to conduct a detailed assessment of fair housing issues and create a plan to address them. The 2021 rule reinstated and strengthened those requirements after they were rolled back by the previous administration. Without these rules, there's less pressure on local governments to proactively tackle housing segregation.

For example, a city with a history of concentrating low-income housing in specific neighborhoods might have been required, under the old rules, to develop strategies to create more affordable housing options in wealthier areas. This bill removes that federal mandate. It's not saying cities can't do this, but it removes a significant tool the federal government had to encourage it.

The Database Ban: Blind Spot or Local Empowerment?

The prohibition on federal databases tracking racial disparities in housing (SEC. 3) is another major piece. This means HUD won't be able to systematically collect and analyze data that could reveal patterns of discrimination. While proponents of the bill might argue this prevents federal overreach, critics could argue it creates a deliberate blind spot. If you're not tracking the problem, it's harder to argue that the problem exists, or to target resources where they're most needed.

Imagine a county where mortgage lending data shows a significant disparity in loan approvals between white and Black applicants. A federal database might have flagged this, prompting further investigation. Under this bill, that kind of national-level data collection and analysis is off the table.

Consultation and Collaboration: A New Path or a Dead End?

Instead of these rules and data collection, the bill calls for a consultation process. HUD is required to work with state, local, and public housing officials to come up with new recommendations that support the Fair Housing Act (SEC. 4). This consultation has to be diverse, including officials from different regions and economic backgrounds, and has to emphasize collaboration (SEC. 4). The Secretary has 12 months to publish a draft report, and the final report is due within 12 months of the Act's enactment. Any recommendation needs the agreement of both the Secretary and the consulted officials. If they can't agree, the report has to explain why.

There's a 180-day public comment period built in, so everyday citizens can provide input (SEC. 4). But the key here is the requirement for consensus. It gives a lot of power to state and local officials in shaping the future of federal fair housing policy. Whether that leads to stronger, more tailored solutions or weaker, watered-down ones remains to be seen.