PolicyBrief
H.R. 1769
119th CongressMar 3rd 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, Local Control Boosted

The "Local Zoning Decisions Protection Act of 2025" (SEC. 1) basically throws out a bunch of HUD rules aimed at addressing housing discrimination, and it puts a lot more power in the hands of local governments when it comes to zoning and fair housing.

Ditching the Feds' Fair Housing Playbook

The core of this bill (SEC. 2) is all about canceling several HUD rules related to "Affirmatively Furthering Fair Housing" (AFFH). Think of AFFH as the federal government's way of making sure communities actively work against housing discrimination and segregation. This bill nixes:

  • A proposed rule from February 9, 2023.
  • An interim rule from June 10, 2021.
  • The final AFFH rule from July 16, 2015.
  • A notice about the "Affirmatively Furthering Fair Housing Assessment Tool" from December 31, 2015.

And it's not just these specific rules. The bill also blocks any similar rules or notices HUD might try to put out in the future. Basically, the feds are getting sidelined on this issue.

No More Maps? Data Limits and Local Input

Another big change (SEC. 3): no federal money can be used to create or maintain a database that tracks racial disparities in communities or access to affordable housing. So, those detailed maps showing where different groups live and what kind of housing they can access? The federal government can't make or keep those anymore, at least not with federal funds.

Instead of federal rules, the bill (SEC. 4) says HUD has to sit down with state, local, and public housing officials to come up with new recommendations for supporting the Fair Housing Act. This has to be a collaborative effort, involving a diverse group of officials from different regions and backgrounds, and it has to be transparent. The Secretary of HUD has 12 months to publish a draft report, but here's the catch: the report can only include recommendations that everyone agrees on. If there's disagreement, the report has to spell out exactly what people couldn't agree on and why. There will be 180-day public review and comment period. After, the Secretary, in consultation with state, local, and public housing officials, will address the comments and prepare a final report. The final report has to be made publicly available online within 12 months of the Act's enactment.

Real-World Impact: Who Feels This?

  • Homebuyers/Renters: If you're looking for a place to live, especially in a community with a history of segregation, this bill could make it harder to challenge discriminatory practices. Without strong federal oversight, fair housing enforcement might depend more on local policies, which can vary a lot.
  • Developers: If you're building housing, this bill could mean fewer federal hoops to jump through, especially if you're in an area where AFFH rules were seen as a burden. But, it also means you might face different rules in different towns.
  • Local Governments: This is a win for local control. Towns and cities get more say in how they address (or don't address) housing segregation and affordability. The question is, will they use that power to make things better or worse?
  • Public Housing Agencies: The bill specifically says that public housing officials need to be part of the conversation. This means that agencies that are already working on fair housing initiatives will have a voice at the table, but agencies may also face less pressure from the federal government to address discrimination.

The Big Picture

This bill is a major shift in how the federal government approaches fair housing. It's moving away from federal mandates and towards local control. This could lead to some creative, locally-tailored solutions. For example, a rural town might come up with a different approach to fair housing than a big city. But, it also raises concerns about whether some communities will actually do anything to address housing discrimination without federal pressure. It also fits into a bigger debate about federal vs. local power, and how much the federal government should be involved in issues like housing and zoning.