This Act nullifies specific HUD rules regarding Affirmatively Furthering Fair Housing, prohibits federal spending on disparity mapping, and mandates a consultation process with local officials to develop consensus-based recommendations for meeting Fair Housing Act goals.
Mike Lee
Senator
UT
The Local Zoning Decisions Protection Act of 2025 voids specific past and proposed HUD rules related to "Affirmatively Furthering Fair Housing" (AFFH). The bill prohibits the use of federal funds for creating or maintaining federal databases that map racial or housing disparities. Finally, it mandates a consultation process between HUD and local officials to develop recommendations on meeting Fair Housing Act goals without new federal regulations.
The aptly named 'Local Zoning Decisions Protection Act of 2025' is a major shake-up for federal housing policy, effectively hitting the reset button on efforts to promote fair housing at the local level. This bill focuses on two big things: wiping out existing rules that guide how local governments must address housing equity, and banning the federal government from tracking where housing disparities actually exist.
Section 2 of this act is about nullification. It voids several key rules and notices from the Department of Housing and Urban Development (HUD) related to 'Affirmatively Furthering Fair Housing' (AFFH). Think of AFFH as the federal government’s attempt to make sure that when local communities receive federal housing money, they are actively working to dismantle segregation and housing discrimination, not just avoiding it. This bill explicitly cancels the 2015 final rule, the 2021 interim rule, and the 2023 proposed rule on AFFH, along with any future rules that look substantially similar.
What this means for everyday people is that the federal mechanism designed to push local governments toward more inclusive zoning and housing practices is gone. If you live in a community where affordable housing is non-existent or concentrated in specific areas, the federal pressure on your local council to change those policies has just been removed. Local control over zoning is strengthened, but the incentive to use federal funds to address housing inequality is significantly weakened.
Section 3 puts a hard stop on federal data collection regarding housing equity. It bans the use of any Federal funds to create, maintain, or use a Federal database that maps out racial disparities in communities or tracks gaps in affordable housing access. This is a massive shift. Data is how we identify problems; it’s how advocates and policymakers pinpoint where housing segregation is most acute.
Imagine a city planner or a community advocate trying to argue for better transit or housing access in a specific neighborhood. They often rely on federal data to show systemic neglect or disparity. Under this bill, the government can no longer spend money to build or run these national maps. While local entities can still collect their own data, this federal prohibition makes it much harder to get a comprehensive, national picture of housing inequality, essentially eliminating the federal government’s ability to track its own progress—or lack thereof—on fair housing goals.
Section 4 mandates that the Secretary of HUD must consult with state and local officials to find ways to support the goals of the Fair Housing Act, but here’s the catch: any recommendation included in the final report must be unanimously agreed upon by HUD, state officials, local officials, and public housing agencies. If they can’t reach consensus on a proposal, it doesn't move forward.
This requirement for unanimity is a procedural hurdle that could easily lead to gridlock. Picture a situation where 99 out of 100 officials agree on a sensible recommendation, but one local entity with a vested interest in maintaining the status quo objects. That one objection kills the recommendation for everyone. While the goal of collaboration is good, this consensus requirement means that it will be incredibly difficult for HUD to develop any meaningful, unified national recommendations moving forward, cementing the changes made in the first two sections.