Effective Date: September 7th, 2021
Key points:
Clarification of Local Authority:
The act clarifies that cities and counties can regulate land use to promote the construction of new affordable housing units.
Exemption from Rent Control Prohibitions:
Land use regulations that restrict rents on newly constructed or redeveloped housing units are exempt from the state's rent control statute, provided they offer property owners or developers options and alternatives to building affordable housing on-site.
Prerequisites for Exercising Authority:
Before implementing such regulations, local governments must demonstrate actions taken to increase housing supply or promote affordable housing, such as:
Adopting zoning changes to increase housing density.
Reducing or eliminating utility charges, regulatory fees, or taxes for affordable housing units.
Providing regulatory relief from land development restrictions.
Making surplus property available for housing development.
Guidance from the Department of Local Affairs:
The Department is tasked with offering guidance to assist local governments in implementing these provisions. =
This legislation aims to empower local governments to actively facilitate affordable housing development through tailored land use regulations.
