--- kind: "range" citation: "42 U.S.C. §§ 12705a–12705d" title: "42" from: "12705a" to: "12705d" count: 4 release: "119-102" url: "https://uscodex.org/usc/42/12705a..12705d" --- # §12705a. Purposes of Removal of Regulatory Barriers to Affordable Housing Act The purposes of [sections 12705a to 12705d](/usc/42/12705a..12705d.md) of this title are— - (1) to encourage [State](/usc/42/12704.md?p=2) and [local governments](/usc/42/8401a.md) to further identify and [remove](/usc/42/9601.md?p=23) [regulatory barriers to affordable housing](/usc/42/12705b.md) (including barriers that are excessive, unnecessary, duplicative, or exclusionary) that significantly increase [housing](/usc/42/12704.md?p=8) costs and limit the supply of affordable [housing](/usc/42/12704.md?p=8); and - (2) to strengthen the connection between Federal [housing assistance](/usc/42/13641.md?p=3) and [State](/usc/42/12704.md?p=2) and local efforts to identify and eliminate [regulatory barriers](/usc/42/12705b.md). # §12705b. Definition of regulatory barriers to affordable housing For purposes of [sections 12705a to 12705d](/usc/42/12705a..12705d.md) of this title, the terms “regulatory barriers to affordable housing” and “regulatory barriers” mean any public policies (including policies embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by a [jurisdiction](/usc/42/12704.md?p=3) in connection with its comprehensive [housing](/usc/42/12704.md?p=8) affordability strategy under [section 12705(b)(4) of this title](/usc/42/12705.md?p=b-4). Such terms do not include policies relating to rents imposed on a structure by a [jurisdiction](/usc/42/12704.md?p=3) or policies that have served to create or preserve, or can be shown to create or preserve, [housing](/usc/42/12704.md?p=8) for low- and [very low-income families](/usc/42/12704.md?p=9), including displacement protections, demolition controls, replacement [housing](/usc/42/12704.md?p=8) requirements, relocation benefits, [housing](/usc/42/12704.md?p=8) [trust](/usc/42/12854.md?p=6) [funds](/usc/42/12854.md?p=3), 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. # §12705c. Grants for regulatory barrier removal strategies and implementation - (a) **Funding—** There is authorized to be appropriated for grants under subsections [(b)](#b) and [(c)](#c)[^1] such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005. - (b) **Grant authority—** The [Secretary](/usc/42/12704.md?p=16) may make grants to [States](/usc/42/12704.md?p=2) and [units](/usc/42/1395w–114b.md?p=g-2) of general [local government](/usc/42/8401a.md) (including consortia of such governments) for the costs of developing and implementing strategies to [remove](/usc/42/9601.md?p=23) [regulatory barriers to affordable housing](#d), including the costs of— - (1) identifying, assessing, and monitoring [State](/usc/42/12704.md?p=2) and local [regulatory barriers](#d); - (2) identifying [State](/usc/42/12704.md?p=2) and local policies (including laws and regulations) that permit or encourage [regulatory barriers](#d); - (3) developing legislation to provide [State](/usc/42/12704.md?p=2), local, or regional [programs](/usc/42/274l–1.md?p=4) to reduce [regulatory barriers](#d) and developing a strategy for adoption of such legislation; - (4) developing model [State](/usc/42/12704.md?p=2) or local [standards](/usc/42/1320d.md?p=7) and ordinances to reduce [regulatory barriers](#d) and assisting in the adoption and use of the [standards](/usc/42/1320d.md?p=7) and ordinances; - (5) carrying out the simplification and consolidation of administrative procedures and processes constituting [regulatory barriers to affordable housing](#d), including the issuance of permits; and - (6) providing technical assistance and information to [units](/usc/42/1395w–114b.md?p=g-2) of general [local government](/usc/42/8401a.md) for implementation of legislative and administrative reform [programs](/usc/42/274l–1.md?p=4) to [remove](/usc/42/9601.md?p=23) [regulatory barriers to affordable housing](#d). - (c) **Repealed. Pub. L. 106–569, title I, § 102(c), Dec. 27, 2000, 114 Stat. 2947—** - (d) **Definitions—** For purposes of this section, the terms “regulatory barriers to affordable housing” and “regulatory barriers” have the meaning given such terms in [section 12705b of this title](/usc/42/12705b.md). - (e) **Application and selection—** The [Secretary](/usc/42/12704.md?p=16) shall provide for the form and manner of applications for grants under this section, which shall describe how grant amounts will assist the [State](/usc/42/12704.md?p=2) or [unit of general local government](/usc/42/803.md?p=g-10) in developing and implementing strategies to [remove](/usc/42/9601.md?p=23) [regulatory barriers to affordable housing](#d). The [Secretary](/usc/42/12704.md?p=16) shall establish criteria for approval of applications under this subsection and such criteria shall require that grant amounts be used in a manner consistent with the strategy contained in the comprehensive [housing](/usc/42/12704.md?p=8) affordability strategy for the [jurisdiction](/usc/42/12704.md?p=3) pursuant to [section 12705(b)(4) of this title](/usc/42/12705.md?p=b-4). - (f) **Selection of grantees—** To the extent amounts are made available to carry out this section, the [Secretary](/usc/42/12704.md?p=16) shall provide grants on a competitive basis to eligible grantees based on the proposed uses of such amounts, as provided in applications under [subsection (e)](#e). - (g) **Coordination with clearinghouse—** Each [State](/usc/42/12704.md?p=2) and [unit of general local government](/usc/42/803.md?p=g-10) receiving a grant under this section, shall consult, coordinate, and [exchange](/usc/42/300gg–91.md?p=d-21) information with the clearinghouse established under [section 12705d of this title](/usc/42/12705d.md). - (h) **Reports to Secretary—** Each [State](/usc/42/12704.md?p=2) and [unit of general local government](/usc/42/803.md?p=g-10) receiving a grant under this section shall submit a report to the [Secretary](/usc/42/12704.md?p=16), not less than 12 months after receiving the grant, describing any activities carried out with the grant amounts. The report shall contain an assessment of the impact of any [regulatory barriers](#d) identified by the grantee on the [housing](/usc/42/12704.md?p=8) patterns of [minorities](/usc/42/299a–1.md?p=d-2). # [§12705d. Repealed. Pub. L. 119–101, title I, § 107(c)(2), July 11, 2026, 140 Stat. 859 — repealed]