Enacted 2023 Affordable Housing Legislation

Arizona

HCM 2002 | Encourages federal government to sell underused federal land to state and local governments in order to build more affordable residential housing.

Florida

SB 102 | Allows local government entities to adopt laws for the purpose of increasing the supply of affordable housing. Allows the Board of County Commissioners to approve affordable housing development.

Hawaii

HR 188 | Requests the Office of Planning and Sustainable Development to convene a working group to identify sites of land that can accommodate new affordable housing.

HR 205 | Reports data on the “severe housing crisis” within the state and urges the Hawaii Housing Finance and Development Corporation to provide loans or grants to buyers at certain income levels.

SR 50 | Reports data on unspent TANF money and the unaffordable rental housing situation and urges the introduction of legislation to allow TANF money to be allocated to the construction of transitional supportive housing and affordable rental housing.

Oregon

HB 2001 | Establishes the Oregon Housing Needs Analysis within the Department of Administrative Services. The bill intends to analyze housing needs and produce housing units in accordance with those needs.

Fecteau reported the completion of 192 housing units since LD 1645 was enacted, with an additional 701 units in the works. The governor’s budget includes an additional $35 million for the tax credit that could lead to the development of 350 more units.

Additional housing initiatives in Maine include the Rural Affordable Rental Program and protecting United States Department of Agriculture Section 515 properties — the latter of which employs the use of the state’s tax credit. Mills has also proposed $10 million for a new Innovation Fund for Attainable Housing, expediting the production of affordable housing for qualified renters and homebuyers.

EQUITY FOR THE “MISSING MIDDLE”

Fecteau’s other prominent work came with 2022’s enactment of LD 2003, advancing affordable housing and housing-friendly zoning and land use regulations. The legislation resulted in the creation of a local zoning and land use commission that delivered recommendations to the governor’s office in December 2021 allowing, “Maine property owners to build

South Dakota

SB 41 | Provides $150 million in funding for housing infrastructure loans and grants.

Utah

SB 240 | Establishes First-Time Homebuyer Assistance Program within the Utah Housing Corporation. Programs funds are available for use by first-time homebuyers only for certain housing. Rules for the program are to be determined by the Utah Housing Corporation.

Virginia

SB 1114 | Creates the responsibility for the Department of Housing and Community Development to develop a plan to guide the development of housing programs to meet community needs, particularly those of low- and moderate-income communities and individuals.

Washington, D.C.

PR 25-0065 | PR 25-0078 | PR 25-0156 | PR 25-0157 | PR 25-0001 accessory dwelling units in residential areas and up to two units on a lot zoned for single-family housing.”

Various resolutions were passed entering Washington, D.C., into a 15-year subsidy contract that funded costs for affordable housing units.

Source: FiscalNote and the National Conference of State Legislatures Housing and Homelessness Legislation Database.

Although it could possibly aid growing housing issues, the topic of zoning is a highly debated one. In February, NPR reported on the discussion to end single-family zoning mandates in Arlington, Virginia, thus paving the way for new housing opportunities. As part of Arlington’s “missing middle” housing reform plan, developers could construct multiple units on a single-family lot, including duplexes up to six-unit buildings.

Arlington, much like Minneapolis and the states of Maine, California, Oregon and Washington before it, looked to capitalize on an opportunity to do more than increase affordable housing — it looked to re-establish racial equity in areas previously segregated by single-family zoning laws, as well as limit the need for commuting.

The “missing middle” plan, which was ultimately passed in March, included opposition who believed that not even increased community density would improve pricing. Other local Arlington homeowners were also concerned about potential parking issues, high taxes and flooding.

Public outcry led to city commissioners in Gainesville, Florida, reversing course on their decision to end single-family zoning just months after adopting the plan. Gainesville was originally the first city to adopt the plan after Florida Statute 163.31771 passed in 2021.

The following examples of state adopted affordable housing legislation include that plan and more:

California Assembly Bill 2162 (2018) encourages the production of supportive housing statewide by mandating streamlined and expedited approval for such projects and the elimination of minimum parking requirements for developments located within half a mile of public transit.

Florida Statute 163.31771 allows localities with a shortage of affordable rental housing to adopt an ordinance permitting accessory dwelling units in single-family residential areas to increase the availability of affordable housing for low and moderate-income individuals.

Massachusetts State Statute 40B enables local zoning boards of appeals to approve affordable housing developments under flexible rules if at least 20-25% of the units have long-term affordability restrictions.

Oregon HB 2001 (2019) implemented state-level legalization of “missing middle” housing. It expands the areas across the state available for duplex construction.

Utah SB 153 (2023) establishes the Redevelopment Matching Grant Program under which local governments can qualify if they have an approved development application that allows for “the creation of new or additional affordable housing units.”

“People achieve economic prosperity through homeownership. In some cases, being a homeowner is going to be what sets someone up for economic security in their later years,” Fecteau said. “Obviously, we want folks to take every initiative they can to save and plan for retirement, but homeownership is a very critical means to economic security and prosperity.”