Sec. 114. Supporting pro-housing development
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In this section: The term duplex means a residential building divided into 2 units, each of which has a separate entrance. The term eligible activity means an activity authorized under section 105(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a) ). The term eligible entity means a jurisdiction that adopts a zoning and community planning method described in subsection (d)(4) after the date of enactment of this Act. The term floor area ratio means the measurement of the floor area of a building in relation to the size of the unit of land on which the building is located.
The term jurisdiction has the meaning given the term in section 91.5 of title 24, Code of Federal Regulations, or any successor regulation. The term low-income has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). The term mixed use housing means a building with— retail or other business, public service, or nonprofit establishments at the ground level or a lower level; and not less than 1 story of residential units above the establishments described in subparagraph (A).
The term quadplex means a residential building divided into 4 units, each of which has a separate entrance. The term Secretary means the Secretary of Housing and Urban Development. The term triplex means a residential building divided into 3 units, each of which has a separate entrance. The term multifamily housing — means housing accommodations that— are designed principally for residential use; conform to standards satisfactory to the Secretary; and consist of not less than 5 rental units on a site; and includes units that are detached, semidetached, row house, or multifamily structures.
The Secretary shall require a jurisdiction that receives, directly or indirectly, any funding from the Secretary to submit to the Secretary a report containing information about the zoning and community planning methods of the jurisdiction, unless the jurisdiction already reports such information. Upon receiving a report described in paragraph
(1)from a jurisdiction, the Secretary may request additional information, at the discretion of the Secretary. On and after the date that is 180 days after the date of enactment of this Act, a jurisdiction that uses a zoning and community planning method described in paragraph
(2)may not receive, directly or indirectly, amounts from a grant awarded under subsection (d). The methods referred to in paragraph
(1)are the following: Prohibiting or discouraging duplexes in areas zoned for single-family homes. Prohibiting or discouraging single-room occupancy development in areas zoned for multifamily homes. In areas within one half-mile of a multimodal transit stop, maintaining requirements of more than 1 parking spot for a resident’s car per residential unit. Prohibiting or discouraging accessory dwelling units (commonly known as an ADU or granny flat ) on the premises of single-family homes. Prohibiting or discouraging the conversion of commercial property into residential property. Prohibiting or discouraging the development of multifamily housing or mixed-use housing in commercial areas. A jurisdiction shall not be penalized under paragraph
(1)based on the use of a zoning and community planning method described in paragraph
(2)over which the jurisdiction does not have control. The Secretary shall establish a program under which the Secretary awards competitive grants to eligible entities to use for eligible activities. In awarding grants under paragraph (1), the Secretary— shall give priority to an eligible entity that adopt more than one of the zoning and community planning methods described in paragraph (4); and in giving priority to an eligible entity under subparagraph
(A)of this paragraph, shall base the degree of priority given on the number of such methods that the eligible entity has adopted, relative to the number of such methods that each other eligible entity has adopted. The amount of a grant awarded to an eligible entity under paragraph
(1)shall be not less than— $5,000,000 for an eligible entity with a population of less than 80,000; $20,000,000 for an eligible entity with a population of less than 100,000; $40,000,000 for an eligible entity with a population of less than 500,000; $100,000,000 for an eligible entity with a population of less than 1,000,000; and $125,000,000 for an eligible entity with a population of not less than 1,000,000. The Secretary shall calculate the population of an eligible entity for purposes of subparagraph
(A)using the most recently available data from the Bureau of the Census. The zoning and community planning methods described in this paragraph are the following: Allowing— duplexes, triplexes, and quadplexes, or other multifamily housing, in areas zoned for single-family homes; the subdivision of existing single-family homes into multiple units; and waivers to permitting or zoning requirements to incentivize the construction of— accessory dwelling units; additions to existing single-family homes to create duplexes, triplexes, or quadplexes; or other additions that do not require demolition of an existing home on a given unit of land. Incentivizing the development of single-room occupancy multifamily housing and accessory dwelling units through expedited permitting, reduced fees, or other incentives. Not imposing a minimum lot size or minimum unit square-foot requirements. Incentivizing the development of commercial property into residential housing. Eliminating or lowering requirements for per-unit parking spots. Allowing increased floor area ratios. Eliminating or raising height limits on development to encourage building vertically rather than horizontally. Waiving or eliminating fees or permits for development in exchange for the development of a larger number of units that are affordable to low-income people. The Secretary may promulgate any regulations necessary to carry out this subsection. There are authorized to be appropriated to carry out this subsection $4,000,000,000 for each of fiscal years 2022 through 2027.
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