EHI Issues Revised Draft Statute to Ban Exclusionary Housing Practices Comprehensively
Major reform of land use regulations is needed, in order to combat exclusionary zoning and other economically exclusionary housing practices. The Equitable Housing Institute (EHI) has issued a new draft Economic Fair Housing Act (EFHA), in response to numerous comments from experts in housing legislation. To access that document, please click on EFHA-rev.-draft-June-2022.
There is an emerging consensus to that effect among housing policy experts, economists, and even Presidents of the United States—across the political spectrum. (For more about that virtual consensus, please click on EMERGING CONSENSUS ON REGULATORY BARRIERS TO HOUSING AFFORDABILITY.)
In response, EHI issued a preliminary report in December 2019 that contained its initial recommendations for a new statute that would ban exclusionary and discriminatory housing practices comprehensively—including economically exclusionary housing practices. Such a statute could be enacted by any state, or by the federal government (in a somewhat different form). To access that report, please click on TOWARD A COMPREHENSIVE BAN ON EXCLUSIONARY HOUSING PRACTICES.
In November 2020, EHI drafted more extensive provisions toward a federal legislative proposal on the subject, with explanatory comments. To access that document, please click on ECONOMIC FAIR HOUSING ACT DRAFT PROVISIONS--NOV. 2020.
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Leveling the playing field regarding housing opportunities
EHI recommends “leveling the playing field” for victims of economically exclusionary housing practices, by authorizing courts to require reimbursement of their litigation expenses by violators. For more, please click on please click on LEVELING THE PLAYING FIELD FOR VICTIMS OF UNLAWFUL, EXCLUSIONARY HOUSING PRACTICES.
Interstate effects of exclusionary housing practices
EHI analyzes whether Congress has Constitutional authority to prohibit unwarranted state and local regulatory restrictions on housing supply, if those restrictions affect interstate commerce—as a number of recent studies indicate they now do. For more, please click on INTERSTATE EFFECTS OF REG. BARRIERS (2017).