Key State RolesRequire Preparation of Affordable Housing Plans
Some states require municipalities to undertake planning processes intended to help identify opportunities for the development of affordable homes and improve local effectiveness in the delivery of those homes. The resulting "housing element" or plan may be incorporated into a regularly-updated comprehensive plan that provides a framework for future development and guides local land use decisions.
For example, California state law requires all municipalities to prepare and submit a "housing element" for review by the Department of Housing and Community Development (HCD), as part of a long-term comprehensive planning process that is not otherwise subject to substantial state review. The housing element must include a housing needs analysis and site inventory, identification of government and non-government constraints to development of new homes and an action plan for achieving the local housing goals set by regional councils of governments. HCD certifies local plans as compliant and, in theory, may challenge a non-complying municipality in court to prevent the issuance of building permits until adoption of a legally valid housing element.
See also:
- The Florida Local Government Planning and Land Development Regulation Act was replaced in 2011 with the Community Planning Act. The act requires municipalities to include in their comprehensive plans a housing element that details goals, objectives and programs for meeting current and projected housing needs.
- The Washington Growth Management Act was passed in 1990 to encourage cooperative and coordinated comprehensive land use planning, and requires the fastest-growing "fully planning counties" to issue guidance on regional issues, including affordable housing.
- The Wisconsin Comprehensive Planning Law requires municipalities to develop comprehensive plans with public participation and include a housing element that explores housing objectives and goals, examines local housing needs, and identifies policies and programs that provide housing and promote housing development to meet local needs.
- Rhode Island's Comprehensive Planning and Land Use Regulation Act mandates that municipal comprehensive plans contain a housing element that inventories the local housing stock, projects housing needs, develops policies to meet housing needs, and provides an action plan to achieve housing goals.
- The Delaware State Housing Authority issued a guide
for municipalities who voluntarily choose to include housing elements
in their comprehensive plans. The guide suggests housing element incorporate housing needs
assessments, analysis of the local housing development environment, project
housing needs, and developing housing goals and benchmarks.
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