Regulatory Barriers Clearinghouse: Terminology Definitions

The definitions below should enable you to better understand the information in the database. In some instances, an activity/regulation may fall under more than one category. If so, we have included it under both topic areas.

Barriers: Barriers are defined as those state and local laws, regulations, and policies adversely affecting the development, maintenance, improvement, availability, and/or cost of affordable housing.

Solutions: Solutions are defined as those state and local activities, strategies, policies, and plans that remove or ameliorate the negative effects of regulatory barriers, including those that promote affordable housing and housing desegregation.

Administrative Processes & Streamlining: This is the procedure by which developers receive permission to develop affordable housing. It includes the process for obtaining zoning changes, building permits, and occupancy permits. The topic also refers to receiving approvals from each government agency involved in the development process, as well as any required public hearings or citizen meetings. It includes both the pre-construction planning activities and review activities that occur during construction.

Building & Housing Codes: Building and housing codes are state or local ordinances that prescribe certain minimum standards for construction, rehabilitation, or occupancy of affordable housing. It also relates to the acceptance or rejection of new building designs, materials, or technology intended to reduce the cost of affordable housing.

Fair Housing and Neighborhood Deconcentration: This topic refers to state and local laws that prohibit discrimination based on race, color, religion, sex, handicap, familial status, and national origin. It also refers to actions taken by state or local governments to enforce or evade these laws.

Fees and Dedications: Fees and Dedications are state and local requirements for the payment of fees, dedication of property, or installation of infrastructure to meet the increased demand on public services that result from a particular development.

Planning & Growth Restrictions: Barriers and solutions included in this category related to the process of developing a comprehensive land use plan and the restrictions placed on future development based on a map of the community. The topic also covers activities such as smart growth programs, sewer and building permit moratoriums, or requirements for fiscal impact studies.

Redevelopment/Infill: This topic refers to the rules under which abandoned or underused property is redeveloped. This topic includes inner city redevelopment, single lot infill, and brownfields redevelopment, as well as the process for obtaining the state and local government authorization to proceed with such work.

Rent Controls: Rent controls are defined as state and local government actions that restrict rent increases or service fee charges to tenants.

State and Local Environmental and Historic Preservation Regulations/Enforcement Process: This topic refers to state and local enforcement of environmental and historic preservation laws. The topic also includes additional regulations promulgated by state and local governments that exceed federal requirements.

Tax Policies: Any barriers or solutions in this category are state and local tax policies that impact housing affordability, and include laws related to property taxes, tax assessments, transfer taxes, and sales taxes on building materials. It also refers to tax abatements or concessions and homestead exemptions.

Zoning, Land Development, Construction, and Subdivision Regulations: This category includes any rules and regulations that affect the use of land. It also contains rules and regulations that permit an owner to divide his land into smaller tracts. (The process for obtaining approval for zoning changes and or the subdividing of land is to be included in topic 1.) These activities include barriers, such as exclusionary zoning, as well as solutions, such as bonus density zoning. It also includes private restrictions on the use of property, such as deed restrictions.