HR-2494-119
Referred to the House Committee on Financial Services.
Sponsored by Sheila Cherfilus-McCormick (D-FL)
What it does
This bill would amend the Housing and Community Development Act of 1992 to require the Secretary of Housing and Urban Development (HUD) to submit an annual report to Congress. The report would analyze information already collected in HUD's existing Regulatory Barriers Clearinghouse — a database of state and local housing laws, regulations, and policies — and include policy recommendations Congress could use to support successful state and local affordable housing strategies.
Who benefits
Congress, which would receive structured, regular analysis of state and local housing data it currently lacks in report form. State and local governments whose successful housing strategies could gain federal recognition and potential support. Housing researchers and policy advocates who would gain a publicly available annual federal assessment. Renters and prospective homebuyers broadly, if the report leads to more effective federal housing policy. Lower-income households, who are disproportionately affected by housing cost burdens, could benefit indirectly if the report informs targeted federal action.
Who is hurt
HUD, which would bear the administrative cost and staff time of producing an annual report, potentially diverting resources from other activities. State and local governments whose housing policies receive unfavorable analysis could face political or funding pressure. Jurisdictions with restrictive zoning or land-use policies may find those practices highlighted as barriers, creating reputational or legislative exposure. There are no direct financial costs imposed on private parties.
Supporters argue
Supporters argue that the Regulatory Barriers Clearinghouse already collects extensive data on state and local housing strategies, but that information is not systematically translated into congressional action. They contend that requiring an annual report closes a critical information gap — Congress cannot craft effective federal responses to a nationwide housing shortage without knowing which state-level approaches, such as zoning changes or density bonuses, are actually working. They point to the bill's own findings, which note the nation is short millions of housing units and that no state has been left untouched by affordability pressures.
Opponents argue
Opponents argue that the bill adds a reporting mandate without providing any new tools, funding, or enforcement mechanisms, making it an administrative exercise unlikely to produce meaningful change. They contend that housing supply and affordability are fundamentally state and local matters under the Tenth Amendment, and that a federal report with policy recommendations could be a precursor to federal pressure on local zoning decisions — an area where federal authority is constitutionally limited. They may also argue that HUD already publishes substantial housing data, and another annual report duplicates existing resources without clear added value.
Constitutional context
Housing and land use regulation is traditionally a state and local function under the Tenth Amendment. The bill does not impose mandates on states or localities, so no direct federalism conflict arises. The Commerce Clause (Art. I, §8, cl. 3) provides the constitutional basis for federal involvement in housing policy generally, as established through the Fair Housing Act framework affirmed in Texas Dept. of Housing v. Inclusive Communities (2015). No active constitutional tension is implicated by a reporting requirement alone.
Checks and balances
The executive branch (HUD/Secretary) gains a new reporting obligation to Congress, strengthening Congress's oversight and information-gathering function; no new regulatory or spending authority is created, so no additional checks are needed beyond existing congressional oversight mechanisms.
Historical precedent
Congress has previously required HUD to submit reports on housing conditions and barriers, including reporting requirements under the Housing and Community Development Act of 1992 that established the Regulatory Barriers Clearinghouse itself, though no prior provision required annual congressional reports specifically analyzing clearinghouse data.