Establishing a White House Council on Eliminating Regulatory Barriers to Affordable Housing

This executive order creates a White House Council chaired by HUD to identify and reduce federal, state, local, and tribal regulatory barriers to affordable housing development. The Council must report within 12 months on its findings and recommendations, and is scheduled to terminate on January 21, 2021 unless extended.

Federal Register Open PDF 84 FR 30853

Impact dates

Jan 21, 2021
Council termination unless extended by President
Jun 25, 2020
Report to President on Council implementation of section 4

Key directives

Establish White House Council on Eliminating Regulatory Barriers to Affordable Housing
HUD Secretary chairs; Domestic Policy and Economic Policy Assistants serve as Vice Chairs
Vice Chairs convene regular meetings, determine agenda, direct work
Solicit feedback from state/local/tribal officials and private-sector stakeholders on regulatory barriers
Evaluate and quantify effects of regulatory barriers on housing development and economy
Identify agency actions under existing authorities to minimize federal regulatory barriers
Assess agency actions to align with and encourage state/local/tribal barrier reduction
Recommend federal/state/local/tribal actions to reduce statutory, regulatory, and administrative burdens
Submit report to President within 12 months of order date
Council terminates January 21, 2021 unless extended by President

Timeline

Immediate

Council establishment with designated chair and vice chairs
HUD to provide funding and administrative support

Near term (90d)

Council convenes regular meetings and begins soliciting stakeholder feedback
Agencies begin identifying existing authorities to reduce federal housing regulatory barriers

Long term

12-month report to President on implementation
Potential federal policy recommendations to reduce state/local regulatory barriers
Council termination on January 21, 2021 unless extended

Risks & tensions

No enforcement mechanism for state/local/tribal compliance; recommendations are non-binding
Vague scope: 'from time to time' designation of additional members creates uncertainty about Council composition
Potential tension between reducing environmental/wetland regulations and existing statutory environmental protections
Order explicitly does not create enforceable rights, limiting accountability
Termination date (January 21, 2021) coincides with presidential transition, suggesting potential political timing considerations
'Subject to availability of appropriations' qualifier may limit HUD's ability to provide promised administrative support