More States Preempting Local Regulations in the Name of Housing

California gets most of the attention, but states all over the country are removing some of the vestiges of local control to help spur housing development, require affordable housing, and control the skyrocketing cost of housing.

2 minute read

October 18, 2018, 10:00 AM PDT

By James Brasuell @CasualBrasuell


California State Capital

cmshepard / Shutterstock

Tersa Wiltz writes to explain an emerging shift in the politics of housing:

As an affordable housing crisis continues to escalate in big cities and small towns alike, states are scrambling to find ways to combat it. This year, there’s been a flurry of state legislation to tackle the problem — with radically different approaches that reflect the highly partisan national divide.

States "from South Carolina to Hawaii" are getting involved with the housing policies of local governments, according to the article. Experts from the Urban Institute, the Harvard Joint Center for Housing Studies, the National Conference of State Legislatures, the National League of Cities, the Terner Center for Housing Innovation, and the Manhattan Institute are cited in describing both the problems of the housing market and the proposed, state-level solutions.

While California has been making a lot of noise for passing and debating new laws that preempt local obstacles to development, Wiltz also notes the actions of other states, like Connecticut, South Carolina, New Jersey, Massachusetts, and Louisiana, who have either proposed or approved laws that would enable or require more housing and affordable housing development.

Hawaii and Tennessee have taken a different approach, and used state preemption to quell local affordable housing policies, like inclusionary zoning.

Meanwhile a pair of efforts at the federal level have also made motions against local control, though how substantive either of those actions might actually prove is still very much a matter of speculation. Housing and Urban Development Secretary Ben Carson has made policy proclamations that at least partly decry the overabundance of local land use and development regulations, and U.S. Senator Elizabeth Warren (D-Mass.) has proposed legislation that would strip away some local zoning laws.

Monday, October 15, 2018 in Pew Stateline

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

September 15 - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.