Texas Law Lets Neighbors Block Housing Development

A century-old law calls for a three-fourths vote to approve new projects when neighbors oppose the project, blocking affordable housing and multifamily developments.

2 minute read

October 17, 2024, 8:00 AM PDT

By Diana Ionescu @aworkoffiction


High-rise buildings under construction.

GalinaSt / Adobe Stock

A Texas state law requires a supermajority (three-fourths) vote in city councils to approve zoning amendments “when property owners of more than 20% of the adjacent property are opposed to the change in zoning” regardless of how many property owners are adjacent to the property in question, effectively killing many housing developments, according to reporting by Iris Dimmick in the San Antonio Report.

Under the current law, “The voices of current property owners have higher priority under the valid petition law than the potential tenants or beneficiaries of affordable housing.” San Antonio Mayor Ron Nirenberg supports eliminating the supermajority rule, noting that “Placing a supermajority threshold for the purposes of giving some members of the community an outsized voice to exclude people is, in my view, anti-democratic.”

Zoning amendments are the only type of change that requires a 75 percent supermajority, Dimmick adds. “Examples across the state show that the valid petition law has interfered with several affordable housing projects, from a single garage apartment, to multifamily projects like Vista Park and acres of single-family homes.”

The ‘valid petition’ law can be traced back to a 1920s New York City zoning ordinance that became part of the federal Standard State Zoning Enabling Act, which stemmed from the desire of Fifth Avenue merchants to exclude Jewish businesspeople from opening shop near them. Today, at least 20 states have a valid petition process on the books. 

According to researcher Salim Furth, the law has a chilling effect on new multifamily development, even when it is not officially used to block a project. For housing activists, reforming the law would clear up a bottleneck for new housing development and prevent a small number of property owners from blocking new affordable housing.

Wednesday, October 9, 2024 in San Antonio Report

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

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

September 16, 2026 - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

Geese flock to a frozen pond in Aurora, Colorado. There are houses in the background.

Colorado’s Largest Data Center Could Rise Next to Homes — Without a Public Hearing

The proposed campus would consume 11 times the power of Denver International Airport; as it has across the country, opposition mounts.

September 17, 2026 - Capital & Main

A coal power plant in Iowa billows smoke into the air.

Nation's most wind-powered state turns to coal as data centers increase energy demand

For the first time in decades, Iowa has increased its generation of coal power.

September 17 - Inside Climate News

A sign on a fence describing the rain garden behind it.

NYC cools commuters with city's first rain garden above a bus stop

New York City officials say the plants in the rain garden can absorb 16 gallons of rainwater during heavy storms.

September 17 - Gothamist

A map showing Brightline West's intended route from  Las Vegas to Rancho Cucamonga, California.

Brightline West’s future may rely on $6 billion federal loan

The company has until Nov. 2 to make a $400 million equity investment into its proposed high-speed rail line.

September 17 - Smart Cities Dive

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.