Post-COVID Equitable Housing Preemption

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This session examines state preemption of local authority to protect tenants and expand access to affordable housing, particularly following the implementation and expiration of emergency measures passed during the COVID-19 pandemic. Many state legislatures, in both “red” and “blue” states, preempt local governments from increasing housing supply, crafting inclusionary zoning, or implementing rent regulations to alleviate housing unaffordability. This dynamic often came to a head during the COVID-19 pandemic as local governments sought to impose eviction moratoriums and extend other support to burdened renters. The sunset of these provisions during a time of high inflation and projected recession has demonstrated the need for continued local government leadership on equitable housing policies, and even where state preemption exists. Local governments may still be able advance housing equity despite preemption and there are ways that municipal attorneys can help local leaders navigate this complex landscape.

Speaker: Nestor Davidson, Berbeth Foster & Marissa Roy