Housing Market Liberation & Affordability Act

​Prepared by: John Dady

Contact: citizensagainsttyranny.net | citizensagainsttyranny1776@gmail.com

​Title I — Findings, Purpose, and Policy

​Sec. 101. Findings

​Millions of working- and middle-income families have been denied access to safe, modern, and affordable housing because of state and local barriers that restricted or excluded manufactured and modular homes.

​These barriers were often enacted under pressure from protectionist building-trade interests and perpetuated by discriminatory planning and zoning practices.

​Many jurisdictions improperly attempted to hold federally-regulated HUD-code homes to inferior or conflicting state and local construction standards, contrary to federal pre-emption.

​Such policies suppressed competition, reduced housing supply, and drove up the cost of renting and owning a home.

​Modern manufactured and modular homes are typically more affordable, precision-built, and substantially more energy-efficient than much of the existing site-built housing stock.

​Sec. 102. Purpose and Policy

​It is the policy of this Act to (a) end exclusionary single-family-only zoning in transit-rich and commercial areas; (b) require ministerial, by-right permitting for conforming housing; and (c) guarantee equitable treatment of HUD-certified manufactured homes and code-compliant modular homes as lawful residential options, including multi-unit formats up to three (3) stories.

​Title II — Zoning Reform and Supply

​Sec. 201. Abolition of Single-Family-Only Zoning in Key Areas

​Within mapped transit-rich areas and designated commercial corridors, local governments shall allow by-right residential construction at densities permitting duplexes, triplexes, fourplexes, townhomes, and multifamily buildings up to three (3) stories above grade.

​Local governments may adopt objective design standards, but such standards shall not reduce the minimum densities specified in subsection (a).

​Sec. 202. Parking and Lot Standards

​Minimum off-street parking requirements shall not exceed two (2) spaces per dwelling unit in the areas described in Sec. 201.

​Minimum lot-size, frontage, and unit-size rules shall not preclude the housing forms authorized by this Title.

​Title III — Ministerial Permitting (Anti-NIMBY)

​Sec. 301. By-Right Review

​Any conforming residential project under this Act shall receive ministerial (administrative) approval within ninety (90) days of a complete application.

​Prohibited Discretion: Public hearings, neighbor vetoes, and discretionary review bodies shall not be required or used for conforming projects.

​Sec. 302. Objective Standards and Timelines

​Agencies shall publish an objective checklist of all applicable standards within 120 days of enactment.

​Failure to act within the timeline in Sec. 301 shall result in automatic approval deemed issued by operation of law.

​Title IV — Manufactured & Modular Housing Equity

​Sec. 401. Equal Residential Legality

​Jurisdictions shall not ban HUD-certified manufactured homes or state-approved modular homes on permanent foundations in any residential zone where site-built single- or multi-family dwellings are permitted.

​No state or local government may restrict or prohibit a housing form authorized under Section 201 solely because it is factory-built. HUD-code manufactured homes placed on a permanent foundation shall be deemed to satisfy all residential-construction requirements applicable to comparable site-built dwellings, and no additional local building-code standards may be imposed. Modular homes shall be accepted if they comply with the applicable state-approved modular building code and other generally applicable health, fire-safety, and energy standards.

​Sec. 402. Aesthetic and Code Neutrality

​Outright or de facto exclusions based on roof pitch exceeding 4:12, exterior materials, or other aesthetic mandates that add cost without a documented life-safety purpose are prohibited.

​Sec. 403. Energy and Quality Findings

​Congress finds that modern manufactured and modular homes are often lower-cost, precision-built, and highly energy-efficient relative to many site-built homes, creating meaningful household savings on utilities and total cost of ownership.

​Title V — Enforcement and Incentives

​Sec. 501. Compliance Deadline

​States shall certify local compliance within twenty-four (24) months of enactment.

​Sec. 502. Penalty for Non-Compliance

​Beginning the first day of the twenty-fifth (25th) month after enactment, non-compliant states shall incur an automatic twenty percent (20%) reduction in Federal Highway, Mass Transit, and Transportation-Infrastructure funds, continuing until compliance is certified by the Secretary of Transportation.

​Sec. 503. Judicial Review

​Final agency compliance determinations shall be reviewable under the Administrative Procedure Act.

​Statutory Authority & Enforcement Appendix

​I. Constitutional Authority

​Spending Clause (Art. I, § 8, cl. 1) — Congress may attach clear, proportionate conditions to federal funds.

​Commerce Clause (Art. I, § 8, cl. 3) — Land-use barriers that substantially affect interstate housing markets, materials, and labor mobility may be pre-empted.

​Supremacy Clause (Art. VI, cl. 2) — Valid federal conditions pre-empt conflicting state or local law.

​II. Key Statutory Precedents

​23 U.S.C. §§ 104–106, 402 — Long-standing conditional highway/transit funding.

​42 U.S.C. § 5301 et seq. (CDBG) and § 12701 et seq. (HOME) — Federal housing funds conditioned on local compliance.

​South Dakota v. Dole, 483 U.S. 203 (1987) — Conditional spending upheld.

​NFIB v. Sebelius, 567 U.S. 519 (2012) — Conditions must be clear, germane, and not unduly coercive.

​III. Application

​Titles II–IV are enforced via Spending-Clause conditions tied to transportation funds; objective, proportionate, and germane to federal interests in mobility, affordability, and efficient infrastructure investment.

​IV. Severability

​If any provision is held invalid, the remainder shall continue in effect.

​SECTION 2 – Statutory Summary

​Purpose: End exclusionary zoning, accelerate by-right approvals, and guarantee equal treatment of manufactured and modular housing to expand supply and lower costs.

​Enforcement: States missing the 24-month compliance deadline face an automatic 20% reduction in Federal Highway/Transit/Infrastructure funds until certified compliant.

​Authority: Spending Clause & Commerce Clause; 23 U.S.C. §§ 104–106, 402; CDBG/HOME statutes; South Dakota v. Dole (1987); NFIB v. Sebelius (2012).

​SECTION 3 – For the People Explainer

​Why This Matters

​Rents and starter-home prices are too high because rules block affordable types of homes and add years of delay.

​What This Bill Does for You

​Opens the door for duplexes, triplexes, fourplexes, townhomes, and up-to-3-story buildings in transit and commercial areas.

​Requires fast, by-right permits — no endless hearings for compliant projects.

​Protects modern manufactured & modular homes that are often lower-cost, better-built, and more energy-efficient — saving on mortgage and utilities.

​Bottom Line

​More homes, built faster, at prices families can afford — with safe, modern standards.