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50 <br />City of Cuyahoga Falls, Ohio 29 <br />Q Anal sis of Im ediments to Fair Housin Choice <br />is the other ... as practiced, zoning and other land -use regulations can diminish the general <br />availability of good quality, low -cost dwellings...." 34 Concerning the adoption and <br />administration of building codes, Dr. Lai states " ...local building codes also often serve an <br />Exclusionary function ... (they) have become a considerable barrier to the potential <br />economics that could be realized through manufactured housing techniques. ". <br />6.2 Introduction <br />Not In My Backyard, Removing Barriers to Affordable Housing, was published by the <br />Advisory Commission on Regulatory Barriers and Affordable Housing. In the forward, then <br />HUD Secretary Jack Kemp wrote that the Commissions disturbing conclusion is that <br />exclusionary, discriminatory and unnecessary regulations constitute formidable barriers to <br />affordable housing. ..,,53 Not In My Backyard..., cites excessive subdivision standards, fees, <br />slow and burdensome permitting processes, applying building codes for new construction <br />to rehabilitation and NIMBY as among the most serious barriers. <br />The Advisory Commission concluded that states should take action to alleviate barriers to <br />affordable housing. States are in a unique position, for both constitutional and practical <br />reasons, to deal with regulatory barriers to affordable housing. Constitutionally, all authority <br />exercised by units of local government over land use and development derives wholly from <br />the State... which is therefore uniquely situated to undertake reform of the collage of local <br />regulations, as well as the State requirements that overlay them." <br />Patricia E. Salkin, Director of the Government Law Center, Albany Law School, offers a <br />balanced view of the theoretical degree to which land use and building controls add <br />housing cost in her April 1993 article in the publication, Land Use Law. Ms. Salkin correctly <br />speculates that "It is time to openly discuss and debate the Report (Not In My Backyard...) <br />and perhaps launch an empirical study to refute or substantiate the document - just how <br />much do land -use regulations drive up the cost of housing? The real public policy issue <br />in the debate is this: What is the most constructive balance between the public interest in <br />affordable housing versus the public interests involved in land -use control ? "54 <br />The Council of State Community Development Agencies (COSCDA), published Making <br />Housing Affordable: Breaking Down Regulatory Barriers - A Self - Assessment Guide for <br />States published in the late 1990's. The 'Guide' cites the common issues raised about <br />regulatory barriers and notes that: "...most states do not easily or readily intervene in local <br />land use matters. Few issues are as politically sensitive - and potentially damaging to state <br />elected officials - than local zoning, subdivision and building regulations. States can <br />34 The Effects of Exclusionary Zoning on Affordable Housing, Richard T. Lai, 1991, p.3 <br />53 Not In My Backyard, Removing Barriers to Affordable Housing, 1991, p. 2 <br />54 Land Use Law, Patricia E. Salkin, 1993, page 7 <br />