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50 City of Cuyahoga Falls, Ohio 29 8A o AB Analysis of Impediments to Fair Housing Choice is the other ... as practiced, zoning and other land -use regulations can diminish the general availability of good quality, low -cost dwellings...." " Concerning the adoption and administration of building codes, Dr. Lai states "__local building codes also often serve an Exclusionary function,.. (they) have become a considerable barrier to the potential economics that could be realized through manufactured housing techniques. ". 6.2 Introduction Not In My Backyard, Removing Barriers to Affordable Housing, was published by the Advisory Commission on Regulatory Barriers and Affordable Housing. In the forward, then HUD Secretary Jack Kemp wrote that "the Commission's disturbing conclusion is that exclusionary, discriminatory and unnecessary regulations constitute formidable barriers to affordable housing, .. "53 Notln My Backyard..., cites excessive subdivision standards, fees, slow and burdensome permitting processes, applying building codes for new construction to rehabilitation and NIMBY as among the most serious barriers. The Advisory Commission concluded that states should take action to alleviate barriers to affordable housing. "States are in a unique position, for both constitutional and practical reasons, to deal with regulatory barriers to affordable housing. Constitutionally, all authority exercised by units of local government over land use and development derives wholly from the State.. which is therefore uniquely situated to undertake reform of the collage of local regulations, as well as the State requirements that overlay them." Patricia E. Salkin, Director of the Government Law Center, Albany Law School, offers a balanced view of the theoretical degree to which land use and building controls add housing cost in her April 1993 article in the publication, Land Use Law, Ms. Salkin correctly speculates that "It is time to openly discuss and debate the Report (Not In MY Backyard...) and perhaps launch an empirical study to refute or substantiate the document - just how much do land -use regulations drive up the cost of housing? The real public policy issue in the debate is this: What is the most constructive balance between the public interest in affordable housing versus the public interests involved in land -use control ? "54 The Council of State Community Development Agencies (COSCDA), published Making Housing Affordable: Breaking Down Regulatory Barriers - A Self - Assessment Guide for States published in the late 1990's. The 'Guide' cites the common issues raised about regulatory barriers and notes that: "...most states do not easily or readily intervene in local land use matters. Few issues areas politically sensitive -and potentially damaging to state elected officials - than local zoning, subdivision and building regulations. States can "The Effects of Exclusionary Zoning on Affordable Housing, Richard T. Lai, 1991, p.3 57 Not In My Backyard, Removing Barriers to Affordable Housing, 1991, p. 2 " Land Use Law, Patricia E. Salkin, 1993, page 7