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Committee adopts amendment to HB 410 setting strict-scrutiny standard for "extraordinary restrictions" and advances bill unanimously
Summary
The Special Committee on Housing approved an amended version of House Bill 410 that defines when a municipality may impose an "extraordinary restriction" on housing, sets a strict-scrutiny legal standard tied to public health or safety, specifies a list of allowable restrictions, and advanced the bill 17-0.
The Special Committee on Housing voted 17-0 to advance House Bill 410 as amended after the committee adopted amendment 0979h describing the statute’s standard and a set of permissible local restrictions.
Representative Reid introduced the amendment and spoke to work by the subcommittee. The amendment narrows the legal standard for municipal “extraordinary restrictions” on housing to a strict-scrutiny test drawn from case law: restrictions must be narrowly tailored to serve a compelling government interest in public health or safety. The amendment leaves room for municipalities to supply evidence (scientific, quantitative, empirical) but states that such evidence is not dispositive; the…
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