The Preemption Prescription: State Preemption of Local Zoning Authority as a Means to Increase Housing Availability and Affordability

Authors

• Molly Ryan, Southern Methodist University, Dedman School of LawFollow

Abstract

Over the past few decades, housing prices dramatically increased, while wages and salaries across many professions remained relatively stagnant. This widening gap has reduced housing availability and affordability for individuals from diverse socioeconomic backgrounds. If left unaddressed, restrictive zoning regulations may further intensify these challenges by limiting housing supply and contributing to the nation’s growing homeless population. In response to these issues, several states, including Texas, are preempting local zoning authority through statewide legislation designed to mitigate zoning’s impact on housing costs and availability. However, this approach remains contentious and may be insufficient, by itself, to resolve the complex issues surrounding housing availability and affordability.

This Comment examines the growing trend of state preemption, with a specific focus on Texas’s newly enacted Senate Bills 15 and 840. It evaluates the potential benefits and limitations of Texas’s preemptive measures. Although state preemption of local zoning authority is not a silver bullet, its impact on housing affordability and availability warrants close consideration given consistent national trends indicating that increasing numbers of Americans struggle to secure stable housing. At the very least, this Comment seeks to encourage law students and professionals to critically engage with the multifaceted nature of the housing crisis and assess how zoning regulations shape those issues.

Recommended Citation

Molly Ryan, The Preemption Prescription: State Preemption of Local Zoning Authority as a Means to Increase Housing Availability and Affordability, 79 SMU L. Rev. 905 (2026)