In a recent blog post, I discussed the statewide reforms in California that allow for greater densification via ADU’s and duplexes in once single-family zones. The housing market has become one of the most pressing challenges in the U.S., with homeownership slipping further out of reach for millions of families. Prices remain high, mortgage rates are elevated, and inventory is painfully thin. Against this backdrop, Treasury Secretary Scott Bessent has signaled that the Trump administration is preparing to act — and possibly in dramatic fashion. In a recent Labor Day interview, he even suggested the White House could declare a national housing emergency this fall, a move that would give the federal government sweeping powers to intervene.
That declaration would mark one of the most aggressive steps Washington has taken on housing in decades. It reflects not just economic concern but political urgency. Home affordability has become a kitchen-table issue that cuts across party lines, and the administration appears eager to show it can deliver relief.
Bessent didn’t mince words: “Everything is on the table.” He stressed that the administration doesn’t want to override states or cities, but his comments made clear that the federal government is preparing to push hard. That balancing act — respecting local control while also driving national solutions — could prove tricky, but the openness of the agenda signals just how wide the conversation has become.
So what might federal action look like? Several measures are being seriously considered. One priority is streamlining local building and zoning codes. Developers have long argued that patchwork rules create bottlenecks that drive up costs and limit supply. By encouraging more standardized codes, the administration hopes to speed up construction and unlock new housing stock. Another proposal targets closing costs, which add thousands of dollars to the price of buying a home. Cutting those fees could make ownership more accessible, especially for first-time buyers.
The political stakes are also clear. With the 2026 midterms on the horizon, housing is poised to be a central issue. Families across the country are feeling squeezed — young buyers priced out of their first home, renters facing soaring costs, and older Americans watching affordability erode in their communities. By making housing a top priority, the Trump administration is betting that visible action on this front will resonate deeply with voters.
In a June 2024 article in the Atlantic, The Constitutional Case Against Exclusionary Zoning, explores how exclusionary zoning—such as restrictive single-family-only zoning—may violate the Fifth Amendment Takings Clause. It theorizes that such zoning often fails justification under traditional police power standards and could be treated as a compensable taking. While this may be a an extreme position, it is not unfounded.
Whether or not a housing emergency is officially declared, one thing is certain — the national conversation has shifted. Housing affordability is no longer a problem left to states and municipalities; it’s now squarely on the federal agenda. If Bessent and the administration follow through, this fall could mark the start of one of the most significant federal interventions in the housing market in decades. The real test will be whether those interventions translate into meaningful, lasting relief for families.