Trumped Zoning: Constitutionality of Zoning Preemption (Oregon’s HB 2001) Under Ohio’s Home Rule Amendment

The housing “affordability crisis” has become a pressing issue in growing cities across the nation. Unfortunately, the natural incentives which guide suburban communities to create exclusionary zoning schemes for the maintenance of property values directly conflict with the broader statewide interest in keeping metropolitan housing prices down. In response, a growing number of states have begun adopting bold legislation for increasing affordability, most notably Oregon’s HB 2001, which preempt arcane local zoning codes and reduce restrictions on the development of “missing middle" housing. Is zoning preemption an option for home rule states? This comment analyzes whether state upzoning laws designed to incentivize density and affordability would be constitutional under Ohio’s home rule amendment. The paper concludes by laying out suggestions for how such a statewide zoning preemption statute could indeed be upheld as constitutional even in a home rule state.