Home Rule
A grant of local self-governance authority — typically in state constitutions or statutes — allowing municipalities to exercise broad regulatory power without express state authorization, subject only to state preemption. The alternative to Dillon's Rule.
Also known as: local home rule, Cooley's doctrine, municipal home rule authority
Definition
Home rule refers to constitutional or statutory grants of authority that enable local governments to exercise broad legislative and regulatory powers without requiring specific authorization from the state legislature for each exercise of power.
Constitutional and Statutory Basis
Home rule authority exists in approximately 40 states in some form. In most, it derives from express state constitutional provisions (e.g., Cal. Const. art. XI, § 5; N.Y. Const. art. IX) or general delegation statutes.
Scope of Home Rule Authority
Under home rule, municipalities may generally:
- Enact ordinances on matters of local concern without express state authorization
- Regulate in areas where the state has not expressly preempted or occupied the field
- Exercise the police power for local health, safety, welfare, and morals
Limits: State Preemption Still Applies
Home rule does not render local governments immune from state preemption. A state legislature may override home rule authority by expressly preempting a field or enacting statewide legislation that conflicts with local ordinances.
Application to Housing
Home rule cities in states without express rent control preemption may enact rent stabilization, just cause eviction, and tenant screening ordinances as exercises of local police power. Examples include:
- New York City (N.Y. Const. art. IX home rule city) — enacted rent stabilization and just cause protections independent of state mandate
- San Francisco — enacted rent control and just cause ordinances under California home rule authority prior to state-level laws
Cooley Doctrine
Legal scholars sometimes distinguish "Cooley's Doctrine" (articulated by Judge Thomas Cooley in Michigan: A History of Governments (1885)) as an early articulation of the inherent right of local self-governance, predating modern home rule codifications.
Sources
- Cornell LII: Home Rule —
cornell-lii - Cal. Const. art. XI § 5, California Leginfo —
ca-leginfo
Frequently asked questions
Constitutional and Statutory Basis
Home rule authority exists in approximately 40 states in some form. In most, it derives from express state constitutional provisions (e.g., Cal. Const. art. XI, § 5; N.Y. Const. art. IX) or general delegation statutes.
What does Home Rule cover?
Under home rule, municipalities may generally: Enact ordinances on matters of local concern without express state authorization Regulate in areas where the state has not expressly preempted or occupied the field Exercise the police power for local health, safety, welfare, and morals
Limits: State Preemption Still Applies
Home rule does not render local governments immune from state preemption. A state legislature may override home rule authority by expressly preempting a field or enacting statewide legislation that conflicts with local ordinances.
Application to Housing
Home rule cities in states without express rent control preemption may enact rent stabilization, just cause eviction, and tenant screening ordinances as exercises of local police power. Examples include: New York City (N.Y. Const. art. IX home rule city) — enacted rent stabilization and just cause protections independent of state mandate San Francisco — enacted rent control and just cause ordinances under California home rule authority prior to state-level laws
Cooley Doctrine
Legal scholars sometimes distinguish "Cooley's Doctrine" (articulated by Judge Thomas Cooley in Michigan: A History of Governments (1885)) as an early articulation of the inherent right of local self-governance, predating modern home rule codifications.
Sources
Cornell LII: Home Rule — cornell-lii Cal. Const. art. XI § 5, California Leginfo — ca-leginfo