REAL ESTATE INSIGHTS
Harris Real Estate Daily
By Tim & Julie Harris · December 8, 2025
Most Americans think Congress needs 51 votes to pass a law.
But thanks to the filibuster—an accidental Senate rule from 1806—most housing, zoning, and mortgage reforms actually need 60 votes.
That one rule is the single biggest reason Washington talks endlessly about fixing housing, but rarely does anything meaningful.
This is the concise breakdown for agents—and why many believe it’s time to get rid of the filibuster entirely.
What the Filibuster Is
A filibuster allows unlimited debate in the Senate.
If any senator refuses to end debate, the Senate can’t vote unless 60 senators agree to stop it.
Result:
Most laws require 60 votes, not 51.
A minority can block major housing reforms even when the majority supports them.
The Filibuster’s Accidental Creation
The Founders never designed it.
It happened because of a clerical cleanup.
1806:
Aaron Burr suggested deleting “unnecessary rules.”
The Senate removed a rule that allowed a simple majority to end debate.
Outcome:
No mechanism to force a vote.
Unlimited debate was born by accident, not by intention.
Timeline:
Accident in 1806 → First filibusters in 1830s → 1917 cloture rule → 1975 60-vote threshold.
This is not a constitutional principle. It’s a historical slip-up that became a choke point.
How the Filibuster Blocks Housing Solutions
Almost every major housing proposal—regardless of which party introduces it—runs straight into the 60-vote wall:
Zoning and density incentives
Federal land release for development
Permitting reform
Infrastructure for new housing
Fannie/Freddie modernization
Mortgage market updates
Building supply chain deregulation
None of this passes without 60 votes.
In a polarized Senate, 60 votes rarely happens.
Meanwhile:
Housing shortages worsen
Affordability drops
Inventory stays historically low
Builders face multi-year delays
Buyers face increased costs
The filibuster turns every major housing idea into a political hostage.
What CAN Pass Without the Filibuster?
Only budget items:
Tax credits
FHA/VA fee tweaks
Some subsidy-related programs
These are small, incremental, and nowhere near the level of reform needed to expand supply or modernize the mortgage system.
Why Many Believe It’s Time to End the Filibuster
1. It blocks majority rule.
Housing reform supported by 55% of the Senate—and a majority of Americans—can still be stopped cold by 41 senators.
2. It wasn’t part of the Constitution.
The Founders never intended a 60-vote supermajority for routine legislation.
3. It entrenches gridlock.
Housing policy becomes a 10-year process instead of a 1-year process.
4. It rewards obstruction over problem-solving.
The easiest move in modern politics is to do nothing—and the filibuster makes “nothing” the default.
5. It prevents the U.S. from responding to a national housing shortage.
Supply cannot scale without federal coordination on zoning incentives, permitting reform, land use, infrastructure, labor, and materials.
All of that requires legislation the filibuster blocks.
6. It shifts power to unelected regulators.
When Congress can’t pass laws, agencies fill the gap.
Removing the filibuster returns power to elected representatives.
Bottom Line for Real Estate Pros
The filibuster isn’t just a political quirk.
It is one of the primary reasons America cannot fix its housing shortage, modernize mortgage rules, or expand supply at the scale required.
Many believe it’s time to remove it—not for partisan advantage—but so the majority can actually govern, and the country can finally tackle its housing crisis with real solutions instead of stalled proposals.
— Tim Harris
Tim and Julie Harris Real Estate Coaching
📬 Interested in Elite Coaching? Text Tim directly at 512-758-0206