The Theory of NIMBYism, Part 2

Homeowners' desire for more expensive land does not justify the "NIMBY veto" over new development.

3 minute read

May 5, 2014, 8:22 AM PDT

By Michael Lewyn @mlewyn


NIMBY Toilet Sign

J / Flickr

When I posted about the logic (and illogic) of NIMBYism in March, I got a bucketful of responses on this blog—some friendly, some hostile.

One of the most interesting critiques of my article asserted that zoning "protects property values and assures a measure of continuity. If you want people to invest their hard-earned dollars in buying and improving properties in your city, you are going to have to accept the fact that those property owners are going to want a voice when future developments that will impact them, their property and their neighborhood are considered." In other words, if homeowners get a veto over new development, they (1) are more likely to invest in land because if so they (2) will benefit from increased property values.

The first argument seems persuasive on the surface; in the 1920s real estate developers often favored zoning because it would "protect" their investments from allegedly incompatible uses. Nevertheless, landowners are in fact perfectly willing to invest in places without zoning. American cities were able to develop and expand without much difficulty before zoning—and in Houston (which lacks a formal zoning code)* housing development is actually more common than in some highly restrictive cities. Between 2006 and 2010, the number of residential building permits in Houston ranged between 12 and 38 per 1000 people—lower than the statewide average, but higher than in many other urban centers, including highly restrictive San Francisco and similar-but-zoned cities such as Dallas.

The second argument has a stronger element of truth; it does seem to me that highly restrictive zoning allows homeowners to essentially form a cartel, restricting the supply of homes and apartments and raising rent and housing prices (or to use a more widely accepted euphemism "property values"). To draw an analogy: if government allowed Target and Wal-Mart to veto all new stores within a mile of any Target or Wal-Mart, the prices of all goods sold by Target and Wal-Mart would certainly rise. 

But do you really want to live in a society where zoning-as-cartel succeeds? In places like San Francisco and New York, a complex and restrictive zoning process contributes to sky-high housing prices, which in turn means that many middle-class people feel forced to move out of the city, and lower-class people who cannot afford high rents sleep in homeless shelters or on the streets. And because multifamily housing is nearly always more controversial than single-family housing, zoning affects rents even more than it affects home prices. Why, as a moral matter, should government price the poor and middle class out of the market so that existing homeowners can sell their houses for more? Or to go back to the Wal-Mart analogy: if Wal-Mart and Target persuaded zoning boards to prohibit competition from grocery stores and then raised food prices so high that poor and middle-class families were malnourished, would we consider this a morally acceptable result?

Moreover, zoning hasn't always succeeded in its aim of raising property values. In the 1920s, most Americans protected by zoning lived in what we would today call urban and inner suburban neighborhoods. Some of those neighborhoods have always had stable property values—but others witnessed a catastrophic drop in property values in the second half of the 20th century, as "white flight" (and later "black middle-class flight") reduced demand for housing. And in the 2000s, the collapse of a housing bubble has led to drops in housing prices over the last five or ten years. Even in supposedly gentrifying Brooklyn, housing prices in some places are lower than in 2004. Thus, zoning occasionally fails even by its own criteria.

In sum, zoning doesn't always increase property values—and when it does, it sometimes is too successful.

*One common counterargument is that Houston's low housing prices are the result of highway-induced sprawl, and that it may be impossible to have lower housing prices without high transportation costs. I note that other cities with zoning have equally car-dependent urban form.


Michael Lewyn

Michael Lewyn is a professor at Touro University, Jacob D. Fuchsberg Law Center, in Long Island. His scholarship can be found at http://works.bepress.com/lewyn.

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 14, 2026 - Zachary Whalen

Cars driving under automatic congestion pricing toll machines on Broadway next to the Trump International Hotel in Manhattan, New York City.

Data reveals that NYC’s bet on congestion pricing has paid off

After almost two years of the program, reports show positive impacts on traffic and air quality and no disruptions to parking.

October 13, 2026 - Marcelo Remond

A crane lifts a manufactured house, with is rectangular and does not yet have a roof.

HUD modernizes 50-year-old manufactured housing framework

The Next Generation Manufactured Housing Action Plan establishes new energy-efficiency standards for manufactured homes, and new guidelines for anchoring them.

October 8, 2026 - Boston Real Estate Times

A large brown house in Massachusetts.

Small single-family homes are illegal in most of MA. Voters can change that

Most land zoned for single-family housing in Massachusetts requires at least 40,000 square feet of land per house.

October 16 - NPR

A group of people gather around Metra's battery-powered bus.

Public steps inside U.S.’s first battery-powered train

Metra’s groundbreaking train feature modern seats and a futuristic battery car.

October 16 - Chicago Sun Times

Tobias Bauer, Managing Director of Siemens Mobility North America in front of the company's Sound Transit new light rail vehicles.

Companies show off AI technology, new innovation hubs at APTA Expo

Nearly 700 companies attended the American Public Transportation Association’s Expo last week, which happens once every three years.

October 16 - Smart Cities Dive