Why local governments can not always be trusted to run housing policy.
When I write about how zoning increases rents and housing prices, I often get comments stating something like: "I realize that neighborhood elites often abuse zoning, but shouldn’t towns and cities be able to balance the interests of neighborhood residents with broader public interests?" Ten year ago, I would have said, "yes." But now, I favor broader, more radical remedies that limit municipal zoning rights. Why?
First, because under the current zoning system, it is irrational for a neighborhood or small municipality to do the right thing for the region's residents (that is, to allow new housing). Here's why: if my suburb or neighborhood is the only one to allow new housing, it gets flooded with any negative effects of new housing, but the impact of our virtuous deeds on regionwide housing costs is likely to be so small than even our existing renters won't see much of a benefit. Similarly, if my suburb or neighborhood is the only one to allow nonprofit or government-subsidized housing for poor people, my suburb gets all the costs of poverty (for example, a weaker local tax base) but may not benefit very much from a regional decline in homelessness. Thus, the town or neighborhood that allows new housing is essentially being a sucker.
By contrast, if every neighborhood allows new housing or subsidized housing, housing prices stay down for everyone and the rate of homelessness declines, benefiting the region as a whole. In a situation where what is rational for everyone is irrational for each individual municipality or neighborhood, the only way to ensure rational policy is to ensure uniformity: that is, for a higher level of government to take a meat ax to zoning across the region.
Second, many areas of law are based on the proposition that if a privilege has been scandalously abused, that privilege can be withdrawn by government or by a higher level of government. For example, in the abstract it might appear reasonable that states should limit the right to vote to people who can read, because illiterates might not be capable of voting responsibly. But in the pre-civil rights South, cities and states used literacy tests as a way to keep African-Americans from voting. To stop such abuse, Congress prohibited literacy tests in the Voting Rights Act. Zoning is like the literacy test: a policy that makes sense in principle, but that has been so scandalously abused that local governments can no longer be trusted with the privilege.
So if local jurisdictions cannot be trusted to balance interests, how far should states go to stop such abuse? It seems to me that even the most expensive housing markets do not suffer any obvious shortage of retail or offices or industry, so there is no reason for states to limit non-housing zoning. But where a housing crisis exists, local governments should no longer be allowed to use zoning to limit housing.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
California plans to bury El Niño’s downpour
If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.
Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River
Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.
Chicago voters approve permanent festival grounds, penalty for vacant property owners
Currently, major summer and fall festivals take over public parks for weeks at a time, drawing criticism from nearby residents
NYC votes to cut outdoor dining red tape, speed up permitting
New York City also voted to allow the Department of Transportation to begin work on urgent projects before notifying elected officials.
California appears to reject Prop. 45
The proposition would have expanded the projects that qualify for a streamlined environmental review, effectively paring down the California Environmental Quality Act.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
The course focuses on the opportunities and imperatives that shape reinvention of mall sites.
City of Rosemead
Rutgers University, Edward J. Bloustein School of Planning and Public Policy
One Hundred Miles
Hunter College, City University of New York (CUNY)
The Architects Foundation
University of Cincinnati Online
City of Cambridge
Montrose County
The Pocatello Development Authority