Gary Galles

One advantage of a federal system is enabling people ill-treated by one government body to “vote with their feet” toward less abusive jurisdictions. That escape valve is one rationale for reserving some political policy determination for state rather than national government, or to local rather than state government. However, devolving political power to lower level governments does not serve citizens’ rights when it comes to rent control, because rent control paralyzes owners’ ability to escape imposed burdens by voting with their feet. Virtually every rent control story focuses on local government policies. Less well known, however, is that a majority of states actually ban or restrict local governments’ power to impose rent control. And currently, in at least four states (California, Oregon, Washington, and Illinois), those restrictions are under attack. Municipalities want power they are currently denied so they can impose rent control, supposedly to give local citizens “what they want.” That raises the question of whether rent control policy should be vested at the state level or the local level. The Good, the Bad, and the Ugly of Local Governance In many circumstances, the option to vote with your feet favors local governance. It is generally less costly to leave a small local government jurisdiction whose benefits are not worth the cost, than it is to leave a similarly bad state government jurisdiction. By the same token, it is less costly to leave a state than it is to leave the country. The enhanced exit options provided at a more local level may better protect citizens’ rights. Citizens’ ability to cheaply leave smaller jurisdictions more tightly limits government’s ability to use them as cash cows rather than serve them better. This is true of sales and income taxes, for example. Dissatisfied residents can avoid those burdens by going somewhere […]