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Category housing

Do HOAs justify zoning?

At a recent webinar, Prof. Christopher Serkin of Vanderbilt Law School made an interesting argument. He pointed out that a) Sun Belt cities tend to have less restrictive zoning than northern cities; b) Sun Belt cities also have more homeowners’ associations (HOAs) with restrictive rules; and therefore (c) perhaps zoning reform will fail because homeowners will react to restrictive zoning by creating more HOAs, which will limit density and housing supply just as much as zoning. It seems to me that this argument has some weak links. The most obvious is that it is not clear that the correlation he points out really exists. Admittedly, northern and midwestern states have fewer HOAs than the rest of the nation. In the Northeast, only 29 percent of new homes are part of HOAs, as opposed to 47 percent in the Midwest, and 2/3 in the South. But not all southern and western states are the same- and if we go state-by-state, the correlation between HOAs and strict zoning starts to disappear. In particular, California metros are notorious for strict land use regulation and high housing costs. But 64.9% of California homeowners belong to an HOA, well above the national average. In fact, only three states (Vermont, DC and Florida) have higher HOA participation rates than California. On the other hand, Texas metros tend to be less restrictive, but only 1/3 of Texas homeowners belong to a HOA. Similarly, only 15 percent of Tenneseee homeowners belong to an HOA. So its not quite clear that metros with lower housing costs and/or less zoning have higher HOA participation rates. ( On the other hand, this data would be more useful if we were able to a) distinguish between new subdivisions and the rest of the housing market, b) distinguish between HOA participation rates for […]

Where investors invest

One argument I have run across recently is that the high cost of housing is caused by mysterious corporate investors are buying up real estate and forcing up the cost. The stupidest version of this argument is that investors are hoarding all the real estate. Why is it stupid? Because corporations like to make money, and a corporation that doesn’t sell or rent out real estate is making no money from it. A more sensible version of the argument is that the existence of investors adds demand for housing, and thus that their presence thus increases housing costs.* But even if this true, are these investors really a significant factor in the housing market? In today’s Washington Post, an article supplies data for 40 metro areas. If investors are really the problem, one might think that the most expensive metros have the highest investor share. But this is simply not the case. In San Francisco, only 6 percent of for-sale houses are being purchased by investors (about the same as the 2015 share). In metro New York and Los Angeles, that share is around 10-11 percent. The most investor-heavy markets are in growing, medium-cost Sun Belt markets like Atlanta (25 percent), Charlotte (25 percent), Jacksonville (22 percent) and Phoenix (21 percent). And within those markets, investors are not buying in the most expensive areas. In Atlanta, the highest investor shares are in the lower-income Southside, and low and moderate-income southern and western suburbs. In Jacksonville, the mostly lower-income Northside and the working-class Westside have higher investor shares than the more middle-class Southside. This pattern seems to hold in less investor-heavy metros as well: even though some affluent Manhattan zip codes have high investor shares, most of the high-investor zip codes are in East Harlem, the South Bronx, and other poor […]

More information about NYC “Billionaire’s Row”

A recent Youtube video on New York City’s “Billionares’ Row” (a smattering of very expensive buildings at the northern edge of midtown Manhattan) has received over six million views. Much of the video is rather propagandistic: it uses perjorative terms like “loopholes” to describe how the supertalls on Billionaires’ Row complied with zoning codes. The video relied heavily on sources such as socialist Sam Stein (who generally opposes market-rate housing). Having said that, this video does contain some interesting information. In particular, the video points out that to the extent that the condos in these buildings are vacant, it isn’t necessarily because the owners are treating them as wealth storage units. Instead, the video claims that 44 percent of the units haven’t even been sold yet: the owners of the building are waiting for prices to rise a bit more before finding a buyer. However, this data may be far less scandalous than it seems at first glance. Some of the buildings with the fewest sales are rather new. For example, 179-unit 217 West 57th Street has had only 47 sales (and only six rentals) listed on Streeteasy.com- but that may have something to do with the fact that it did not open until 2020. Similarly, 111 West 57th, also built in 2020, has had only 19 sales and one rental listed on Streeteasy. (I wonder, however, if there are sales or rentals not listed on Streeteasy). By contrast, 157 West 57th Street, built in 2013, has had 213 sales- more than twice the number of units in the building; thus, the average unit in 157 has been not only sold but resold. What about the units that are owned by owners? Here we are still short of information. The video says that in the “Billionaires’ Row” zip code (10019, […]

Financialization and housing costs

One common explanation for high rents is something called “financialization.” Literally, this term of course makes no sense: any form of investment, good or bad, involves finances. But I think that the most common non-incoherent use of the term is something like this: rich people and corporations have decided that real estate is a good investment, and are buying it, thus driving up demand and making it more costly. But if this is true, to blame financialization for high rents and sale prices is to confuse cause and effect. If real estate prices weren’t going up, it wouldn’t make sense to buy buildings as investment. Thus, high housing costs cause financialization, not vice versa. In fact, if government did not restrict housing supply through zoning, financialization would be a force for good. Why? Because instead of buying existing buildings, people with money might be more willing to build new buildings for people to live in- which in turn might hold housing costs down. PS I am running for Borough President of Manhattan, and am gradually creating a Youtube page that addresses anti-housing arguments in more detail.

contradictory anti-housing arguments

Over the years, I’ve heard a wide variety of arguments against new housing. One of them is the “mysterious foreign investor” argument. According to this theory, new urban housing will all be bought up by billionaire foreign investors, who will purchase the property and never rent it out, thus preventing the new housing from increasing supply. (I have rebutted the argument here).* A variation of the argument is that because some high-end housing is vacant, supply is therefore adequate to meet demand. (I have addressed this idea here). Another argument is that housing markets are segmented: that if you increase the supply at the top of the market, it will not help anyone who is not already at the top of the market. It seems to me that these arguments contradict each other: the first argument is based on the idea that high-end housing does affect the market as a whole (or would if rich people stopped using apartments as second homes); the second is based on the idea that high-end housing doesn’t affect the rest of the market at all. *In addition, I have recently published a much longer article in the New Mexico Law Review, discussing the pros and cons of high-end condos.

Local iniquity

There was an interesting article in the New York Times magazine this week on the rise of extended stay hotels, which specialize in renting to a group within the working poor- people who have the cash for weekly rent, but cannot easily rent traditional apartments due to their poor credit ratings. This seems like a public necessity – but even here the long arm of big government seeks to smash affordability. The article notes that Columbus, Ohio “passed an ordinance that subjects them to many of the same regulations as apartments” because “The hotels had an unfair competitive advantage.” In other words, the city is basically rewarding landlords for turning out bad-credit tenants, and punishing the hotels who seek to house them.

Book Review: The Housing Bias

The best book on zoning and NIMBYism you’ve never read might well be The Housing Bias by Paul Boudreaux. The author is a law professor, but you’d be forgiven for thinking he’s a journalist. His writing is engaging – and occasionally funny – and he does what is unthinkable for many scholars: drives to various places to interview people who are engaged in the (legal) drama of what we now call “the housing crisis.” Boudreaux had the misfortune of being ahead of his time. The housing market was so soft in 2011 that his book landed with nary a sound. A quick web search turned up no book reviews besides the publisher’s blurbs. The book (and you’ll be forgiven if you stop reading right here) will set you back. That’s unfortunate. Just a few years later, the book would have connected with passions shared by the rapidly growing YIMBY movement and a publisher would have marketed it to the masses. Boudreaux’s thesis is that “the laws that govern our use of land are biased in favor of one specific group of Americans—affluent, home-owning families—who least need the government’s help.” He keeps his ideological cards close to the vest. But that’s the point: one need not lean left or right to want to stop using the power of the state to comfort the comfortable and afflict the afflicted. The first chapter is the most important, because it lays out the foundation for all that local governments do, good and bad, in land use: the police power. He’s writing from Manassas, Virginia, where “restaurants with Aztec pyramids on them” telegraph the large Hispanic immigrant community. A vocal minority opposed this local immigration, and pressured local governments to stop it. Of course, the city doesn’t issue passports, but the police power allows local […]

The Duplex: Gateway Drug to Urban Density

duplex

After over a century, Berkeley, California may be about to legalize missing middle housing – and it’s not alone. Bids to re-legalize gradual densification in the form of duplexes, triplexes, fourplexes, and the like have begun to pick up steam over the last several years. In 2019, Oregon legalized these housing types statewide while Minneapolis did the same at the city level. In 2020, Virginia and Maryland both tried to pass similar legislation, though they ultimately failed. This year, though, Montana and California may pick up the torch with their own state bills (even while the cities of Sacramento and South San Francisco consider liberalizing unilaterally alongside Berkeley). Allowing gradual densification is an absolutely necessary step towards general affordability. Supply, demand, and price form an iron triangle–the more responsive we can make supply to demand, the less price will spike to make up the difference.* What I really want to focus on here, though, is less about policy and more about political economy. I believe allowing medium-intensity residential development could make additional reforms easier to achieve and change views around development going into the future. We Love What We Know More often than not, I think a generalized status quo bias explains a lot of NIMBYism. Homeowners are most comfortable with their neighborhoods as they are now and are accustomed to the idea that they have the right to veto any substantial changes. Legalizing forms of incrementally more intense development could re-anchor homeowners on gradual change and development as the norm. The first part of the story is about generational turnover. If the individuals buying homes today–and the cohorts that follow–are exposed to gradually densifying neighborhoods in their day-to-day, they’ll anchor on that as what’s normal and therefore acceptable. Moreover, if we’re debating whether to rezone an area for mid-rise […]

Latest rent research

A recent paper by UCLA researchers discusses 2019-20 literature on the relationship between new construction and rents. The article discusses five papers; four of them found that new housing consistently lowers rents in nearby buildings. For example, Kate Pennington wrote a paper on the relationship between new construction and housing costs in San Francisco.  What is unique about this paper is that while other papers focus on a broad sample of new construction, Pennington focuses on one subset of the market: “new construction caused by serious building fires.” Why?  Because most new construction is in high-demand areas.  Any study that focuses on such construction will be more likely to conclude that the new construction is related to high rents, when in fact the real cause of increased rents is increased demand for certain neighborhoods. Pennington found that rents actually decreased within 500 meters of new buildings- by 2.3 percent, compared to similar blocks without new buildings.   Pennington also found 17.1 percent less displacement (which she defines as moves to poorer zipcodes) near the new buildings, and found that landlords were less likely to evict rent-controlled tenants. One paper was a partial exception to the pro-supply trend of recent scholarship: a paper by Anthony Damiano and Chris Frenier found that new buildings in Minneapolis lowered rents for most nearby buildings, but increased rents for the cheapest buildings. But the UCLA researches point out that “Damiano and Frenier do not adjust the rents in their study for inflation, which is an unusual decision, and one that makes the rent increases they report look much larger than they actually were.” Adjusted for inflation, rents near new buildings declined by 7 percent overall, and increased by only 0.2 percent for the cheapest buildings. One point that the UCLA researches do not mention: although the […]

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