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The weird D.C. housing grift that’s sending a former FBI agent to jail

WASHINGTON – David Paitsel, 42, a former FBI agent, and Brian Bailey, 53, a D.C. real estate developer were sentenced today on bribery and conspiracy charges for their role in schemes involving confidential information held by the D.C. Department of Housing and Community Development United States Attorney’s office There are plenty of housing laws you can break. But these grifters were busted only for bribing a city official for information. Otherwise, they used the housing law – the most innocent-sounding of all housing laws – correctly. Washington DC has a strong Tenant Opportunity to Purchase Act (TOPA). When a landlord sells, tenants have the right to match any offer, conceivably buying their own building. That never happens. But TOPA also allows tenants to sell their rights to literally anyone else. The law treats the new owner of the TOPA rights with the same exaggerated deference as a tenant. The TOPA grift goes like this: A TOPA shark, like Paitsel and Bailey, approaches tenants whose building is on the market. The “approach”, as I’ve witnessed it, can be a hand-scrawled note placed in the tenants doors or mailboxes. The tenants rarely know the mechanics of buying a house, let alone utilizing an obscure city-specific TOPA scheme that would have to involve collective action among many tenants. So the sharks offer the tenants a few hundred dollars for their rights. If the offer is accepted, the shark informs the landlord. Now suppose a prospective buyer comes along and offers $1,200,000 for a D.C. sixplex. The landlord must inform the shark, who now has the right to match any bona fide offer on the property. But the shark has no interest in buying – he just demands ten or twenty thousand dollars to surrender the rights. If the landlord resists extortion, the shark […]

Congressional Housing Subsidies Won’t Lower DC Housing Prices, But Liberalizing Zoning Will

Roofs in DC

During his last days in office, former Representative Jason Chaffetz must have forgotten he is supposed to be a fiscal conservative. His recent comments that members of Congress need $2,500 stipends to afford housing in DC reflect a complete ignorance of both the reasons for high housing prices and the best ways to lower those prices. Instead of treating the symptoms of skyrocketing housing prices, policymakers should be striking at the root: rent control, height limits, and burdensome zoning restrictions that discourage development. All of this turns on basic economics. Markets drive prices of goods and services down, but only if they are competitive. In many cases, existing interests try to prevent others from entering markets in order to protect their own bottom lines. Zoning regulations are often manipulated by interest groups, who hope to limit the allowed uses of land within a city and prevent future developments. Zoning essentially fixes the amount of available housing by discouraging developers from building more housing, ultimately driving housing prices up. Academic research places much of the blame for high housing costs on zoning––and this isn’t just limited to a single city or state. Edward Glaeser and Raven Saks of Harvard and Joseph Gyourko of the University of Pennsylvania examined Manhattan’s housing market estimate that new construction costs for housing are only about $300 per square foot, but that square foot tends to be rented out for $600, twice the cost at construction. Glaeser, Gyourko, and Saks write, quite intuitively, that “this would seem to offer an irresistible opportunity for developers.” But it’s zoning regulations that prevent developers from coming in to build more homes (which ultimately lowers housing prices), despite market incentives. Even though there is a deafening clamor for more housing, as evidenced by rising prices, building takes so long in […]

Market Urbanism MUsings: Feb 5, 2016

1. This week at Market Urbanism: Nolan Gray‘s second article at Market Urbanism:  Return to Sender: Housing affordability and the shipping container non-solution the belief that these projects could address the growing affordability crisis hints at a profound misunderstanding of the nature of the problem and distracts policymakers from viable solutions. 2. Where’s Scott?: Scott Beyer is spending Friday in Mobile, AL, to celebrate Mardi Gras where it was invented. His article this week was at Forbes:  Washington, DC Reformed Its Zoning Code; Now Time To Ditch The Height Limits The DC zoning code changes are a testament to this growing consensus favoring deregulation. If it can happen in America’s center of governance, it means similar zoning overhauls may be awaiting other cities. 3. At the Market Urbanism Facebook Group: Alex Tabarrok of Marginal Revolution‘s Quora response to “What do economists think about buying vs renting a house?” via Nolan Gray It’s Superbowl Weekend, and John Morris had coffee with Pittsburgh Post-Gazette columnist, Brian O’Neill to explain why he wants to ‘Tear down Heinz Field’ (Pittsburgh Steelers) Krishan Madan informed us that Cincinnati Built a Subway System 100 Years Ago–BUT NEVER USED IT Sandy Ikeda shared a Guardian piece on the role of cities in shaping musical genres Speaking of music, let’s all sing the “Monorail Song” with Nolan Gray 4. Elsewhere: Alon Levy, Pedestrian Observations:  Why Costs Matter Joe Cortwright at City Observatory:  Don’t demonize driving—just stop subsidizing it Justin Fox: Why parking your car for free is actually expensive (h/t Donald Shoup) see this too Floating cities in Tokyo Bay??  (h/t Jeff Wood) RIP Bob Elliott:  Bob and Ray on Urban Planning  (h/t Michael Strong) Chicago may eliminate the Clybourn Planned Manufacturing District.  A move Adam Hengels called for in 2014. 5. Stephen Smith‘s Tweet of the Week: SF & NYC’s experiences w/density bonuses/mandatory IZ suggest to […]

A Public-Private Shopping Mall

Forest City Enterprises recently received approval from Arlington County to redevelop its Ballston Common Mall. The deal is a public-private partnership in which the county will pay for $10 million in infrastructure improvements around the mall and provide $45 million in tax increment financing for the reconstruction. The deal is not only a waste of taxpayer money, but it also perpetuates development through political favoritism as opposed to allowing competition to determine the best use of land. Opened in 1986, today Ballston Common Mall is a sad structure with a high vacancy rate. However, a public-private partnership isn’t needed to turn it into an updated, profitable development. The mall sits on incredibly valuable land. A nearby parcel less than half the size of the mall site recently sold for $7.5 million. With demand so high for land along Arlington’s Rosslyn-Ballston Corridor, county money certainly isn’t needed to facilitate retail development. The mall owner, Forest City Enterprises, is well-versed in navigating public-private partnerships. In DC the company has received over $100 million in subsidies for recent projects. Forrest City Ratner, the corporation’s New York office, was the developer of the famed Atlantic Yards (now Pacific Park) project that has become a poster project for cronyism in real estate. Like the Atlantic Yards project, the Ballston Common Mall redevelopment will involve both direct subsidies and a TIF. The TIF that will help finance the new mall is debt financing that will be paid back with property tax increases that county officials believe the new mall will bring. This will be the first TIF ever used in Arlington. The Ballston project follows a high-profile retail development in Fairfax County, where the Mosaic District was completed as that county’s first TIF. By allowing municipal policymakers to spend future tax revenues today, TIFs provide a tool for obscuring the costs of economic development […]

An interview with David Block-Schachter, Chief Scientist of Bridj

Public transportation service provision is changing. As I already have mentioned in this post at Caos Planejado, microtransit services are growing in many cities around the world and one of the forefront companies on this field is Bridj, operating in Boston since June 2014 and Washington DC since May 2015. I had the opportunity to interview David Block-Schachter, Chief Scientist of Bridj at Bridj’s office in Boston last October. Check it out: Marcos Paulo Schlickmann: Could you tell a little about yourself and your inspiration to work in this field? David Block-Schachter: About 8 years after finishing my bachelor’s I went back to school to do a PhD in transportation at MIT. After the PhD I worked for the MBTA as their Director of Research and Analysis to understand how they can use their data to improve operations. After that I joined Bridj. We wanted to improve mass transit generally, and looked at the issues here in Boston as our first focus. And obviously my background helped too. We also looked at informal transit systems all around the world. When I went to Rio I noticed how the buses are at a disadvantage, because the traffic itself is so unreliable that if you have a car you would prefer to be stuck on traffic in your car than in the bus. So we asked ourselves: “How can we use technology to combine the direct service associated with small vehicles with the good level of service we see in mass transit systems in America and Europe without inheriting the defaults and drawbacks of each system?” And the main advantage of direct trips instead of changing vehicles can be addressed by technology. MPS: As we see on the map depicting Bridj’s service areas, the company runs buses in 3 main areas with two main lines: Allston/Coolidge […]

The Renewed Debate on Inclusionary Zoning

Stephen Smith and I co-wrote this post. In case you haven’t been following Stephen elsewhere, he’s also been writing at The Atlantic Cities and Bloomberg View.   This year, some of the first apartments and condos subject to inclusionary zoning laws in DC are hitting the market, stoking debate over development laws that the city adopted in 2007. The inclusionary zoning requirement is currently stalling the city’s West End Library renovation with Ralph Nader leading efforts to include an affordable housing aspect with the library project. Inclusionary zoning advocates often base their support on the desirability of mixed-income neighborhoods, while challengers argue that inclusionary zoning is an inefficient way to deliver housing with unintended consequences. Heather Schwartz, who studies education and housing policies at the RAND Institute, says that one important feature of this policy tool is that it gives low-income families access to high-income neighborhoods while at the same time limiting the number of low-income residents in a neighborhood. She said, “Since IZ is a place-based strategy that tends to only apply to high-cost housing markets, it can offer access to lower-poverty places than housing vouchers and other forms of subsidized housing have historically done.” David Alpert, editor-in-chief of Greater Greater Washington, a local urban planning blog, offers another argument in favor of inclusionary zoning, “a policy that builds support for both greater density and affordable housing,” he said in an email. “Much of the opposition to greater density involves a feeling that it is just a ‘giveaway’ to developers who make the profit and impose some collateral burden on a neighborhood, but many people are more supportive of the density if it serves an affordable housing goal.” While inclusionary zoning proponents may see its ability to introduce just a few low-income residents to a higher income neighborhood as an […]

“Cockamamie” Neighborhood Zones

Thanks to loyal reader, DBM for the tip on the photo link. David Weigel – Highway to the Neighborhood Zones refers to DCist – Police to Seal Off D.C. Neighborhoods The Examiner has the scoop on a controversial new program announced today that would create so-called “Neighborhood Safety Zones” which would serve to partially seal off certain parts of the city. D.C. Police would set-up checkpoints in targeted areas, demand to see ID and refuse admittance to people who don’t live there, work there or have a “legitimate reason” to be there. Shelley Broderick, president of the D.C.-area American Civil Liberties Union and the dean of the University of the District of Columbia’s law school, said the plan was “cockamamie.” “I think they tried this in Russia and it failed,” she said. Good luck opening a business and bringing jobs to those areas if customers have to pass through a checkpoint every time they enter the zone. I can’t see things getting any better in these neighborhood zones. Almost sounds like an exclusive luxury community. If they want their neighborhood sealed off, they could buy the streets from the district, build a wall, and hire their own private security. But, I assume it’s not a luxury community and they can’t afford their security.

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