What would happen if the Supreme Court addresses inclusionary zoning?

A legal case involving zoning in Marin County, California may make it to the Supreme Court.

Back in May, authorities in Marin entered into a new voluntary compliance agreement with the U.S. Department of Housing and Urban Development to build new low-income housing outside areas where black or brown residents make up the majority. This is now the county’s second big push since 2010 to satisfy the government’s demand that it work on desegregating its affordable housing.

Fair housing is a challenge for Marin, an enclave of million-dollar bungalows across the Golden Gate Bridge from San Francisco. According to a nonprofit project called Race Counts, it has the highest racial disparities of any county in California. That’s in part because Marin County doesn’t want to build any housing. Homeowners here are at the forefront of NIMBY efforts to stop plans for new construction, whether they’re local, regional, or statewide.

The county’s iron grip on its land is the backdrop for a case that may soon appear before the U.S. Supreme Court. Back in 2000, two Marin County property owners, Dartmond and Esther Cherk, looked to split their undeveloped land into two single-family-zoned lots. As developers, they were liable to preserve some part of the property for affordable housing or pay into a low-income housing production fund. The fee was nearly $40,000; the Cherks sued.

The Marin County case may test the constitutionality of inclusionary zoning, a tool that local jurisdictions rely on to expand the supply of affordable housing, especially in tight housing markets. The court has expressed an interest in the case, which the justices may wind up using as a wedge to reshape property rights. It’s possible the inclusionary zoning ordinances—and local regulations more broadly construed—will not stand under the court’s scrutiny.

I’m on the record suggesting the Supreme Court would approve inclusionary zoning. While this piece suggests conservatives on the court might be spoiling to affirm property rights, the courts more broadly have helped develop plans to promote more affordable housing (think the Gautreaux case in Chicago or the Mount Laurel decision in New Jersey). Earlier decisions did not eviscerate property rights but they did suggest that the responsibility for housing was wider than a single community and its zoning. Additionally, having developers pay a fee into an affordable housing fund or provide some units of affordable housing as part of the larger project is common practice across American communities.

Beyond just the actions of Marin County and its own housing supply and population composition, the bigger issue is this: if a community or township or county restricts development and/or housing, it puts a bigger burden on other municipalities in the same metropolitan region to provide housing. And if many municipalities refuse certain kinds of development, more affordable housing ends up in a limited number of places that are (1) not necessarily located near jobs and (2) relatively lower-class. Housing is an issue best tackled by a whole metropolitan area (as are other issues including mass transit and transportation). More dispersed outcomes would likely lead to better outcomes across the region with the biggest loss being the communities that cannot easily remain as exclusive as they would like.

 

Recurring issues with teardown McMansions

What if a suburban community continues to face the same issue of teardown McMansions angering neighbors? The case of Arlington Heights, Illinois:

Elgas called the home dimension differences “a form of gentrification” and asked the board to consider changing the building codes to prevent the number of larger homes being erected in Arlington Heights…

“This is not the first time it has come up as a phenomenon in Arlington Heights,” said Mayor Tom Hayes. “It’s probably 10 to 15 years ago this phenomenon first showed itself, not just in the village of Arlington Heights, many neighboring municipalities experienced the same issue with tear downs. We were sensitive to the issue at the time; we did a number of different things from legal, building, zoning and design, we addressed it at that point.”…

Charles Perkins, director of planning and community development, said the village had a task force that studied this issue with members from the Zoning Board of Appeals, the Plan Commission and village trustees. The leaders took bus tours around neighborhoods to view the tear downs and changes. As a result, he said, there were a number of changes made to village codes.

“We reduced the number of square footage you could put on a home, minimized impervious surface, and in the R3 district, which is this particular neighborhood, there was a 10 percent reduction on the ability of square footage of a home built on the lot,” Perkins said. “Those in single-story neighborhoods, typically go to the design commission for the architectural component of the home as well.”

This is not an issue facing just Arlington Heights: wealthier suburbs with older housing stocks can often be attractive to residents who have the means and desire to tear down older homes and construct new and often larger homes. And the teardowns can move in cycles, depending on changes in the housing market, what neighborhoods or communities are desirable, and how communities – including local leaders and neighbors – respond to such moves.

Three additional thoughts:

  1. The term McMansion is not used the article but this is the sort of home that is at issue here. A teardown home with a large footprint constructed in a neighborhood of smaller homes fits clearly within an understanding of McMansions.
  2. The community has some guidelines for new teardowns but not all neighbors think these go far enough. This is a common point of tension: should the property owners have say over their plot of land or should the community and neighbors be able to put in significant restrictions? Who gets more say can become a long local political process with the possibility for long-term bitterness.
  3. While neighbors might generally not like this development, this could be taken as a sign by leaders of a community that their community is desirable. Particularly in communities with limited opportunities for greenfield development, teardowns and infill development can represent a significant portion of change.

Reasons for replacing “Freeways Without Future”

A new report from the Congress of New Urbanism titled “Freeways Without Futures” looks at the ten urban highways and interchanges that need to go. Why might cities pursue these projects? Here are some common themes in such plans:

1. Reconnect neighborhoods and communities that highways split. When constructed, highways with their width and imposing traffic split social collectives. Or, highways can impede development by providing a barrier. Removing the highway allows for more pedestrian traffic as well as more meaningful connection between residents and businesses on both sides of the highway. New development can span the former highway or help bridge the divide.

2. Create more green space. Highways are the result of auto-oriented urbanism that trampled over and through communities. Removing the highways allows for more parks and trees, among other natural features. Plus, it reduces noise and emissions from the highway (though these might be simply moved to another kind of thoroughfare).

3. Remove eyesores. Highways can create visual blight on the urban landscape. Highways block sight lines and present an imposing concrete structure. Without their presence, particularly elevated highways, people are free to see more of the city.

4. Removing the highway could be part of a larger project of reducing dependence on cars and vehicles and a shift toward mass transit and pedestrians. Removing the above-ground highway is one step but that same highway could simply be routed elsewhere or underground without affecting transportation choices.

Bringing grocery stores to rural areas and considering free markets

Declining populations in some rural areas means it is more difficult to sustain grocery stores:

Some states are trying to tackle their rural grocery gaps. Supporters of such efforts point to tax incentives and subsidies at various levels of government that have enabled superstores to service larger areas and squeeze out local independent grocers. Now, dollar stores are opening in rural regions and offering items at lower prices, posing direct competition to local groceries.

Critics see that development as a threat to public health, since dollar stores typically lack quality meat and fresh produce.

But every town and every store is different, making statewide solutions elusive. Some legislators say they are reluctant to intervene too heavily because the market should close the gaps…

In rural areas, the poor tend to live farther from supermarkets than residents with more resources. The median distance to the nearest food store for rural populations in 2015 was 3.11 miles, and a shade farther for rural households enrolled in the Supplemental Nutrition Assistance Program (SNAP), better known as food stamps, according to a May 2019 report by the U.S. Department of Agriculture, which oversees the program.

Providing a range of social services and cultural services is an increasing issue, ranging from medical care to religious congregations to food.

While there are logistical issues in how to run, supply, and sustain organizations across such broad distances with limited participants, the political approach cited in this article is interesting. Should more conservative states provide government assistance for grocery stores? The article suggests there is some reluctance for state governments to step in. But, this might be exactly a good case where free markets simply cannot work well: there are not enough people in certain areas to generate profits or efficiencies. Plus, the federal government over the decades has helped rural areas, such as through rural electrification projects. Will state lawmakers refuse help just because of commitment to certain ideologies?

This situation also suggests Americans could think more about providing services in ways that do not have to generate profits. Instead, the services exist to serve the community. Think cooperatives. Think community-based organizations meant to help sustain each other rather than make a profit.

Sports stadiums and white flight

How the Atlanta Braves and Atlanta United went about procuring their stadiums hints at the city’s racial divides:

Accompanying the announcement, the team released a map showing where, precisely, Braves Country was—and, notably, where it wasn’t. That view of the greater Atlanta area was speckled with red dots, each one indicating the home of a 2012 ticket buyer, including season-ticket holders. Only a smattering of red appeared to the east, west and south of Turner Field, while thousands of dots congealed into a ribbon above downtown that expanded into a wide swath in the half-dozen suburban and exurban counties to the north. The new stadium would be closer to the middle of that mass, which happened to embody an older, whiter and more conservative population than the city proper. Those northern suburbs were fast diversifying, yet many in Atlanta—particularly in its black population—felt slighted by the decision, their perspectives colored by decades of racial and political tension between city and sprawl.

Five months later MLS commissioner Don Garber, Falcons owner Arthur Blank and then-mayor Kasim Reed proclaimed in their own press conference that downtown Atlanta would be home to MLS’s 22nd franchise, and the new club, Atlanta United, would take the pitch in 2017, the same year the Braves headed to Cobb. The soccer team would play in the same new $1.6 billion stadium the Falcons would soon call home, but United would be no afterthought. The facility would be designed to accommodate the beautiful game from the start. Pushing back against skepticism and pointing to an influx of young professionals near Atlanta’s urban core, Blank assured MLS’s leaders he could fill the massive venue, even in a market known for lukewarm enthusiasm toward pro sports. Reed boasted that his city’s foreign-born (and, seemingly implied, soccer-loving) population was growing at the second-fastest rate in the U.S. Garber himself insisted these factors combined to make downtown an ideal MLS incubator. The city “embodies what we call a ‘new America,'” he said, “an America that’s blossoming with ethnic diversity.”

Fast-forward five years, and Atlanta United’s ticket-sales map, while not a direct inverse, is considerably more centralized than Braves Country (or even, says United president Darren Eales, a depiction of the Falcons’ fan base). United, meanwhile, aided no doubt by winning the 2018 MLS Cup, has led MLS in attendance in each of its three seasons, averaging 53,003 fans in ’19, among the highest in the world. This echoes the success the Braves found when they chased their audience to the north, the farthest any MLB team had ventured from its city center in 50 years. The Braves’ average home attendance, aided too by on-field success, reached 32,779 fans this season, up 31% from their last year at Turner Field…

Kruse, the Princeton history professor, is blunt in his assessment of such feelings. “These ideas about downtown being a dangerous place are really about the people downtown,” he says. For years he thought that “suburbanites want nothing to do with the city except to see the Braves.” But today? “That last connection has been severed. I see this movement of the stadium as the culmination of white flight.”

Trying to connect with particular fan bases or contributing to decades-long processes of residential segregation and white flight? How about both?

Three additional thoughts:

  1. More could be made here of the public money the Braves received from Cobb County. Plus, they could develop land around the new stadium, now a common tactic to generate more revenue beyond fan attendance. Yes, fan attendance is important but the long-term money may be in investing money in land surrounded by whiter and wealthier residents. Stadium development then just continues the process of limited capital investment in neighborhoods that could really use it and concentrates it in places where wealth is already present.
  2. Baseball is widely regarded as having an older and whiter fan base. Soccer is said to have a more diverse and younger fan base. In addition to the demographics of the Atlanta area, the sports themselves try to appeal to different audiences (even as they might work to reach out to different groups).
  3. It will be interesting to see how many sports teams in the next few decades move to more niche locations while still claiming to be from the big city. Civic identity is often tied to sports teams as most metro areas can only support one team from the major American sports. Can big city politicians still lose when the team from the area decides to move to a suburb (see a recent example in the Las Vegas area) but takes that revenue out of the big city? Can a team that locates in one particular area of the metropolitan region still easily represent the entire region?

17% of millennial homebuyers regret the purchase (but perhaps 83% do not??)

A recent headline: “17% of young homebuyers regret their purchase, Zillow survey shows.” And two opening paragraphs:

Seventeen percent of millennial and Generation Z homebuyers from ages 18-34  regret purchasing a home instead of renting, according to a Zillow survey.

Speculating as to why, Josh Lehr, industry development at Zillow-owned Mortech, said getting the wrong mortgage may have driven that disappointment. For example, the Zillow survey showed 22% of young buyers had regrets about their type of mortgage and 27-30% said their rates and payments are too high.

The rest of the short article then goes on to talk about the difficulties millennials might face in going through the mortgage process. Indeed, it seems consumer generally dislike obtaining a mortgage.

But, the headline is an odd one. Why focus on the 17% that have some regret about their purchase? Is that number high or low compared to regret after other major purchases (such as taking on a car loan)?

If the number is accurate, why not discuss the 83% of millennials who did not regret their purchase? Are there different reasons for choosing which number to highlight (even when both numbers are true)?

And is the number what the headline makes it out to be? The paragraph cited above suggests the question from Zillow might be less about regret in purchasing a home versus regret about owning rather than renting. Then, perhaps this is less about the specific home or mortgage and more about having the flexibility of renting or other amenities renting provides.

In sum, this headline could be better. Interpreting the original Zillow data could be better. Just another reminder that statistics do not interpret themselves…

An empty suburban parking lot

In a recent drive through a consequential suburban office park (see more here), I saw this:

abandonedparkinglot.jpg

I found the scene surprising and interesting for several reasons:

  1. This suburb prides itself on its number of white-collar office and tech jobs. A parking lot that looks like this does not fit with this image. The lot is out of the way so it is not going to attract much attention.
  2. This parking lot was on the edge of the property which included other parking lots – with some cars – and a large office building where it looks like there is plenty of activity. Perhaps the building does not have as many workers as it once did, hence the empty parking lot.
  3. Might this have to do with parking space guidelines drawn up by communities? Suburban communities can require a lot of parking for shopping malls, big box stores, and other facilities.
  4. If the parking lot has not been used for a while, I wonder at what point it is worth tearing it up. Might the property need the parking at some point? Would the space be better used as green space? This is likely not like urban parking lots where someone might hold onto the lot until property values skyrocket.

 

Cities and societies always at risk of declining?

I feel that I regularly run into these narratives: cities are in decline and American society is in decline. After seeing a recent example of the cities-will-fall-apart argument, I thought it could be worthwhile to briefly think about where these narratives come from and what they are trying to do.

In terms of cities, Americans on the whole have an anti-urban bias. Data suggests Americans would prefer to live in small towns and even President Obama (resident of numerous big cities) noted the importance of small-town values for the development of the United States. Stephen Conn details anti-urban bias in the twentieth century when the United States experienced a significant population shift to the suburbs, locations where many Americans claim they can find their best life. Population loss is a public rebuke to an entire community. The decline of Detroit is held up as a tragedy and/or lesson.

Added to this is a political edge: cities are seen as strongholds for Democrats while Republicans rule in more rural areas and are against cities. Conservatives link Democratic leadership in these cities to all sorts of problems. Some conservatives see liberal plots to urbanize Americans against their will. Declining cities would then weaken one political party and their values.

In terms of societies, I have heard arguments from evangelical religious groups that society is declining, falling into a moral abyss, and headed toward ruin. Some of this is linked to particular theological views: some Christians believe the decline of society at large will hasten the end times. Others make these claims in order to try to spur believers into action and engagement with society. Still others might argue this is a reason for retreat from society in order to conserve or protect particular religious traditions.

This is also a common tactic of groups looking to address social problems: without tackling this important issue, society is in trouble in the long-term. Additionally, such arguments can also be part of political debates. Which party is in charge when these decline starts or accelerates? Which events are interpreted as harbingers of the end? Who exactly is trying to ruin the American experiment or distort American values? Is every presidential election the potential end for the other half of Americans because yet again it is the most important election we have ever seen?The possibilities are endless.

All of this apocalyptic thinking could have some serious consequences. Do such regular narratives discourage or encourage participation and trust in communities and institutions? Do they lead to long-term optimism or pessimism about individual lives and communities? Does it all distract from good news also taking place as well as small steps that could be taken toward positive change or community building?

It is true that cities and societies can decline and have indeed done so in the past. Just because a particular city or community or country is doing well now does not mean that this is guaranteed for the future. I read a thought-provoking book on this a few years ago from a scholar who studied numerous societies that had collapsed and concluded they reached a level of complexity where an issue in the system meant that all of the social machinery could come crashing down. But, predicting decline as it is happening might be difficult just as predicting trends is difficult.

Decline may happenbut with all the competing claims of decline of this or that (plus differing views on the same phenomena) makes it very difficult to know what to do with any of the claims.

 

What a McMansion looks like to an insurer

I find McMansions to be fascinating but rarely have I thought how an insurer might view a Large Tract Home (LTH):

While they might look grand, LTHs are different from high value homes in a few key ways. Their location and design is similar across an entire subdivision, the construction materials are lower in quality, LTH construction practices are focused on efficiency, and other LTH construction costs are more predictable and less expensive. Despite those differences, insurers can run into problems when assessing the reconstruction bill for an LTH.

“A lot of times, the sheer size of them [means] a lot of carriers classify them with a much higher reconstruction cost when it comes time to rebuild,” said Benjamin Abbott, product manager for CoreLogic Insurance Solutions group, adding that the latest RCT Express release “allows carriers to visually see whether a home is classified as a large tract home or not. And if it is, then we turn down the reconstruction costs a little bit with our assumptions and allow the tool to more accurately price [the property].”

The valuation distinctions between McMansions and high value properties becomes important as natural catastrophes bear down on many parts of the US, at the same time as a lot of new homes are being built in the LTH model…

“It’s important for the insurance carriers to accurately value the reconstruction costs of any property they have because their client, the homeowner, is going to see the impact of that reconstruction cost directly in the premiums that they pay,” Abbott told Insurance Business. “Prior to this update and with other tools out there, they are potentially over-insuring, meaning that premiums may be inflated, which hurts the homeowners directly.”

Interesting assessment: the size of McMansions would lead to a higher reconstruction cost until the insurer considers the quality of the construction and the reconstruction cost drops. I assume this then means it could be cheaper to insure a McMansion than a different kind of home of a similar size?

More broadly, I wonder if insurance companies could provide data on McMansions:

  1. Just how many McMansions/Large Tract Homes are there in the United States?
  2. What is the worth of all such homes?
  3. How many and/or what percent of McMansions are located in areas more prone to natural catastrophes (such as coastal areas where beachfront McMansions can be popular)?
  4. Because of the lower-quality construction of McMansions (as noted above), do McMansions have an above average number of claims on the home insurance over time? The lower-quality construction claim is a common one but we have not necessarily had enough years pass before we can easily see more issues with the longevity of McMansions.

Open office arrangements may not work for getting work done

An evaluation of the implosion of The We Company highlights the importance of physical space for accomplishing tasks in the workplace:

Much will be written in the coming weeks about how WeWork failed investors and employees. But I want to spotlight another constituency. WeWork’s fundamental business idea — to cram as many people as possible into swank, high-dollar office space, and then shower them with snacks and foosball-type perks so they overlook the distraction-carnival of their desks — fails office workers, too.

The model fails you even if you don’t work at a WeWork, because WeWork’s underlying idea has been an inspiration for a range of workplaces, possibly even your own. As urban rents crept up and the economy reached full employment over the last decade, American offices got more and more stuffed. On average, workers now get about 194 square feet of office space per person, down about 8 percent since 2009, according to a report by the real estate firm Cushman & Wakefield. WeWork has been accelerating the trend. At its newest offices, the company can more than double the density of most other offices, giving each worker less than 50 square feet of space

But after chatting with colleagues, I realized it’s not just me, and not just the Times: Modern offices aren’t designed for deep work…

The scourge of open offices is not a new subject for ranting. Open offices were sold to workers as a boon to collaboration — liberated from barriers, stuffed in like sardines, people would chat more and, supposedly, come up with lots of brilliant new ideas. Yet study after study has shown open offices to foster seclusion more than innovation; in order to combat noise, the loss of privacy and the sense of being watched, people in an open office put on headphones, talk less, and feel terrible.

This moment might just a tipping point in the evolution of office space. Cubed suggests office layouts do change over time. What seems to be next is a mixing of older models and the open model: different spaces that range from very private (think soundproof booths or offices away from activity, sound, and eyes) to very open (think couches and play areas for activity). How exactly the imperative to save money or be efficient remains to be seen.

Hinted at in this opinion piece is another interesting idea: could truly private spaces only be available to certain classes of workers or certain people? The office has long been symbol of more power and/or responsibility. Imagine a workforce or a public where the majority of people operate in common spaces that are semi-private, with privacy usually obtained though the actions of individuals (headphones, focus on screens, etc.). In contrast, those with power and resources have access to distraction-free spaces.

Another big issue could be this: how much work these days is truly distraction-free and are we moving toward less deep work? Again, this might different by field or role. But, the rise of smartphones and the Internet means people are highly distractable from work, even in very private settings. American adults on average are consuming 11 hours of media a day, some of this which must happen at work for many.