Suing Bay Area suburbs to provide denser housing

Changed plans for a new development in Lafayette, California have housing advocates looking to sue the suburb:

The California Renters Legal Advocacy & Education Fund has launched the website Sue the Suburbs to bring attention to the situation in Lafayette. The site is also set up to find people who could have rented one of the 315 apartments from the original housing plan, had it been approved. If the group can successfully find plaintiffs, this could be the opening salvo for potential legal action against other Bay Area cities to force them to kick in to help house the region’s explosive population growth…

Lafayette is a “semi-rural” town looking to stay that way. It actually lost 15 residents between 2000 and 2010. During that period, the number of renter-occupied housing units dropped significantly from 2,128 to 1,186 units. Meanwhile, Lafayette’s white population also dropped, from 86.8 percent to 84.7 percent, while its Latino population rose from 4 percent to 5.8 percent. The black population was mostly static at less than 1 percent over the 10-year period.

In 2013, the city outlined a number of reasons for its opposition to the apartments based on its general plan for land use. One of those: “The character and pattern of the proposed development is unprecedented in Lafayette and not compatible with the residential neighborhoods in the vicinity of the project, which are characterized by one-and-two story residences fronting on a network of residential streets.”…

Those amenities will fulfill Lafayette’s needs, but they leave the Bay and San Francisco hanging. The Association of Bay Area Governments set goals for new housing production for each municipality in the region, called the Regional Housing Needs Allocation, to accomodate population growth. Lafayette built just 65 percent of its goal between 2007 and 2014. Actually, none of the Bay Area counties are pulling their weight in the housing plan.

This highlights how affordable housing is an issue for all of metropolitan regions to address. Many wealthier areas, whether neighborhoods in large cities or suburban communities, are unlikely to promote affordable housing on their own. Even when studies suggest affordable housing won’t lower property values, these communities are worried about their quality of life – which also can be seen as code for not wanting certain racial/ethnic groups or poorer residents to move in.

Yet, most regions do not have effective mechanisms for compelling metropolitan wide action. Lawsuits are one route to go with a long history: see the Gautreaux case in Chicago or the Mount Laurel case in New Jersey as notable examples. Other options including combining city and county governments and developing metropolitan wide bodies with the ability to enforce regulations. None of these routes are particularly easy as many residents of wealthier areas did so in order to retain local control.

And if all the Bay Area counties are behind in promoting affordable housing, perhaps this lawsuit is only the beginning…

How to get wealthier communities to accept affordable housing

This article discusses two tools to promote affordable housing in wealthier communities: regulations and lawsuits.

But Massachusetts has a work-around: A state statute, called 40B, allows developers to get around exclusionary zoning and build affordable housing in communities where only a small percentage of units are considered affordable. (A few other states have similar policies.) The statute, passed in 1969 and upheld by the state’s Supreme Judicial Court in 1973, has led to the construction of 1,300 developments throughout the state, containing a total of 34,000 units of affordable housing, according to Citizens’ Housing and Planning Association, or CHAPA.Projects built under 40B are almost always controversial: The statute was enacted in the first place because most communities outside of big cities didn’t permit multi-family housing, said Ann Verrilli, the director of research at CHAPA. Even with the statute, communities often spend millions of dollars in legal fees to try and stop the projects, Verrilli told me…

The experience of developers trying to build affordable housing in Massachusetts takes on added significance now, as housing advocates wait for a decision on a landmark case in front of the Supreme Court that concerns where low-income housing projects are placed. The case, Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, arose when a nonprofit housing group sued Texas, arguing that the state primarily distributed tax credits for low-income housing projects in minority-dominated areas. Inclusive Communities argued that doing so perpetuated segregation and violated the Fair Housing Act, which was passed in 1968 to prevent landlords, municipalities, banks and other housing providers from discriminating on the basis of race. The Supreme Court case centers on whether this discrimination has to be intentional in order to be illegal, or whether the Fair Housing Act also seeks to prevent policies that may not be intentionally discriminatory, but that have a “disparate impact” on minorities…

Many affordable housing units in the suburbs are a direct result of court cases, and even enforcement of those programs are lax. In 2009, Westchester County in New York signed a desegregation agreement and agreed to build and market hundreds of apartments for moderate-income minorities after a court found it had misled HUD by applying for funds that it said it would use to integrate housing, and then did the opposite. Four years later, the county had not complied with the provisions.

The shift from discriminatory race-based housing policies to economic ones in the 1960s and 1970s was an important one. I suggest reading David Freund’s Colored Property: State Policy and White Racial Politics in Suburban America. This is the logic still used today: better off residents argue that they worked hard to get to their higher quality of life and that others should have to do the same. But, since race/ethnicity and social class are inextricably linked, keeping out the lower classes through big lots, expensive properties, a lack of apartments, and other methods leads perpetuates residential segregation.

Two other relevant points from this article. First, affordable housing in the suburbs can be done well through good design and not high levels of concentration. Second, given the resistance to such projects as well as design guidelines that are helpful, still nowhere near enough affordable housing has been constructed. In one sense, the foot draggers of wealthy communities are winning because they have slowed down a process started by the courts in the late 1960s (the Gautreaux case) and 1970s (the Mount Laurel case). Plus, the wealthy can move easily if their properties are threatened.

New York City’s public housing bind

While many cities like Chicago demolished public housing high-rises with federal money, New York City did not do so to the same degree. That means there are public housing issues lurking in the near future:

But now New York City is in a bind. It didn’t have to tear down its high-rises under HOPE VI. But it also didn’t receive federal funding to improve its public housing, as HOPE VI recipients did (in the first decade of the program, the government dispersed $5 billion through HOPE VI). Now, NYCHA is left trying to figure out how to maintain decades-old buildings and reduce the number of people on the waiting list for public housing, all as federal funding for public housing continues to drop.

Popkin, with the Urban Institute, worries that this means that certain high rises in New York’s public-housing system are becoming as bad as the worst projects initially targeted in HOPE VI. Brownsville, in Brooklyn, is now the largest concentration of public housing in the country, for example. Brownsville also has the lowest median household income in New York City. In many other areas of the country, an area of one square mile of public housing would not be allowed to exist anymore. In New York, it still does, even as violence worsens and gangs take over. And the city doesn’t have the funds to change that, let alone improve other public housing buildings.

Public housing in New York City hasn’t received as much attention from scholars and the press as it has in other cities – particularly compared to Chicago. Perhaps this is because the situation was never quite as bad, whether due to lower levels of isolation (as noted in the article) or because the NYCHA was better managed than the chronically mismanaged Chicago Housing Authority. Or perhaps the urban sociologists in NYC focused on other topics. Or maybe the glittering portions of New York City are overwhelming – don’t forget the current luxury construction boom in the city.

In the long run, New York City is not immune to the same issues of inequality and a lack of affordable housing that many major cities face. If the city wants to avoid facing bigger problems down the road, it would be prudent to take action on housing now.

How big investors buying up properties may be limiting cheaper housing

The economic crisis opened up space for bigger housing investors yet here is one argument about how their actions may be limiting the supply of cheaper housing:

A recent article in the Wall Street Journal highlighted how some investors are using algorithms to quickly parse housing data and formulate bids on undervalued properties, site unseen. While doing so is a cool technological feat, it can spell trouble for normal people trying to navigate the often complex home-buying process in order to make offers on similar homes. And algorithms aren’t the only benefit that more sophisticated investors have. “Investors are winning over the first-time buyers in some bidding processes because investors are all cash,” says Lawrence Yun, a chief economist at the National Association of Realtors. For a seller that means a smoother deal: no waiting around on financing, loan approvals or other inconveniences that traditional buyers bring to the table.

For their part, some investors contend that the homes they purchase don’t put them in direct competition with first-time buyers. Invitation Homes, an investing and leasing company owned by Blackstone says that they typically funnel another 10 to 12 percent of the purchase price into renovations in order to make a property market-ready—an investment that most first-time home buyers wouldn’t be able to afford. Many investors also contend that compared to the number of homes that are bought and sold nationwide, their activity is just a drop in the bucket.

When looking at the big picture, that’s true. Nationwide, large institutional investors made up only 4.3 percent of the single-family home purchases in the market during 2014, according to RealtyTrac a real-estate data firm. And overall investment activity is dwindling as home values return to normal and there are fewer deals to be had. Dallas Tanner, the chief investment officer at Invitation Homes says that the group currently buys about $25 to $30 million a week of single-family properties, that’s down from their 2012-2013 peak when the group spent upward of $160 million each week.

But like all things in real estate, it’s also a matter of location. Lots of investor activity is concentrated in markets where homes are still available at reasonable enough prices that purchasers can turn a profit. According to a February 2015 report from RealtyTrac, “There were 35 zip codes nationwide where at least 50 single-family homes were purchased by institutional investors in the fourth quarter, with institutional investor purchases representing from 17 percent to 74 percent of all single-family home sales in those zip codes.” Places like: Atlanta, Phoenix, Las Vegas, and Memphis. Those are also places that first-time buyers have the best bet of stretching their dollar far enough to purchase a home. Herbert, of the JCHS, says that that in some places, developers may in fact be pushing out normal home buyers, “For certain property segments, they may be creating competition.”

Even as the higher end of the housing market does well (see recent evidence here, here, and here), any impediment on the lower end of the market isn’t helping these days. With developers not showing much interest in building starter homes, these institutional investors may be grabbing up homes that those who want to join the housing market – whether recent college graduates or those working lower-income jobs – would need to get their foot in the door.

So if Americans – from politicians to average citizens – want to push homeownership, are these institutional investors good for this in the long run?

What is the goal of Naperville’s first housing expo?

Naperville will host its first housing expo this Saturday:

The new event is an effort to provide answers for people with all types of housing needs, said city spokeswoman Linda LaCloche. Help for buyers, renters and seniors usually is spread out among several agencies…

The DuPage Homeownership Center, BMO Harris Bank, Naperville Bank & Trust and the Main Street Organization of Realtors are the city’s main partners in the event, which will present resources from 19 agencies or businesses including banks, real estate agents, lawyers, home remodelers, title companies and insurance agents…

The 9:15 a.m. session will cover the money side of buying a house including topics such as financing, credit, grants, incentives, homebuyer assistance, budgeting and avoiding foreclosure…

A panel at 10:15 a.m. will cover home maintenance and tips for seniors to stay in their homes. How to choose a contractor, how to avoid scams, how to use programs that help pay maintenance costs and which types of repairs require city permits all will be discussed.

A final session at 11:15 a.m. will discuss the rental responsibilities of landlords and tenants. Members of the city’s housing commission, who helped plan the new event, will lead the session and share information about Naperville’s crime-free housing program. The city council could extend the voluntary program or make it mandatory.

It is not immediately clear the purposes of this event. The city suggests this is about providing information regarding housing needs. But, only certain groups are targeted – those who want to buy homes, seniors, renters and landlords – as I don’t see much information about affordable housing or dealing with teardowns or having good interactions with neighbors (as possible examples). If I had to guess, this sounds like more of an event promoting homeownership. This makes sense in a community like Naperville that is relatively wealthy but it doesn’t exactly promote a full range of housing issues.

Scatter-site public housing also won’t work in providing affordable housing?

Megan McArdle argues neither concentrated public housing or scatter-site public housing can effectively address the issues of affordable housing:

And so here we are: The government simply has relatively little power to create more affordable housing in the face of massively increasing demand for homes in desirable cities like Washington, New York and San Francisco. It can create some units that will benefit a few people. It can slow the process of gentrification a bit. But the dream of adding all those new, affordable-housing-advocating, affluent young people to the city, while allowing the former residents to stay in place, seems to me to be just that: a dream. A nice dream. But still a dream, which like all dreams will eventually evaporate as reality overtakes it.

McArdle suggests the economic and political realities are too tough for affordable housing to do well and to limit gentrification. I would also suggest that this hints at the ongoing influence of race and class. While this could be spun as the result of economic laws (supply and demand) and politics (certain urban residents have more of a political voice and ability to influence decision-making), race and class underlie much of this. Who are the people who live in affordable or subsidized housing? Who are the people who tend to live in more exclusive communities or who are doing the gentrifying? These patterns of race and class are much broader than just the hot neighborhoods in major cities; they influence many of the settlement patterns across the United States.

Despite the pessimism here, this also means there is a big opportunity to figure this out. Are there contexts where affordable housing on a big enough scale works? Places where race and class matter less? Methods where both protecting property rights and providing for those with resources can coexist?

Suburbanites who don’t like proposals for affordable housing in the Twin Cities region

The Metropolitan Council for the Minneapolis-St. Paul region is working on plans for affordable housing but a number of suburbanites are not pleased with where the affordable housing might go:

The Met Council sees a growing problem. Its own newly available data suggest that annual production of affordable housing has dropped by hundreds of units since 2010, even as market-rate housing has rebounded.

An advance peek at the Met Council’s proposed goals, to be released late Monday, shows that communities considered to be prime locations for adding affordable units include upper income suburbs, such as North Oaks and Eden Prairie, and cornfield’s-edge fringe communities such as Minnetrista and Lake Elmo…

The target numbers — released this week for public comment, with adjustments possible from now to July — are part of a once-per-decade planning process that will begin in every city this fall. Each must start to figure out how to accommodate the additional units.

The Met Council is under heavy fire for allegedly pushing too much affordable housing into areas with plenty of it already, intensifying concentrations of poverty and perpetuating racial segregation in the Twin Cities.

It will be interesting to see how this plays out. The region has a history of metropolitanization, a rare occurrence in American cities, as well as an openness to immigrants, yet advancing affordable housing units in middle- to upper-end suburbs may be going too far. As some of the suburbanites in the article note, they moved to these communities to escape issues like this. But, the quality of life concerns they tend to express (good school, low crime, sense of community) seem to be inextricably linked with race/ethnicity and social class. Just a reminder that part of the benefits of having money in the United States is that one can move to such a place that insulates you against interacting with others.

Following the ideals of Gautraux to deconcentrate poverty in the Chicago suburbs

The Gautreaux Program in Chicago preceded Moving To Opportunity and now there are more recent efforts to deconconcentrate poverty in the Chicago region:

After all, suburbs are no longer the bastions of privilege they once were (though majority white suburbs still, for the most part, are). Since the recession, it’s the exurbs in Chicago that have had job growth, while affordable housing near those jobs is often hard to find. Poverty is growing in suburbs across the country, including in Chicago, and moving families blindly out of the city may do more harm than good.

That’s why Chicago’s leaders are now focusing on helping low-income people live in mixed-income neighborhoods in both the suburbs and the city that have good access to transit and jobs, high homeownership rates, low commute times, walkable areas and a low percentage of people receiving public-housing assistance, said Robin Snyderman, a non-resident senior fellow at the Brookings Institution who also works as a consultant on housing policy in Chicago.

Nine housing authorities now participate in a regional pool of resources that began more than a decade ago. They include authorities in counties such as DuPage, Lake, and McHenry, using the money to build nearly 30 mixed-income developments in “opportunity areas” that are near transit and job opportunities.

“Just getting rental housing into some of these communities was hard to do for many years,” said Snyderman said.

A pilot program launched in 2011, the Chicago Region Housing Choice Initiative (CRHCI), encourages families to use vouchers to move to some of these locations, giving them counseling to help them do so.

Regional authorities and mayors have “adopted new tools for promoting inclusion and diversity, building on the lessons learned from Gautreaux,” she said. “I feel more hopeful that the historic segregation in the Chicago region can be transformed—because it’s now not all on the shoulders of the public housing authority,” she said.

See this earlier post about some of the results of the Moving To Opportunity program. These programs aren’t immediate panaceas and progress is often slow. It took decades to get Gautreaux into action and more time to assess results from MTO. Additionally, it can be difficult to get wealthier suburbs to buy in – if they do talk about affordable housing, it tends to involve seniors, young college graduates, or civil servants, not actually poorer residents.

In all, residential segregation is a difficult problem to address. If it is all left to the market, wealthier residents will move to nicer suburbs, maintaining or increasing their life chances, and then limit the access of others to move into their communities (even if they need them as workers in that community). Social programs can help but they can be costly, it takes time to assess their effectiveness, and it requires wealthier communities to get on board. This is one of those social problems that requires patience, active efforts, and time to see social change occur.

Affordable housing issues in rural America

Rural America may have fewer people than suburban or urban areas but it also faces an affordable housing problem:

It can be hard to understand how finding affordable housing could be an issue in areas where housing is substantially cheaper than it would be in the nearest city or suburb. But the fact of the matter is, despite lower costs of living, income for many in rural areas is also significantly lower thanks to limited economic opportunities and struggling industries, like coal.

“When we are looking at areas that are most challenged economically we’re also finding some of the most challenging housing conditions,” says David Dangler, the director of Rural Initiatives at NeighborWorks America, an organization that advocates for affordable housing and acts as a network for nonprofit housing groups. Poverty is high in rural areas, with about 17.2 percent of rural residents living below the poverty line in 2012 versus 14.9 percent nationwide, according to 2012 data from the HAC. “Much of the affordable-housing stock in rural housing areas is old and in need of repair. Many of the people who live there don’t have the resources that they need in order to keep the houses in good repair,” says Sheila Crowley, president of the National Low-Income Housing Coalition…

When it comes to creating new homes, interest is often thin and those that do opt in, face many unique hurdles. “Developers can’t count on any kind of municipal infrastructure to help them,” says Dangler. When it comes to building, things that are often taken for granted in more urban areas, like water, sewers, and even access to quality roads, aren’t guaranteed, which can make building a quality house much more challenging.”

Aid is somewhat sparse too, for both building and rehabilitating properties. “There’s a handful of programs that serve people in rural communities. They tend to be much smaller in scale in terms of the amount of money than the HUD programs. They also tend to be lost in the bureaucracy,” says Crowley. That’s particularly problematic because “rural areas have been traditionally more dependent upon public subsidies and publicly-funded programs than their urban counterparts,” according to Dangler. “There can be a disproportionate pain in rural areas as we attempt to right our financial books by cutting back on federal-housing programs.”

Sounds like a variety of problems at work including difficult economic conditions, a lack of public, government, and philanthropic attention, and, lurking in the background, the difficulty in administering social services in less dense areas. Just like communities have to work harder to tackle more distributed by still present poverty in the suburbs, attacking this housing issue in rural areas is simply harder to do in decentralized locations.

Would cities consider tiny house villages to combat homelessness?

One writer explores how villages of tiny houses can address problems of homelessness in American cities:

Tiny-home villages for the homeless have retained the idea of everyone having their own tiny structure to sleep and find privacy in, but have, for the most part, consolidated bathroom, kitchen, and recreational space into one or two communal buildings with some combination of plumbing, electricity, and heat. In many ways, they are a multi-roof version of the old-fashioned urban SRO (single-room occupancy) hotel or boarding house, with separate bedrooms but shared baths and kitchen, that provided the working and nonworking poor with affordable living options in so many cities before gentrification turned those properties into boutique hotels or market-rate apartments…

In this regard, they may be solutions that not only alleviate homelessness, but also prevent it by creating more affordable housing. They provide an option below the lowest rungs of market rent, which in cities such as Portland and Eugene can start around $700. In the gap between such rents and low-income units (such as those subsidized by the federal Section 8 program), for which there are often long waits, homeless people often have no options except for shelters — which afford no privacy and, more vexingly, usually kick people out between early morning and late afternoon — or the streets…

They may sound prefab, but tiny-home villages, governed and operated at least in part by the villagers themselves, offer a modicum of safety, stability, warmth, cleanliness, autonomy, and privacy. The feds “have very high standards for [traditional] affordable housing and it’s quite expensive,” said Kitty Piercy, Eugene’s mayor, “so Opportunity and Emerald are ways for us to be able to help some people at a much-reduced cost.”

Add to that reduced fear and stress on the part of residents. “I don’t wanna live here forever,” I was told on a visit to Opportunity Village by a wiry, sweet-natured, 42-year-old recovering alcoholic who goes by the name Johnny Awesome. He was building a small greenhouse onto the front of his cheerful blue cottage, festooned with colored flags and a small disco ball. “This isn’t the top rung of society,” he said. “And the weather dictates a typical day here too much.” Sunny days found residents outside, gardening and building; rainy and cold ones found them holed up in their cottages or congregating in the 30-foot-diameter communal yurt containing computers with Wi-Fi, a large-screen TV, and a pantry.

As the overview goes on to note, this may not just be an issue of being able to build some tiny houses and forming a community. Rather, such villages raise larger questions that cities need to address. Are they willing to let some profitable land be used for such purposes? Where might they allow zoning for such villages? Are cities truly committed to affordable housing? Are cities willing to address the complex issues of homelessness rather than simply trying to regulate or legislate homeless people away? These are not easy questions for cities to answer as they all feel the need for more revenue and exciting new developments. Tiny house villages might be effective ways to address homelessness but they come with an opportunity cost of the land not being used for something else.

I wonder if there is a major city outside of the particular area profiled here – “So far, they seem to be occurring in and around mid- and small-size Western cities whose cultures have some mix of permissive, progressive politics and a certain pioneer DIY spirit” – that would be willing to run an experiment with such a community.