The rise in LLC property owners in Chicago

A new analysis shows that LLCs now own more properties in Chicago compared to two decades ago:

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In the last two decades, LLCs have become an increasingly common way to own real estate in Chicago, according to a first-of-its-kind analysis of 26 million property records by WBEZ, Injustice Watch and the Mansueto Institute for Urban Innovation at the University of Chicago.

The share of multifamily rentals owned by LLCs increased from 3% in 2006 to 16% in 2022, the analysis shows. Their share of ownership among larger apartment buildings with seven or more units, like the one where Carter resides, increased from 9% in 2006 to 34% in 2022.

Why the increase?

But LLCs gained traction with real estate investors in the 1990s when they realized LLCs had very minimal disclosure requirements, Hamill said. In Illinois, for example, only the manager and agent of an LLC — neither of whom are necessarily owners — are required to be publicly disclosed…

“There’s two big advantages with LLCs. One is the tax advantage that you’re not taxed as a corporation. The other big one is the ability to isolate liability and isolate financial assets,” Immergluck said…

But experts say the issue with LLCs isn’t their protection against legal liability. They say the problem with LLCs is the lack of transparency.

This could be told as a story of how a change in bureaucratic structures – the ways a corporation could incorporate – led to unintended outcomes. A new option from the 1970s eventually proved useful for property owners. But that could prove problematic for renters who cannot easily find people who can address important property issues.

This is a similar but different concern that those expressed in recent years about institutional investors buying up housing. What is similar is that some hard to find or hidden or presumed-to-be self-motivated actor is buying up housing and not acting in the best interests of residents or the broader good. What is different is that the concerns in the article above are primarily about the lack of having a person to contact and hold responsible, not about the numbers of units that are less affordable or less accessible because an LLC or corporation is acting rather than an individual owner. So this may not be a question of whether corporations can buy residential properties; it is about whether residents can know who these corporations are and whether they can be counted on to fulfill the landlord’s duties.

It would be interesting to hear from landlords what they would think of changes that would reveal their ownership. Would landlords who want to do the right thing object to this? Would some still want to not have their ownership public but would respond to residents well through property managers?

The “natural flow” of people toward renting rather than homeownership?

In discussing the construction of a new suburban apartment building, one person describes the demand for the apartments:

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“We have seen the rent increases in the suburban market in general have been pretty strong over the last few years,” he said. “There’s a lot of people who normally would have gone out and maybe rented for a few years and then bought a home, are not doing that. They’re staying in apartments longer.

“So you have the natural flow of new people coming in and less people walking out the door for home ownership, and a lot of that is just due to the high interest rate environment and people wanting to retain the flexibility of renting right now,” Devries explained.

Is this “natural” that more people or certain people at the moment are willing to rent compared to own? These two paragraphs mention several reasons why this shift did not just happen:

  1. Increase in rents. This means at least some apartments are available to those with the resources to pay for it.
  2. Higher mortgage rates mean homeowner’s monthly payments are higher.
  3. Renting can offer flexibility in a tight housing market or when people are feeling economic uncertainty.

These are the result of social, economic, and political forces. And I wonder if all of these people who find it “natural” to rent now would prefer to own a property. If conditions were different, would they rather purchase a home, condo, or townhome? Or what if this to-be-constructed building did not contain apartments but rather contained condos?

The “natural” flow in American life for roughly the last century has been toward single-family homes and homeownership. This takes different forms – not just homes but condos and townhouses – and may not appeal or be available to everyone. But my guess is that if the three listed conditions above were more favorable toward purchasing units, that is what more people would seek and developers/builders would produce.

When suburbanites tell you who they do not want to live in apartments near them, Darien edition

The City Council of the suburb of Darien recently approved a new apartment complex. The public discussions of the proposal and the discussions of a different apartment proposal in 2021 showed why residents did not want apartments:

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Neighbors objected, saying they’d prefer condos to apartments. Some said they feared the apartments would turn into Section 8. Others raised the prospect of crime…

Alderman Joe Kenny said then that the building in question would not be an issue if the developer planned condos instead of apartments…

“I felt some of the comments in the emails came off as really derogatory. The tone in those statements, they came off to be kind of racist, and it promoted a level of classism that Darien is not proud of,” said Vaughan, who was the council’s only African American.

In response, a man stormed out of the room. Others denied that race was a factor.

But race was explicitly mentioned in one of the dozens of comments that the city posted to its website.

Across suburban communities, these two reasons are commonly mentioned in opposition to apartments: (1) who will live in the apartments and (2) preference for condos or other forms of residences that require ownership. Regarding the first, sometimes the language is veiled and sometimes it is not. It sounds like those who opposed apartments in Darien were clear about who they did not want in the community. And that building condos instead would address their concerns.

And what is the answer in suburbs to these concerns? Here is one answer given in Darien:

He said The Jade was a “beautiful building,” occupied by young professionals. An alderman said something similar recently.

To assuage the fears of residents, these reasons are often provided: the new apartments will look high-quality and young professionals will live there. These are intended to show that these apartments will be occupied by people residents will find acceptable in the community.

This is a way that suburban exclusion continues. I have found similar discussions happening for decades for Chicago area suburbs. Another reason sometimes provided by objectors is that apartments will disturb the character of the community. This reason is often related to the two explicitly mentioned above.

Decisions about development are not just about properties and buildings; they are about who community members want in their suburb.

Post pandemic evictions up in some cities, down in others

Looking at evictions across American cities and regions after the pandemic shows differences:

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Eviction filings over the past year in a half-dozen cities and surrounding metropolitan areas are up 35% or more compared with pre-2020 norms, according to the Eviction Lab, a research unit at Princeton University.

This includes Las Vegas, Houston, and in Phoenix, where landlords filed more than 8,000 eviction notices in January. That was the most ever in a single month for the county that includes the Arizona capital. Phoenix eviction-court hearings often run for less than a minute. One judge signed off on an eviction after the tenant admitted to missing two rent payments…

Overall, eviction notices were up 15% or more compared with the period before the pandemic for 10 of the 33 cities tracked by the Eviction Lab, which looked at filings over the past 12 months…

Even with the higher eviction rates in several major cities, evictions more broadly have settled to roughly where they were before the pandemic. The first five months of the year had about 422,000 filings for eviction across the 33 cities and an additional 10 states tracked, down slightly from prepandemic norms in those same places. 

In New York City, Philadelphia and some other cities, filings have stayed down due in part to increased protections for renters.

The article does not list all the cities involved but it looks like those with higher evictions post-pandemic are growing Sunbelt cities. The article suggests the differences are due to more protections for renters in some places than others. I wonder if this goes along with several other factors:

  1. These regions are growing at faster rates than some other regions, particularly in the Northeast and Midwest.
  2. Different political regimes in different regions. Are the different levels of renter protections about whether the region (and the state it is in) leans more conservative or liberal?
  3. Different regional histories.
  4. How much did the pandemic affect local eviction policies? It could have led to more protections in some places.

It is cool to now have this data over time. I recommend reading the work – Evicted – that helped make this work possible.