Keeping track of the Democratic field on housing

Curbed is tracking the housing positions of the Democratic candidates for president in 2020. Here is part of the overview of YIMBY policies:

Yes In My Back Yard (YIMBY)…

Because these laws are administered at the local level, federal policy can’t do much to directly change these laws and instead attempts to incentivize—or punish—local governments to change them. Castro has proposed a Presidential Commission on Zoning Reform to establish federal guidelines on land use and zoning. O’Rourke would direct HUD to come up with a model for setting zoning and land use policies that let formerly restrictive communities to allow more housing production.

Warren’s plan puts $10 billion into a new grant program communities can use to build infrastructure, but local governments have to reform land-use laws to be eligible.

Booker’s plan uses a similar mechanism by tying more than $16 billion in federal block grant money—including Community Development Block Grants (CDBG)—to local governments reforming zoning laws that serve as barriers to building more housing units. Castro also wants to expand CDBG and rural development programs by $2 billion per year and tie the money to zoning reforms. O’Rourke would double CDBG funding and provide new grants to communities that eliminate restrictive zoning laws.

Klobuchar proposes “prioritizing” local governments that reform local zoning laws when allocating federal housing and infrastructure funds, but doesn’t specify which ones.

Bennet would create a one-time $10 billion competitive grant program for state and local governments that reform zoning laws to allow for more housing density, in addition to increasing the funding of transportation grant program BUILD to $4.5 billion and make it eligible only to local governments that allow for more housing density near transportation hubs. Eligibility for New Starts, a grant program for fixing rail infrastructure, would also be deployed in this manner.

O’Rourke has a zoning-related proposal that’s unique among the candidates. He would allow people to deduct more in state and local taxes from their federal tax returns if they live in areas without restrictive zoning. There’s currently a $10,000 cap on SALT deductions, and that cap affects mostly coastal cities where restrictive zoning is a major issue. He would also pass a $1 trillion infrastructure package to repair transportation lines that would be tied to eliminating exclusionary zoning.

Three quick thoughts:

  1. As the section above goes on to note, it will be difficult to enact change within wealthy communities through federal policy. Without buy-in from whole metropolitan regions regarding housing, would any YIMBY policies at a federal level simply push cheaper housing into communities that already have more of such housing?
  2. The subheadline for this article suggests “Housing policy is taking center stage in the 2020 election.” This is a bold pronouncement as housing seems to attract little attention in debates or drives little national conversation. I would still be interested to see someone really run with the housing issue.
  3. I have not seen recent numbers on this: how does housing as an issue rank among other possible issues among the electorate? There are certain areas of the country – like some of the largest metropolitan areas – where this is a pressing issue while it is less important elsewhere. On one hand, housing effects all possible voters but it rarely attracts national attention, particularly compared to other national economic issues like jobs or income.

Suing for more suburban housing

A California law makes it possible to sue communities regarding housing:

Pro-housing activist Sonja Trauss, a pioneer in the YIMBY movement, was reading about a controversial 315-unit affordable apartment project in Lafayette in 2015 when she learned about a 1982 state law she’d never heard of before: the Housing Accountability Act.

The law said municipalities must approve a housing development as long as it is consistent with local zoning rules and general plan objectives, would not create a public health hazard or take water from neighboring farms, and would meet state environmental standards…

The California Renters Legal Advocacy Fund, or CaRLA — a group Trauss and her YIMBY allies formed in 2015 — is waging the sue-the-suburbs campaign. CaRLA has used the Housing Accountability Act to sue on behalf of developers in Sausalito, Berkeley, San Mateo, Sonoma, Dublin and Lafayette…

While the lawsuits will eventually result in some increase in the Bay Area’s housing stock — none of the projects in question have opened yet — the bigger impact so far has been to make municipal officials aware that violations of the Housing Accountability Act could result in expensive litigation.

How long until California changes the law to give communities more say over these matters? Not surprisingly, the end of the article mentions a counter group that a co-founder says is “not NIMBYs or anti-housing; for us the issue goes back to democracy and local control.” Suburbanites do like their local control.

This certainly would not be the first time the courts have been used to allow new housing construction in wealthier suburbs. It may be the only way to force compliance from suburbs that would rather not have cheaper housing and different kinds of residents. Unfortunately, it can be a very slow process within specific cases and overall progress is limited. Perhaps the threat of lawsuits and several successful cases in the past could force suburbs to move more quickly but I would guess some would still aim to drag out the process as much as possible.

Final thought: it would be interesting to track what happens to these developments allowed by the courts over time. Do communities eventually accept the housing units and residents? Would a positive response to a new development than encourage the community to pursue other similar developments? Or, does a court victory lead to hardened resistance?