New York City is considering a law that will require “racial equity studies”—akin to environmental impact statements—for zoning changes. The law would require “a study that would analyze the area’s demographic conditions, quality of life, housing security and displacement risk index.” One supporter of the law acknowledges that rezoning has provided great benefits, but only…
Like many cities across the nation, Olympia, Washington is facing a shortage of affordable housing for low- and moderate-income families. The city council is currently trying to figure out how much money it can extort from developers before it kills the golden goose. Of course, the city council isn’t wording it quite that way. In…
Cities across the country are relaxing their zoning regulations, and particularly single-family zoning, to address the affordable housing crisis. Some cities, such as Minneapolis, have completely done away with single-family zoning. And the Biden Administration has suggested that local governments will be required to relax their zoning regulations if they want to receive certain federal…
Legislators across the country are scrambling to develop policies that will lead to more affordable housing. (Affordable housing means that a family is paying 30 percent or less of its income on housing.) One of the most popular schemes is to provide tax credits for developers who agree to set aside a percentage of their…
The Texas Supreme Court recently ruled on the case of Powell v. City of Houston. The plaintiffs had claimed that Houston’s preservation ordinance violated the city charter, which prohibits zoning without a referendum. The preservation ordinance, the plaintiffs held, is a form of zoning. In its ruling, the Court agreed that the ordinance is zoning,…
Since 2016, California has enacted numerous pieces of legislation that pave the way for the construction of accessory dwelling units (ADUs). ADUs are also known as granny flats and in-law units, and they serve as a secondary housing unit on a parcel of land. The purpose of these laws is to stimulate the production of…
In cities across the nation, zoning laws are being revised to allow duplexes, fourplexes and other small multifamily housing in areas previously restricted to single-family homes. The argument behind these measures is that fewer government controls and restrictions on development will spur the construction of more affordable housing. The argument is correct, but relaxing land-use…
Since the sixteenth century, depictions of Lady Justice have her blindfolded to represent impartiality. Justice should be applied equally without regard to such characteristics as wealth, status, or race. Justice should be wealth-blind, status-blind, and color-blind. A group—Inwood Legal Action—in New York City rejects this concept, arguing that color-blindness kills and justice requires that race…
A North Carolina senator has introduced a bill that would eliminate single-family zoning throughout the state. The bill would require local governments to allow duplexes, triplexes and fourplexes in all areas zoned for residential. Not surprisingly, local governments are objecting. Local government officials argue that the bill interferes with their power to dictate land use….
A growing trend in housing is building more missing middle housing. In most cities, new housing consists of single-family homes, mid-rise or high-rise apartments, and large apartment complexes. In between these “extremes” is the missing middle—duplexes, fourplexes, small apartment buildings, and cottages. Prior to the 1920s, this assortment of housing options was available in most…
Given my vehement opposition to zoning, one might think that I would be cheering a plan from the Biden Administration aimed at reducing single-family zoning. But there is little reason to cheer this plan. Biden has not suddenly become an advocate of property rights. The stated goal of Biden’s plan is to allow greater housing…