Publications
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The Effects of Inclusionary Zoning on Local Housing Markets
This study evaluates the impact of Inclusionary Zoning policies on housing markets in the San Francisco, Washington D.C. and suburban Boston areas. The analysis provides local decision-makers with valuable evidence on the impacts of IZ—a popular but often-controversial affordable housing policy. The policy brief includes an update from February 2010, summarizing additional research that has been completed since the original publication in March, 2008.
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The Effects of Inclusionary Zoning on Local Housing Markets
Many local governments in metropolitan areas with high housing costs are adopting inclusionary zoning (IZ) as a means of producing housing that is affordable to low- and moderate-income households without direct public subsidies. Critics charge that IZ ordinances impose additional costs on new development and may lead to reductions in supply and increases in the price of market rate housing. Advocates of IZ argue that any negative effects IZ might have on production can be mitigated through density bonuses or other cost offsets. Rigorous empirical study of the effects of inclusionary zoning ordinances has been hampered by the lack of accurate, timely data describing IZ and the land use regulatory schemes in which IZ programs fit. In this paper, we use panel data on the adoption and characteristics of IZ in the San Francisco and Washington DC metropolitan areas and the Boston-area suburbs to analyze which jurisdictions adopt IZ, how much affordable housing the programs produce and the effects of IZ on the prices and production of market-rate housing. The IZ programs among our sample jurisdictions are complex policies and exhibit considerable variation in their design, particularly across the three regions. We find that larger, more highly educated jurisdictions and those surrounded by more neighbors with IZ are more likely to adopt IZ. Whether and how many affordable units are produced under IZ depends primarily on the length of time IZ has been in place. The results from Boston-area suburbs provide some evidence that IZ has contributed to increased housing prices and lower rates of housing production. There is no evidence that IZ has constrained supply or increased prices among Bay Area jurisdictions. Limitations on the availability and quality of our data suggest that our results should be interpreted cautiously, but also suggest that IZ programs should be designed cautiously to mitigate possible negative impacts on housing supply.
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Land Use Controls: Cases and Materials (Third Edition)
A thematic framework that reveals the connections among the multiple discrete topics under land law, with attention to the factual and political context of the cases and the aftermath of decisions
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Removing Regulatory Barriers: One City’s Experience
The difficulty of developing housing in New York City is as legendary as its cost. The city has had a vacancy rate under 5% — the legislative threshold defining a housing “emergency”—for more than 55 years. More than one commission or blue ribbon panel has identified government regulation as one of the primary causes of the housing problem. Since 2000, however, an opportunity presented itself to finally make some progress in reducing the cost of housing construction. Removing regulatory barriers to housing development caught the interest of two mayors—Rudolph Giuliani and Michael Bloomberg—and their respective housing commissioners.
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Comment on ‘The Effects of Affordable and Multifamily Housing on Market Values of Nearby Homes’
Advocates of growth management and smart growth often propose policies that raise housing prices, thereby making housing less affordable to many households trying to buy or rent homes. Such policies include urban growth boundaries, zoning restrictions on multi-family housing, utility district lines, building permit caps, and even construction moratoria. Does this mean there is an inherent conflict between growth management and smart growth on the one hand, and creating more affordable housing on the other? Or can growth management and smart growth promote policies that help increase the supply of affordable housing?
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Regulatory Barriers to Housing Development in the United States
Nothing provides as much material for comparative legal study as the great variety of rule-making that characterizes land law. Land law is perhaps the only legal area in which the leveling march of globalized uniformity has had to yield to the progressive development of local customary law.
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The Housing Court’s Role in Maintaining Affordable Housing