Publications
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Policy Brief: Fifty Years of Historic Preservation in New York City
This policy brief compares the development characteristics, housing stock, demographic characteristics, and commercial characteristics between historic districts and areas that are not regulated by the Landmarks Preservation Commission (LPC). It finds that New York City’s historic districts have similar population and built density to non-LPC regulated areas, but also contains a higher proportion of market-rate housing. Residents of the city’s historic districts are also higher-income, more highly educated, and more likely to be white.
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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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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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Responding to Changing Households: Regulatory Challenges for Micro-Units and Accessory Dwelling Units
In many areas of the country, the existing stock of rental housing falls significantly short of the need, both in terms of affordability and the sizes and configurations of available housing matching the needs of prospective tenants. In response to these and other concerns, a number of jurisdictions have revised their regulations to permit the development of more compact rental housing units, including both accessory dwelling units (ADUs) and micro-units.This paper provides a detailed analysis of the regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York; Washington, D.C.; Austin; Denver; and Seattle. This research was conducted as part of the What Works Collaborative. For more, see the accompanying research brief, Compact Units: Demand and Challenges; download a zip file with city-level data; or view the press release.
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Silver Bullet or Trojan Horse? The Effects of Inclusionary Zoning on Local Housing Markets in the United States
Many local governments are adopting inclusionary zoning (IZ) as a means of producing affordable housing without direct public subsidies. In this paper, we use panel data on IZ in the San Francisco metropolitan area and Suburban Boston to analyze how much affordable housing the programs produce and how IZ affects the prices and production of market-rate housing. The amount of affordable housing produced under IZ has been modest and depends primarily on how long IZ has been in place. Results from Suburban Boston suggest that IZ has contributed to increased housing prices and lower rates of production during periods of regional house price appreciation. In the San Francisco area, IZ also appears to increase housing prices in times of regional price appreciation but depresses prices during cooler regional markets. There is no evidence of a statistically significant effect of IZ on new housing development in the Bay Area.
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Supply Skepticism: Housing Supply and Affordability
Growing numbers of affordable housing advocates and community members are questioning the premise that increasing the supply of market-rate housing will result in housing that is more affordable. This article is meant to bridge the divide, addressing each of the key arguments supply skeptics make and reviewing what research has shown about housing supply and its effect on affordability. It ultimately concludes, from both theory and empirical evidence, that adding new homes moderates price increases and therefore makes housing more affordable to low- and moderate-income families. It also emphasizes that new market-rate housing is necessary but not sufficient, and that government intervention is critical to ensure that supply is added at prices affordable to a range of incomes.
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The Case Against Restrictive Land Use and Zoning
This policy brief broadly lays out the drawbacks of restrictive land use, then reviews the current state of New York’s zoning and explains the need for state intervention.
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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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The Housing Court’s Role in Maintaining Affordable Housing