Publications
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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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Urban Land-Use Regulation: Are Homeowners Overtaking the Growth Machine?
The leading theory about urban land-use regulation argues that city zoning officials are full partners in the business and real estate elite’s “growth machine.” Suburban land-use officials, in contrast, are thought to cater to the interests of the majority of their electorate— “homevoters.” A unique database regarding over 200,000 lots that the New York City Planning Commission considered for rezoning between 2002 and 2009 allows us to test various hypotheses suggested by these competing theories of land-use regulation. This analysis reveals that homevoters are more powerful in urban politics than scholars, policymakers, and judges have assumed.
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Transferable Development Rights Programs: ‘Post’ Zoning?
Transferable Development Rights (TDR) programs allow property owners to sell unused development capacity at their property and transfer it to another site, where it is typically used to increase the permitted size of a development. In recent years, New York City has enacted programs that use TDRs in increasingly sophisticated ways. These uses share three common attributes: an increased focus on directing the location and density at sites that receive development rights; the use of TDRs as an integral component of more comprehensive rezoning initiatives; and the creation of regulatory incentives that strengthen the market for TDRs. In this essay, we conclude that TDRs in New York can no longer be understood just as a creative mechanism to soften the effect of rigid zoning restrictions, but should also be recognized as a tool land use decision makers increasingly use in place of, or in tandem with, upzonings, bonuses, and other devices for increasing density.
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Challenges Facing Housing Markets in the Next Decade: Developing a Policy-Relevant Research Agenda
This paper proposes a research agenda that addresses the major challenges facing the U.S. housing market: the long-term effects of the housing market crisis on today’s households and on the next generation, increasing poverty coupled with persistently high income inequality and volatility, continued concentration of poor and minority households in low-quality housing and low-opportunity neighborhoods, and the growing need for sustainable and resilient buildings and communities. This analysis is a framing paper for the What Works Collaborative, a foundation-supported research partnership that conducts timely research and analysis to help inform the implementation of an evidence-based housing and urban policy agenda.
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Matching Words and Deeds? How Transit-Oriented are the Bloomberg-era Rezonings in New York City?
Anticipating that New York City will grow to more than nine million residents by 2030, the City has launched an ambitious planning agenda focused on development in neighborhoods well served by public transit. Between 2002 and 2009, New York City’s government enacted 100 significant changes to its zoning code, constituting the most significant change to the City’s land use regulations since the original version of the current zoning code was adopted in 1961. This chapter explores the cumulative impact of the individual zoning actions on residential capacity, and how the rezonings match the City’s stated development, environmental and transportation goals. The authors found that, consistent with desired development patterns, there has been a modest overall increase in residential capacity concentrated in neighborhoods near rail transit stations.
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How do New York City’s Recent Rezonings Align With its Goals for Park Accessibility?
In 2007, New York City adopted a long-term sustainability plan that announced a goal of ensuring that almost every New Yorker lives within a ten minute walk of a park of substantial size. At the same time, policymakers are rewriting the City’s land use map through an unprecedented series of neighborhood level rezonings that involve changing the use type and residential capacity of affected lots or groups of lots. Despite the confluence of these interventions, no research has analyzed how the rezonings interact with the City’s park infrastructure, and specifically, whether residential capacity changes in areas close to parks differ from those in areas further away. In this research, we employ a database of every tax lot in New York City to investigate how well the City-initiated rezonings correlate with the goal of providing New Yorkers with good access to the City’s parks. Our results indicate a mixed picture; while most ‘upzoned’ lots (lots where residential capacity was added) were near parks, we also find that the majority of ‘downzoned’ lots (lots where residential capacity was reduced) were also close to parks. The net impact of these rezonings was a modest increase in residential capacity for the City as a whole, but the increases were disproportionately focused in areas further from parks.
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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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Building Environmentally Sustainable Communities: A Framework for Inclusivity
The U.S. Department of Housing and Urban Development (HUD) has decided to include two key goals in all of its programs: encouraging sustainable communities and enhancing access to opportunity for lower-income people and people of color. This paper examines the relationship between these two goals through a literature review and an original empirical analysis of how these goals interact at the neighborhood and metropolitan area levels. We also offer policy recommendations for HUD.
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Community Benefits Agreements: A New Local Government Tool or Another Variation on the Exactions Theme?
Community benefits agreements (CBAs) are the latest in a long line of tools neighbors have used to protect their neighborhood from the burdens of development, and to try to secure benefits from the proposed development. This Article canvasses the benefits and drawbacks various stakeholders perceive CBAs to offer or to threaten, and reviews the legal and policy questions CBAs present. It recommends that local governments avoid the use of CBAs in land use approval processes unless the CBAs are negotiated through processes designed to ensure the transparency of the negotiations, the representativeness and accountability of the negotiators, and the legality and enforceability of the CBAs’ terms.
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How Have Recent Rezonings Affected the City’s Ability to Grow?
How Have Recent Rezonings Affected the City’s Ability to Grow? is the first comprehensive statistical analysis of the City’s rezoning strategy. The report examines the net impact of the 76 rezonings initiated by the City between 2003 and 2007. It finds that, of the 188,000 rezoned lots citywide, 86% were rezoned to reduce or limit new development through either a downzoning or a contextual-only rezoning. Nevertheless, the 14% of lots that were upzoned resulted in a net gain of 100 million square feet of new capacity citywide. The report explores the likelihood that this new capacity will be developed for residential use, and examines the characteristics of neighborhoods that gained new capacity and of those that lost capacity.
