Development
Forty days and forty nights without inclusionary zoning
In 2006, the DC Council and Zoning Commission passed rules to implement inclusionary zoning. This policy gives developers a density bonus in exchange for a requirement to provide a small amount of housing below market rate. Then-Councilmember Adrian Fenty was a big proponent of IZ, but since becoming Mayor, has dragged his feet on implementing the program. In the meantime, several development projects have gained approval without IZ, depriving our neighborhoods of needed housing for couples and families that don't make two law-firm incomes.
The DC Council has passed several resolutions insisting the Mayor implement the law. Most recently, they demanded final regulations be published for the required comment period by February 6th, 2009. It's 41 days later, and still no regulations.
How long will the Mayor's office keep ignoring the legally binding, repeatedly reemphasized will of the DC Council? What does it take to actually get the Mayor to follow the law? In our democratic system, legislators make laws, and the executive implements them. Inclusionary zoning is the law. Even when they think a law is wrong, the executive doesn't have the right to ignore it. That dangerous philosophy went out the door with George W. Bush.
Besides, this is a good law. We need housing programs in DC to ensure our neighborhoods don't all become like central Manhattan or Paris, where the only residents are either very wealthy or young enough to be able to live in tiny studio apartments. Healthy neighborhoods need a mix of housing types and income levels. We need small studios and three bedroom apartments or townhouses for families. And we need to enable the teachers, the nonprofit employees, the mechanics, baristas, retail clerks, hairdressers and police officers to live in our communities and near the workplaces where they provide our necessary services.
Plus, DC's inclusionary zoning doesn't even impose very strong requirements. For new housing, only 8-10% of the housing will have to be "affordable", and even those units can rent or sell for 50-80% of the Area Median Income, with most at 80%. 80% of AMI is still a lot We can't satisfy all the possible demand. There just aren't enough walkable neighborhoods in our area for that. But we can at least help ensure a healthy mix in our existing neighborhoods. If we don't, in the not too distant future, everyone not rich enough to live in the center city will drive two hours a day from West Virginia.
The Mayor should publish final regulations as soon as possible. Until they do, we've set up a counter on the right sidebar. Will it have to reach 60 before the administration complies with the law and publishes the regulations? 75? 100?
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Unfortunately, the only truly affordable housing going forward will be in the outer burbs because it's becoming less desirable to live there and land is so cheap. Also, they can use surface parking lots instead of extraordinarily costly (to build) garages and cheaper quality of construction typically. This type of thing will create affordable housing though- http://www.washingtonpost.com/wp-dyn/content/article/2009/03/18/AR2009031803521.html
300+ foot buildings reduce the average cost per unit with economies of scale. While this isn't possible in the District, other jurisdictions should employ this strategy around transit nodes. There's plenty of "virgin" land in PG that would be perfect for high-density TOD.
by SG on Mar 19, 2009 10:48 am • link • report
comparatively, i have it easy - i have a roommate, a bike, and am able to squeak by. but what about those making well below AMI with families - those folks working service jobs in the city? this is absolutely possible in the city, desirable in fact, for all the reasons david mentioned above.
by jaime on Mar 19, 2009 11:25 am • link • report
by jaime on Mar 19, 2009 11:43 am • link • report
As an ancillary, I will also point out that cities with rivers and parkland "taking up" much of the area near the urban center also tend to be more expensive. Not just because of the desirability of the water & parkland, but also because it diminishes the amount of developmentable land. Look at a map of DC zoomed out and you can see how much is taken up by the Potomac & Anacostia, Rock Creek park, the Arboretum, GW Park, and the various Fort parks dotted around the area. Not to mention the National Mall, federal enclaves, and existing low density single family neighborhoods that will never be replaced with a higher-density form.
by SG on Mar 19, 2009 11:50 am • link • report
It sounds like you DO live in the city ... just that you're living with a roommate. I.e., it's not that you're locked out of living where you want ... just that you have to make tradeoffs based on what the market prices are. IZ doesn't really create any affordable housing, it just reallocates the cost of the housing from some folks over to other folks. What SG said about IZ pushing prices up out of reach for more folks is absolutely correct. IZ just means that a lucky few get subsidized by a not lucky many so that some politicians can go around saying they've 'created' affordable housing. They haven't. They've just stolen from Peter to pay Paul.
REAL affordable housing is created when you make better use of all options available to you ... such as building out where there is cheaper land ... or building in otherwise not desireable areas where land is cheap. The upshot here is that not only are you really and truely creating affordable housing here, but you are creating a long term synergy in the process whereby that area becomes more desireable for all. Remember, the British Ambassodor used to get hardship pay for having to live in Washington (in the last century). Many folks living in nowadays desireable neighborhoods such as Dupont Circle and Capitol Hill had to put up with constant gunshots and other undesireable things as recently as 10 years ago. But they bought here because it was affordable ... and in so doing they helped make the area more desireable ... and less affordable.
by Lance on Mar 19, 2009 11:50 am • link • report
by Bianchi on Mar 19, 2009 11:56 am • link • report
by Sean Robertson on Mar 19, 2009 11:59 am • link • report
by SG on Mar 19, 2009 12:10 pm • link • report
also, mainly b/c i'm swamped today at work, i don't have the time to find hard data on how, other than due to developer greed, IZ raises the cost of housing for those who can pay market-rate. IZ doesn't ask developers to hand out free housing, just to commit a portion of their units at below market- rate.
by jaime on Mar 19, 2009 12:16 pm • link • report
Perhaps more focused on people below the poverty line, an architect named Oscar Newman found in studies for HUD that if he moved upstanding individuals or families out of areas of heavy concentration of poverty and into more stable neighborhoods of mixed income, the new neighbors did not report any increase in crime, and the moved families generally integrated into the social networks. The delinquency rate of their children was no higher than that of the neighborhood's children, and most families figured out how to be good renters and some moved on to owning after several years.
Similar benefits would probably arise from offering middle-class families, if the correlation does reflect a real relationship
by цarьchitect on Mar 19, 2009 12:17 pm • link • report
of course, you'd just be taking my word for that too, right? see, it's kind of weak without some data...
by IMGoph on Mar 19, 2009 12:19 pm • link • report
by цarьchitect on Mar 19, 2009 12:24 pm • link • report
by Ben Ross on Mar 19, 2009 12:25 pm • link • report
In the marginal case, it's possible that these requirements may prevent a developer from building a building that without the requirements, would be very slightly profitable.
One of the interesting aspects of some of these programs is where the developer is awarded bonus density in exchange for supplying affordable housing. I'm strongly in favor of that because it alleviates some of the market restricion that causes high housing prices, provides a benefit to the developer for their efforts, and promotes dense growth.
by Michael Perkins on Mar 19, 2009 12:29 pm • link • report
No, I haven't. I think you're confusing me with someone else.
Jamie, it raises the cost because all costs invariably get passed on to those who pay for something. A developer doesn't develop a building or subdivision as a work of charity. They develop it to make money. When you have additional costs, such IZ brings about, while those costs may decrease some of that profit, you can bet that most (if not all) of those additional costs will get passed on to those paying. Hence making the new development even less affordable for those unlucky many who don't get those few subsidized units.
by Lance on Mar 19, 2009 12:36 pm • link • report
SG, so glad to hear the current ugly pattern is not the one you'd like to see and that you'd rather see building infill or whatever it's called instead. Please accept my apology if you felt insulted. I also don't get the assumption that expensive underground parking must be included. Why?
by Bianchi on Mar 19, 2009 1:03 pm • link • report
Some companies and industries don't have the pricing power to just raise prices when they're hit with extra expenses. Imagine if we put a tax on only golden delicious apples, for which there are many reasonable substitutes, from oranges to red delicious apples. In this case, because a seller of golden delicious apples wouldn't be able to raise prices without driving his customers to other goods, he would not be able to recoup the cost of the tax and would likely get less profit. This might cause some golden delicious apple growers to go out of business if they are existing just at the edge of profitability.
On the flip side, imagine a (idealized) tax on all goods and services. In this case, there really aren't any other products buyers could be driven to, so the buyers would bear almost all the burden of the tax.
In this case, since the market for newly developed housing is effectively competing with the market for already built housing, I would say that the existence of close substitutes for the new units would mean that it's closer to the tax on very specific goods as opposed to the generalized tax, and therefore it's more likely to come out of profits (and thus reduce building supply at the margin) than increase rents.
I would love to see data on this but I don't know where to get it.
by Michael Perkins on Mar 19, 2009 1:21 pm • link • report
I think the problem here though is that oftentimes people think profit is a bottom-less pit. Despite what we're seeing in the news of late regarding a handful of bankers and traders making obscene profits, most people and entities don't make anymore "profit" than most of make "salaries". So yeah, the council can ask someone to absorb the extra costs ... but most developers won't be any more willing or able than we as salaried persons would be willing or able to lower our salaries to help out in similar fashion. Most developers (or businesses in general) don't have the bottom-less pit profits that people think they have. And as you aptly pointed out, the consequences don't play out in a vacuum ... there are a lot of unintended consequences when you start to distort market mechanisms. Bottom line is that it makes much more sense to take actions that will make better use of existing resources and help develop new ones. We know what happens when people start playing with the market ... just look at today's Wall Street fiasco and the results of getting away from the basics and trying to create assets by way of semantics vs. "the old fashioned way" ... hard and smart work.
by Lance on Mar 19, 2009 1:59 pm • link • report
still, i'd like to see data showing that the cost is passed along to those who don't qualify for IZ rates. and, michael, my "developer greed" statement was made in haste, but i know you can agree that frequently the "market-rate" is above what many of us can afford. often developers (not all, for the record) will charge as much as they think they can get away with, or what the"market" will allow, in order to boost profit margins. sure, it's absolutely their right to get as much profit from their work as they can, but i'm just not sure i believe that income "lost" on IZ units is passed along to the cost of the other units, particularly if the developer is granted more density as a part of the deal.
by jaime on Mar 19, 2009 1:59 pm • link • report
Jaime, it's passed along to the other units in the form of "more crowded conditions" ... i.e., more neighbors to share the elevator with, more neighbors to fight over parking with etc. etc. And, it's passed along to adjoining properties in the sense of other externalities such as blocking their air and light (from having an extra floor two).
by Lance on Mar 19, 2009 2:05 pm • link • report
by Lance on Mar 19, 2009 2:07 pm • link • report
by IMGoph on Mar 19, 2009 2:12 pm • link • report
Read Veblen. It's like a potlatch. One gains psychic benefit by showing that one's neighborhood is so rich and powerful that it can exclude new development. The more urban fabric one can destroy, the more cachet the neighborhood gains. Why else would anyone think an empty plaza in front of an office building is an "amenity?" The empty plaza serves the same function as the liveried butler served a century ago - to display wealth through "conspicuous consumption" that serves no useful purpose.
by tt on Mar 19, 2009 2:28 pm • link • report
(I assume posters here already agree that the other two ways of creating more affordable housing in in walkable areas should also be pursued, namely: more efficient use of the land near the metro stations we have and building out more quality transit [read rail] from the current network.)
by Steve on Mar 19, 2009 2:30 pm • link • report
By having density, a greater variety of goods and services can be supported in a compact area, and the demand for services like transit can be higher, which would justify running transit more frequently or with higher quality vehicles.
Steve: I'm with you on that. Keep building more transit, and more living and working buildings near transit.
by Michael Perkins on Mar 19, 2009 2:42 pm • link • report
Contrary to the hysteria about them, we have natural barriers to these showing up everywhere. DC is built in a river valley on swampland. A significant area simply can't take large buildings due to the underlying geology. But those areas which can should be able to, within the restrictions of existing development.
by John on Mar 19, 2009 2:49 pm • link • report
The situation would be exacerbated in the rental market, as people would have more of incentive to stay in a unit that does not get more expensive, nor would landlords have a reason to maintain a property. I know San Fran and NYC struggle with this problem, but the difference is that unlike DC, they exempt new construction. Here, we'd be exempting existing construction, which seems like it provides an incentive to build elsewhere (or to build less). I could be way off.
For as left wing as I am on most stuff, I've always believed there has got to be a better way to incentivize affordable construction than top-down regulation, however well intentioned it may be. I know that cooltown studios provides a lot of good info on crowdsourcing affordable homes in urban areas (they focus on DC a lot as well)
To drive down costs, the city should streamline the development process, remove (some) preservationist and other bureaucratic barricades, and encourage architects and developers to think about alternative family homes (i.e., small, functional spaces in underused buildings, both residential and commercial ones). I would take it a step further and encourage the city to provide incentives to groups of prospective owners and renters who work with developers to build attainable housing, as livegreen is apparently doing. There are other examples too, such as that group getting sub 200k condos built on H street (can't find the site). As an example, A group of prospectives are exempt from two years of property taxes, and the developer gets increased density rights, or whatever.
I am a firm believer in government using its ability tax to encourage appropriate behavior. IZ, rent control and the like seem to me to distort the market, and may stifle new development choices. This would help out a few at the expense of many. I don't see that as a good use of government power. Two cents...
by JTS on Mar 19, 2009 2:49 pm • link • report
by Michael Perkins on Mar 19, 2009 2:50 pm • link • report
Part of the correction can be achieved with raising the minimum wage thus taking some pressure off demand for homeless shelters -the very bottom of the housing market.
by Bianchi on Mar 19, 2009 2:52 pm • link • report
found it. Here's the link on the group pushing for affordable housing on H Street.
by JTS on Mar 19, 2009 2:56 pm • link • report
You make a good point. I own a small row house in the city. I can't imagine how I'd feel if Fenty allowed DC to devolve into a shit-hole like Paris. The very thought has me in a cold sweat.
Ok, enough snark. I think some housing should be set aside for essential personnel--the sort of subsidization you're talking about. Teachers, firemen, police, etc... It should be a perk that helps us attract the best and brightest to those professions.
Other than that, I say let the market decide.
by ibc on Mar 19, 2009 2:59 pm • link • report
I'd like a Van Gough to hang in my (tiny) living room. Save your ducats. Also, fine cheeses are far too expensive for me to afford. It is time for those prices to come down.
by ibc on Mar 19, 2009 3:07 pm • link • report
I think your golden delicious analogy is flawed, and that IZ must, in fact, raise housing prices.
Consider a special tax on golden delcious apples. There are two plausible scenarios that could result:
1) Many producers of golden delicious apples could shift to produce other varieties of apples not subject to the tax. Since the total number of apples produced remains the same and demand for apples is unchanged, there's no reason to expect apple prices to rise. And because other apples are good subsitutes for golden delcious apples, the remaining golden delicious producers wouldn't be able to push the tax onto consumers; we'd expect them to bear its entire cost.
2) Or, maybe golden delicious producers can't easily shift to produce other kinds of apples, perhaps because it takes several years to grow an apple tree that is mature enough to yield saleable fruit. Those golden delicious producers who can't sell apples at a profit with the new tax shut down, and aren't offset by extra production of other apples.
It remains true that golden delicious producers won't be able to charge a premium over other apples due to the tax. However, because the total number of apples produced has fallen, and the demand curve for apples is presumably unchanged, apple prices (including for non-golden delicious) must rise to reduce the quantity demanded to match the new quantity supplied. In this case, the tax is borne partly by golden delicious producers, and partly by consumers of *all* apples; meanwhile, producers of other apples actually get a profit boost because market prices rise and they don't pay any of the tax.
Housing is more analagous to the second case. This is because, when an IZ requirement is imposed on new housing stock, developers cannot shift to produce already-built housing stock. If IZ (an implicit tax) reduces the number of new units built, it must reduce the total number of units.
Since the demand curve is not affected by the IZ requirement, and supply is reduced, housing prices must rise compared to the non-IZ case, for both new and already-built units. This means the IZ "tax" will be borne partly by developers, and partly by renters or buyers of *all* kinds of housing. And, as in the apple case, owners of existing building stock receive an extra profit, as they benefit from the price-boosting effects of IZ without having to pay any of its costs.
by Josh Barro on Mar 19, 2009 3:18 pm • link • report
by Bianchi on Mar 19, 2009 3:44 pm • link • report
"Affordable housing" is meaningless unless we're talking about price caps or subsidies. Now if you want to talk about "more tiny housing" fine...
by ibc on Mar 19, 2009 3:50 pm • link • report
For other locations, the target prices are below or close to the price of market-rate housing--after all, as mentioned above 80% of area median income is high relative to the DC's median income and there are plenty of neighborhoods where residents who apparently can afford housing have much lower incomes, so the developer will not find that many people will want to buy the units that involve more restrictions and paperwork, but involve no discount from market rate units.
The IZ proposal was not well conceived and wouldn't have worked even in the recent housing bubble, but now, the warts are even more apparent.
Had the proposal instead encouraged the production and renovation of units that are less costly, that might have made sense, that would be "affordable" at market rates, or offered and encouraged acceptance of housing vouchers.
Or it might have offered subsidies to the groups mentioned above, but there is no need for that, since DC already has such programs, for example, home purchase assistance program (HPAP), grants and loans up to $11,500 for DC Government employees who are first time homebuyers, financial incentives for DC police officers, the homestead housing preservation program, mortgage assistance for purchases within a half-mile of a Metro station or a quarter-mile of a bus stop, and the first time homebuyer tax credit, as well as programs aimed at developers of rental housing.
by Andy on Mar 19, 2009 4:24 pm • link • report
how does your snarky response to my situation jive with:
along those lines - and perhaps part of a different discussion, teachers, police, and firefighters are often used as the poster-children for "affordable housing." yes, we need them and it's great if they live in the city they serve, but are we then devaluing the service industry folks (transportation, health care, grocery clerks, waste mgmt., etc. etc.) whom we also rely on on a day-to-day basis by not including them in those equations?by jaime on Mar 19, 2009 4:34 pm • link • report
Good point Jaime! Additionally, if we have a problem attracting teachers, police, firefighters, etc. to work in highcost areas like the District, it simply means we aren't paying them enough. (Just like the non-government employees you mention.) Rather than subsidize their housing costs, wouldn't it be fairer just to pay these public employees more and let THEM decide where they prefer to live? Maybe they have a reason to live in less expensive SE than in more expensive NW. Maybe they don't need to have their housing subsidized because they are living with a parent or friend ... or whatever. Why should WE be telling them they have to take a part of their compensation in the form of subsidized housing? Why? ... Because then the politicians who voted in such programs can then go around screaming that they've "helped" these folks. They haven't really. But, to those voters who haven't though it through, it sounds like they really have.
by Lance on Mar 19, 2009 4:49 pm • link • report
You can make the argument that "Everyone contributes equally, from the 'Teacher of the Year' to the anti-social guy making sandwiches at Subway" but I don't think you'll have many takers.
by ibc on Mar 19, 2009 5:01 pm • link • report
by Bianchi on Mar 19, 2009 5:03 pm • link • report
by Josh Barro on Mar 19, 2009 5:04 pm • link • report
That doesn't sound quite right, because it has nothing to do with morality. It has everything to do with self-interestedly assigning scarce resources to those who make the greatest contribution to the common good.
by ibc on Mar 19, 2009 5:18 pm • link • report
by Josh Barro on Mar 19, 2009 5:21 pm • link • report
i think IZ would/is easier to work out than getting minimum wages raised high enough to afford current market rates for housing. just fighting the battle to get the minimum wage raised nationally from just over 5 to just over 7 dollars/hour was hard enough. i think we'd all agree that it would be a fool's challenge to get the minimum wage raised a couple hundred percent.
attempting to raise wages across the board would be so difficult. the nature of the "market" that so many seem to revere is that its job is to drive down wages. pay people as little as possible to do as much work as possible for the highest profit possible.
just like people here are arguing that no developer is going to sell property for less than the absolute most they can make out of the goodness of their heart, it's also true that no business is going to pay people more than the least necessary out of the goodness of their heart either.
(sorry if this rambles, but i wrote this in parts over some 45 minutes)
by IMGoph on Mar 19, 2009 5:26 pm • link • report
The difference is that the business (or government in this case) won't be doing it out of the goodness of their heart. They'll be doing it out of a business interest. If you want to be able to attract "good and qualified" employees, you'll pay them a living wage ... or you find other means of paying that living wage ... such as pushing to costs off on other taxpayers and/or developers. Bottom line is that that District has it within its authority to simply raise the pay of these folks ... and let them decide where/how they want to live. Otherwise, it's all shadows and mirrors ... people are definitely getting "taxed" to pay these public servants this 'extra compensation' ... 'cept there's little transparancy as to how the money get 'taxed' nor how it gets allocated it. The whole process we have in place for taxing and paying for government services gets bypassed ... and with it all its transparency, safeguards, and measures aimed at ensuring equal and fair treatment. And the poor public servant doesn't even get to choose how he/she gets to spend their money. Some politician or bureaucrat does ... and, unbelievably, gets credit for 'helping' them ... with someone else's money ... !
Like I said earlier, the District just needs to pay what the market determines must be paid to attract good and qualified labor. Then everything works. No, that public servant may still not be able to live where they want, but very few of us can. I'd love to live in one of those beautiful $XX million mansions for sale in Georgetown at the moment ... but I can't. And I don't need some bureaucrat or politician taking money out of another taxpayer's pocket so that I can.
by Lance on Mar 19, 2009 5:49 pm • link • report
There is huge demand, therefore there is potential for profit. Coupling profit with a sense of social responsibility is something even Walmart has embraced.
by Bianchi on Mar 19, 2009 5:52 pm • link • report
Or for anyone else for that matter, many would argue...
If we want environmentally sustainable, healthy and equitable communities we guide the market so those goals are achieved.
I'm with you on 1 & 2. Your argument needs a little bolstering when you get to the moral imperative to provide lucky winners with cheap housing. Not obvious why that should be the case.
by ibc on Mar 19, 2009 6:01 pm • link • report
Every grand idea about perfecting the style of development in DC make it more expensive to build here, whether it's the height limit; an IZ requirement; a parking minimum OR maximum; one of those absurd micro-level restrictions on the variety of retail tenants within certain districts (OH NOEZ! TOO MANY RESTAURANTS!); a Kafkaesque design review process that takes 18 months to turn out an acceptable Apple store; or what have you. Each of these regulations tips the cost balance in the direction of adding development in Loudoun County instead of in the district.
If we were in Loudoun County, you could promote more regulation at the same time as promoting smart growth. But when you're talking about the core jurisdiction of an urban area, adding regulation (and therefore cost) tends to push development out to the less-regulated, less-dense jurisdictions. The result is not consistent with smart growth: it means less development here, and more development elsewhere.
/rant
by Josh Barro on Mar 19, 2009 6:03 pm • link • report
So, Lance, you still haven't told us where you stand on the "force property owners to eat 20% of the market price, and bestow that money on random luck-lottery winners".
I'm guessing you're "For", right?
by ibc on Mar 19, 2009 6:06 pm • link • report
by Paul on Mar 20, 2009 10:22 am • link • report
by Bianchi on Mar 20, 2009 10:38 am • link • report
by Sir Spicious on Mar 31, 2009 2:49 pm • link • report
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