"The Color of Law" is a good starter read here.
"The Color of Law" is a good starter read here.
That really doesn't track with the laws actually written. Every single city I've lived in with restrictions on number of unrelated tenants, simultaneously has an exception that there are no limits on related parties, whether through blood or marriage.
They are very much limiting the number of unrelated people in a single dwelling and it's targeting slumlords, not the renters.
(property owner, many units, yimby, have to interface with the citizenry at zoning meetings, etc)
(as someone who has acquired lots, rezoned, and have contracted to have multifamily built in such areas)
If I owned a house would I object to the neighbor taking in a boarder or two? No, but I could see being unhappy about them moving out and turning the house into an SRO rental, especially if those tenants created a nuisance in the neighborhood. Same as a problematic Air BnB.
I think a good compromise might be allowing SRO/boarding if the owner also lives in the house. That is what my town is discussing for at least some residential neighborhoods.
SROs should also be more often allowed in already multifamily/high density residental areas.
If a community wants to remain SFH-only, that is their right, even if other people who can't afford to live there or would just like to see higher density would really like them to change their mind.
This is an opinion, not a right codified in statute, and state laws can be enacted to override local planning ability to prevent upzoning. People who live in their community are entitled to affordable housing (again, my opinion, maybe not yours). Property owners leave, property owners die; the path to success is to simply continue to grind against the nimby machine.
That said, if I can afford to buy property and want to build higher-density lower-cost rental housing on it, that should generally be my right as well.
No one is entitled to affordable housing in any specific location.
I’d be interested as to any country that recognizes this as an explicit right.
I guess that overrides centuries of precedent.
The only reasonable way for them to be entitled to prevent density is for them to own the property and not build anything.
>If a community wants to remain SFH-only, that is their right, even if other people who can't afford to live there or would just like to see higher density would really like them to change their mind.
Well then those people should buy the land and keep it low density. Can't afford it? Too bad. Pro-housing folks aren't trying to force people to do something with their property, it's the other way around.
From what I've seen the actual policies being pushed by "yimbys" seem much closer to yiyby.
We already have a number of rules of what you can and can't do with your private property that I think most people agree on. You can't build a slaughterhouse right in the middle of a residential area. You can't dump your garbage into the water flowing through your property. Etc.
Those are rules we all agree on because they have immediate and very visible primary effects.
The things we're talking about now are less visible secondary effects, but they're still very real.
The ability of our entire society to be able to securely and affordably house all its members is a much stronger imperative than the ability of people in any particular area to have nice views, or neighbors who all share the same socioeconomic class/skin color/native language as them.
Yimbys go even smaller. They don't care about things that are not in their backyard.
You want an apartment building on your land? Cool, none on my land thanks.
If you care about freedom, go with yimbys. The nimbys are the ones putting encumbrances on your property.
You could just be honest and say "I want to use government power to suit my needs, even if it costs other people. But no one else can do that". It's pretty selfish but at least we'll know where you stand.
You can't know that though. Unless you hold a referendum to renew the rules every year and they pass by a 100% majority.
The only honest way to do it is without invoking government power. Move to a gated community. Have a neighborhood association, funded solely by residents, whose bylaws require that it gets to have any property up for sale in the community as long as it matches any other accepted offer on it.
If you want your "dream community" spend your own money. Don't go into other people's pockets.
The key being that anyone can use them. Everyone benefits. With restrictive zoning only property owners who want their neighborhood to remain unchanged benefit but everyone pays the cost.
The community can express its desires by building whatever kind of housing they want on their property. What you're talking about is my property having to reflect the desires of the rest of the community.
Potential new residents should have no say, and actual new residents knew what they were before they purchased the property.
If you want property to be a neighbourhood thing then you should also be required to let the benefits of your own property accrue to your whole neighbourhood and not just yourself. So no tall fences for example. How come everyone else should have to do what you want, but you shouldn't have to do what everyone else wants?
Obviously, every single existing property owner wants it to stop right now. Because more housing means more supply, means less money for them. They naturally want to pull the ladder up.
But if you just let them, then there's 0 new homes being built in the US. And then the economy implodes.
We have to toe a line necessarily. If you just allow the tragedy of the commons to happen 100%, then everyone loses. Everyone, including those who benefit.
Its like feudalism. Feudalism seems like a fantastic idea if you're a feudal lord. But... Its actually not. No, you lose too.
Imagine how much richer those feudal lords could have been had they not impeded the progress of Europe for hundreds of years.
Upzoning actually increases land values, because it gives you the option to develop your land into a higher-productivity use (and hence higher potential rents).
NIMBYs in my observation tend to be anti-change; they bought with the neighbourhood a particular way and want it to stay that way. Upzoning brings in a change in the vibe and demographic that they don't want.
Of course.
> Well then those people should buy the land and keep it low density. Can't afford it? Too bad. Pro-housing folks aren't trying to force people to do something with their property, it's the other way around.
Pro-housing people in my area absolutely are trying to force people to do things with their property and in their neighborhood by barring covenants and other restrictions that can be put in place by municipalities and HOAs.
If that was the case i.e. nobody wanted to build anything new on their land why would the “convenant” be necessary. Or is the idea that former owners can impose these decisions they made on anyone they sell the property to?
I have evaluated the risk and am sufficiently certain that won’t happen. The lots around my house are far too expensive to turn into landfill.
Almost every household with a child is tax revenue negative, and I don't think you're suggesting we reform education funding to correct that.
Their framing also highlights the important financial difference between children and sewers, though: the former get less expensive and more productive over time, and the latter do the opposite, which is how the problems happen.
Fiscal soundness at the local level should not be a political issue, but IMO the progressive left has turned it into one by attacking anyone and everyone who isn't in rigid alignment with every element of their housing agenda, which includes some pretty radical (and largely undesirable) changes for most Americans. And then of course when people balk at these undesirable changes, they're called racist, selfish, or both.
I don't agree that you can really claim one part of town is subsidizing others based on the analysis from firms like urban3. Sure, if you stuck 10 businesses on a plot of land where only 1 exists now and those businesses all thrive, tax revenue would be higher for that plot of land. Is there demand for 10 more businesses in your city or town, times every drive thru fast food joint or Starbucks? Is it actually a problem that businesses are paying more in taxes than they consume in services, which lets residents pay less than they consume? Would those businesses be there if their owners couldn't live in the type of housing they wanted in the city? There are so many intertwined issues that seem impossible to decouple to me, in addition to the obvious issue that the school system is the primary consumer of tax revenue in almost every area and the taxes paid by parents don't come close to covering that expense.
It's also not a coincidence that they picked an economically depressed area with a fairly high crime rate for this analysis. If they looked at a city with residents who made the median household income for the US, or even above it, I suspect you'd see a very different picture (though the larger point is still worth considering and largely valid).
I do agree completely that the federal and state governments are just setting these places up for failure (and future rounds of external funding), but I don't see YIMBYs talking about that. They just seem to be angry that people are living more comfortably than they would like in lower density housing instead of embracing the urban lifestyle they are so passionate about, and want to force everyone to align to their vision not for fiscal stability, but for ideological reasons.
Of course they're entitled to stop efforts to change the world around them. If you moved into a neighborhood with a minimum lot size was X acres, it's a reasonable expectation that it remains as such. If someone comes along and not only wants to change that, but also build multi unit apartment complexes across the street from you, why should you not have a say? Clearly the person was not allowed to do that before changing the zoning rules so why can't I try to stop them from changing them at all?
There's nothing racist about wanting to live a quiet suburban or rural life where you can neither see nor hear the next house over.
Correct, people making what is for most the largest financial investment and commitment of their lives want to have control over what happens to it. When you have a 30 year mortgage on a piece of property that is many times your gross yearly income, you're kind of invested in the most literal sense of the word.
It would be one thing if the re-zoning included an offer to buy or move every house within X distance that has property values and "standard of living" directly affected by the re-zoning. But in almost all cases when the re-zoning occurs, the response is: sucks to be you.
I think part of the problem is people are framing this discussion as if the whole US is silicon valley with extremely limited land when it's not. There are plenty of places trying to force multi-family dwellings in existing neighborhoods instead of just finding vacant property on the edge of town. Why? Because the developer will make more money if it's in an already developed area, at the expense of all the existing homeowners.
I think a large part of the problem is that states and to a lesser degree the feds are trying to compensate for problems created by places like SV (not that every state doesn't have comparable places doing similar) so they write rules that incentivize X or Y and so you wind up with weird "a bunch of duplex townhouses on .2ac" developments in the middle of nowhere and other places they don't make sense because developers are naturally pairing the incentivized types of construction with the cheapest suitable land.
Because the vision of quarter acre blocks from sea to sea is gut-wrenching and we would prefer to limit the bounds of human building so that some forests and wild lands remain.
Why will the developer make more money if it's in an already developed area?
Because that area has better access to shops, schools, and workplaces.
Sure, you could build a giant apartment building out on the edge of town—the land would certainly be cheaper!
But, given how things are today, it's unlikely you'd ever fill it in a way that would recoup your investment. In order to make something like that work, what we'd really need is proper public transport that reliably stopped at (or near) such a development, with well-sited stops in town in order to allow residents to do all the things they need to do. To reach the things that are in the town.
Meanwhile: it's perfectly understandable that people don't want to see change in their neighborhood, or that they buy a property in the expectation that everything good about it will remain. But that's not a reasonable constraint for the law to operate under. You do not in fact have a strict right to control things that happen outside the borders of your own lot.
Some community restrictions are reasonable. We broadly agree that it's not OK for someone to open a tannery in the middle of a suburban residential block. Others are not; for instance, neighbors several blocks over will argue that they have a right not to endure extra traffic when our local hospital, the largest employer and best hospital in the region, plans a small addition.
The most important phenomenon here is hyperlocalism. The immediate neighbors of new proposed residential developments will reliably oppose it. They'll also make up the overwhelming majority of those who show up for public comment, because normal people don't turn out to support new apartment buildings built across town. But if you accept that resistance as a given right, you're essentially saying nothing will ever get built.
The muni I'm in has managed to go from 70,000 residents to 50,000 by consistently applying this strategy, so it's not even accurate to say it's about "change", so much as it is about strangling out as many residents as possible to achieve a targeted demography.
Property owners are absolutely entitled to their property but that also includes things like noise, sanitation, and crime. It's called an HOA or a master planned community and approximately 30% of the US population lives in one.
Few people like HOAs but still engage in them despite all the downsides because they specifically don't want to live in high density housing where people are packing 10 or 15 unrelated people to a house, inviting crime, noise, sanitary issues, and all the other negatives of high density housing.
Single-family zoned areas by definition only have single-family homes, and only some families will be able to afford those homes. The designers of such policies are often well-aware that the only families affluent enough to purchase or rent a home in such an area is of the preferred race (thanks to the strong racial correlation to socioeconomic class, as well as historic explicit racist policies like redlining, employment and education segregation, etc etc).
To be clear, I don't believe that single-family zoning is necessarily racist, especially with the continued democratization of the middle class. Single-family zoning is bad for a lot of reasons. Its just that it is absolutely the case that historically single family zoning was deliberately used in several cases as a racist policy, but in such a way that it would pass muster in court.
See also: HOAs, school districting, road construction, railroad construction, gentrification...
That's just America.
Those people back then were trying use government force to make it harder for people to live in ways they didn't like in the via regulation all the same as people do here and now in 2025. They used race/nationality as a proxy for that insofar as it was an accurate proxy (which is why in the US it largely fell out of favor starting in the 1950s after the culturally flattening effect of the depression + ww2).
Of course people who want to use government to micromanage other people's decisions in shortsighted ways in the present harp on the race bit, because to take a step back and assess the fundamentals of the sort of rulemaking being advocated for would be detrimental to their cause(s).
> Of course people who want to use government to micromanage other people's decisions in shortsighted ways in the present harp on the race bit,
You are saying this in reply to someone who is discussing past racism while also commenting on how they want to de-regulate things, so I'm very confused. Do you somehow think that removing restrictions on unrelated tenancies is going to "micromanage other people's decisions in shortsighted ways "?
Regardless of exactly which laws were passed to make living the "wrong" way hard for which demographics the fact of the matter is that race-baiting is purely a distraction and manipulative debate tactic here. The laws are bad on a fundamental level. To use "law is racist, therefore bad" is to engage in a logical slight of hand to avoid the question "if it's bad for municipalities to regulate in this manner why ought states be allowed to do it". Most local zoning codes, if not evaluated by a judicial system highly biased toward the government, would fail the Penn Central test in many places. Simply porting that level of micromanagement to the state level and then scaling it back from 11 to 7 doesn't make the fundamental premise of what's going on here (the government essentially taking land via regulation, to the detriment of owners and communities in the longer term) any less odious. Yeah, not cranking it to 11 does mostly solve it in the moment, but that's like replacing an bad king with a benevolent one. This just isn't an area the government ought to be regulating to the degree that it is. Yeah there's some extreme examples (toxic waste dumps and whatnot) but neither state nor local nor federal government has any business telling people where they can't put apartments or warehouses or other mild things like that.
These laws are bad because the government has no legitimate authority to micromanage the housing stock (and other things) on the fine grained level it does. The sum total of regulations effectively amount to a taking without compensation. They might also be racist in some cases, but that's on top of an already flawed premise.
>You are saying this in reply to someone who is discussing past racism while also commenting on how they want to de-regulate things
No, I'm saying this in reply to someone who's pretending to want to deregulate but simply wants to regulate in a different way. It's a more permissive way and an overall improvement but the premise is still flawed. Having state regulation that says municipalities can't zone away X, Y and Z simply moves the bickering over minutia from the town hall to the state legislature. It's like adding more and more rules to a geocentric solar system model. You'll get better and better but it's still not right at its core.
A good starting point for reading about this is "Harland Bartholomew". He's the architect of what turned out to be St. Louis's ring suburb design, but he also traveled the country building these de facto redlining codes all across the continent.
It's not a red herring.
And who was the "no mobile homes" addendum written for?
You're using "racist = bad" as an excuse to avoid evaluating the premise of the law, which itself is bad too. It doesn't matter that the law is racist. There are tons and tons of areas in the zoning code that are just as bad because they inherent from the same premise of micromanagement, not being racially motivated doesn't make them good. The whole race thing is a red herring.
Bartholomew was born 13 years after the Great Divorce between St. Louis City and County was approved by voters, establishing the city's modern borders, and ultimately dictating the "ring suburb design" that we see today.
https://nextstl.com/2021/04/harland-bartholomew-destroyer-of...
https://www.amazon.com/Irish-Became-White-Noel-Ignatiev/dp/0...
There were plenty of "NINA" ("No Irish Need Apply") signs throughout the North, the same way we had Jim Crow laws in the South. Other groups too: Poles and Jews were also not considered "white" during this time period, and then gradually assimilated as the nation's racial animus was focused elsewhere. JFK's election as the nation's first Irish-Catholic president was as significant in 1960 as Barack Obama's election as the first Black president in 2008.
Racism as it exists in America is socially constructed, but tribalism is universal. Interestingly different parts of the U.S. have different racial divides, eg. the black/white divide is not nearly so salient on the West Coast, but there is significantly more anti-Mexican racism and economic classism.
There are political cartoons drawn by fascists from the 1920s that attempt to stave off accusations of racism by pointing out that they include Italians (then show Mussolini as a racist caricature of a black man), as if Italians aren't widely considered white.
If you look at how the British and later Americans talked about the Irish "people" or "race", you'll note shocking similarities to how they talked about Africans, Native Americans, Asians of all stripes, etc etc. Explicit skin color rarely came up.
Racism, especially old timey racism, is all about "how do I define my group as 'good' and everybody else as so bad that I can treat them worse?"
Its also the case that even in the 1920s, while there was a lot of anti-Italian racism, people generally saw that Italian heritage was better than African heritage.
A black family or single person could not live in that location. We are talking about 4 unrelated people.
However, ascribing opposition to "fear of the unknown" as a motivator is likewise lazy. It works from the assumption that a) the nuclear family is arbitrary and thus have no presumption in their favor, and b) that there is no tolerance for substitutes for the nuclear family, in the strict sense. It's not like most people are clamoring to live in a polyamorist sex commune, so it's not a good explanation.
My point is, across multiple states, and various cities, I've never run across an instance without a family carve-out. I even went through the trouble of picking random large cities throughout the US and literally every one of them has a carve out. Unless you can provide some data otherwise, why is your comment relevant to this discussion? What value were you trying to add?
That's the stated reason. The real reason is of course to target the renters who cannot afford anything else.
Secondary suites are desirable for multi generational households. They are or were banned in many places.
The cities where you lived allowed any number of related people in a 1 bedroom apartment? A 2 person per bedroom limit seems common. Related or not. And prohibition of a child sharing the bedroom of an adult or a different sex child or a different gender child.
Many prohibitions are based on moral reasonings outside of race. You couldn't rent a hotel room in most places if you were not married regardless of race.
Though the latter story does get out the ol’ vote. I guess working class people with a mortgage are the Kulaks now.