Restrictive Zoning and Misguided Narratives Constrict Housing Supply - Episode Hero Image

Restrictive Zoning and Misguided Narratives Constrict Housing Supply

Original Title:

TL;DR

  • Post-2008 lending policies shifted dramatically, restricting mortgages to borrowers with credit scores above 740, effectively cutting off the bottom two-thirds of the market and exacerbating housing supply shortages.
  • The narrative surrounding the 2008 crisis incorrectly blamed unqualified borrowers, obscuring the reality of an undersupplied market and leading to policies that further constrained new housing construction.
  • Zoning regulations, intended to separate nuisances, have evolved into a collective action problem where municipalities prioritize local budgets over broader housing needs, creating a hostile environment for lower-income residents.
  • Development standards have inflated housing costs through "lifestyle creep," introducing features like spacious landscaping and upscale materials that create a cost floor preventing the construction of truly affordable entry-level housing.
  • The "NIMBY" (Not In My Backyard) phenomenon, driven by self-interest and a fear of declining property values, obstructs new housing development, even from individuals who publicly advocate for increased supply.
  • Regulatory changes like California's SB 684, which allows for subdivision of single-family lots into up to ten units, offer a scalable opportunity to increase housing supply by reducing land basis for developers.
  • The shift from a century of ample housing supply to current constraints means demand now leads to rent inflation and out-migration rather than new home construction, fundamentally altering market dynamics.

Deep Dive

The housing market faces a critical supply shortage driven by decades of restrictive land use policies and a misguided narrative following the 2008 financial crisis, which has led to a "closed access" environment in many cities. This has created a regressive cost structure where the most vulnerable populations are disproportionately impacted by rising housing costs, while legislative efforts to address the crisis are often hobbled by their own internal contradictions and a fundamental misunderstanding of market dynamics. The path forward requires embracing more permissive zoning and incentivizing development, particularly through small-lot subdivision and multi-unit construction, to meet the overwhelming demand.

The core of the housing crisis lies in the systemic constriction of supply, a direct consequence of restrictive zoning laws. These laws, originating from a 1926 Supreme Court ruling, have enabled municipalities to segregate land use and effectively create "closed access" cities. This fragmentation leads to a collective action problem where individual municipalities rationally prioritize their own budgets and quality of life by discouraging lower-income residents, ultimately making all cities worse. The resulting scarcity inflates prices, particularly in the least desirable neighborhoods, forcing lower-income households to spend an unsustainable portion of their income on necessities like rent. This is compounded by a flawed narrative post-2008, which incorrectly attributed the crisis to overbuilding and unqualified borrowers, leading to tighter lending standards that now exclude a significant portion of the population from homeownership. The consequence is a market where rents rise to absorb demand, and the only entities with the legal capacity to expand supply are large institutional rental companies, further exacerbating the problem.

The response to this crisis is beginning to manifest through legislative changes like California's SB9 and SB684, which aim to enable more housing development by allowing for lot splits and multi-unit construction on previously single-family zoned lots. However, these laws often contain "poison pill" provisions and owner-occupancy requirements that hinder scalability. Startups like Build Casa are emerging to navigate these complexities, acting as facilitators between homeowners and small builders, and between builders and regulatory processes, to unlock these opportunities. The success of these initiatives hinges on the ability to overcome NIMBYism and political inertia. While some, like Marc Andreessen, espouse the need to build, their actions often contradict their rhetoric when faced with the prospect of development in their own neighborhoods. Ultimately, the solution requires a shift from localized control to more centralized processes that prioritize building, acknowledging that the current system, driven by self-interest and a flawed understanding of market forces, is failing to provide adequate housing.

Action Items

  • Analyze 5-10 recent housing development projects to identify common regulatory hurdles and their impact on project timelines and costs.
  • Audit zoning regulations in 3-5 key municipalities to identify specific provisions that unnecessarily increase development costs or restrict density.
  • Develop a standardized checklist for evaluating land parcels for small-lot subdivision potential, incorporating key data points like lot size, existing structure utility access, and local zoning allowances.
  • Create a pilot program to partner with 2-3 local builders to test a streamlined entitlement process for small-lot developments, measuring time and cost savings.
  • Track the correlation between specific regulatory changes (e.g., SB9, SB684) and the number of new housing permits issued in affected jurisdictions over a 12-month period.

Key Quotes

"The canonical example is the legalization of sports betting where there were just tons of opportunities as the market participants got up to speed on what was what right no one really knew how to price the huge menus of bets there were a bunch of different books opening all the time and you could make money just from bonuses a good amount of the value flowed from the newness of the thing then over time the easy money dried up that's the obvious example but change and volatility and disruption appear in pretty much every story"

The author argues that significant opportunities often arise from disruptions to the status quo, using the legalization of sports betting as a prime example. This illustrates how new markets and evolving regulations create temporary inefficiencies that can be exploited. The presenter highlights that understanding and adapting to such changes is crucial for identifying profitable ventures.


"I mean i've spent 20 years in the land development industry in california and i am not used to the new way of doing business for basically my entire career things would have gone more like this a developer proposes 70 units then the planning staff knocks it down to 60 then the developer meets with neighbors who raise hell and lobby for a reduction to 50 units then at planning commission another 10 units are lost and finally prior to city council the project ends up agreeing to pay for a half a million dollar traffic signal that the project doesn't need except as an inducement to the politicians who were looking for cover"

The speaker, with two decades of experience in California land development, contrasts past practices with current regulations. The presenter explains that historically, development projects involved a lengthy negotiation process with significant reductions in unit count and added costs for political cover. This quote highlights the shift towards more structured, objective approval processes under new legislation.


"The entire basically the entire increase in that uh borrowing was among the richest households households with the incomes in the top percentiles there wasn't an oversupply of housing but the home builders had really become pessimistic before -- well before most other people had -- cancellations increased a lot in 2006 so by the time 2008 happened home builders had had been cutting back on new building for two years nobody was speculatively building homes -- or during that period between the peak and the crisis"

Kevin Erdmann argues that the data from the 2000s housing market does not support the conventional wisdom about the crisis. Erdmann explains that the increase in risky borrowing was concentrated among high-income households, and there was no oversupply of housing. He points out that home builders had already significantly reduced construction before the 2008 crisis, indicating a proactive response to market signals rather than a reaction to an oversupply.


"The undeniable outcome of the various policy choices made after 2008 is that subprime households have gone through this experience first lose their house in the crash second get labeled as losers undeserving of ever owning a home and just generally blamed for the disaster third watch as wall street received bailouts and avoided prosecution for their part in the fiasco fourth get cut off from lending so that while real estate values across the country recovered those households did not participate fifth get increasingly squeezed by higher and higher rents"

The author outlines a series of negative consequences for subprime households following the 2008 financial crisis and subsequent policy decisions. The presenter details how these households experienced foreclosure, societal blame, and exclusion from the recovering real estate market, leading to increased rental burdens. This quote emphasizes the disproportionate impact of post-crisis policies on a specific segment of the population.


"The easiest way to see this is to drive through a subdivision that was built in 1980 and look at the general level of improvements then drive through a new subdivision it will be much nicer with things like spacious landscaped boulevard improvements you know a separated median that in the past might have been just a paved and striped middle turn lane there will be clay tile roofs instead of shingles the forgettable stucco boxes are replaced by for sighted architecture highlighting positive and negative space wood fences are gone in favor of block walls maybe the development will have paseos and trails possibly even a clubhouse if that sounds like things got better in a lot of ways sure of course but all of that stuff also costs something and if the costs are baked in by governments then it creates a floor which new construction cannot go below"

The speaker explains that modern development standards have significantly increased the cost of new construction. The presenter contrasts older subdivisions with newer ones, highlighting the more elaborate and expensive features now common, such as landscaped medians, upgraded roofing, and enhanced architectural design. This quote illustrates how government-mandated or encouraged development standards create a higher cost floor for new homes.


"The politics around building are on one hand really frustrating and on the other hand just endlessly fascinating for example i think that progressive left people really struggle with the idea that we should severely limit the influence of zoning which is kind of crazy when you think about the fact that zoning is sort of like if segregation had better pr but i think that folks on the left want to have some technocratic guardrails and they want some way to slow down the capitalists from that same point they just try to block out that zoning has historically not been done for the quote unquote right reasons"

Ben Bear expresses frustration with the political landscape surrounding building, particularly noting the left's struggle with limiting zoning's influence. Bear argues that zoning, despite its historical association with segregation, is often defended by progressives seeking technocratic control. The presenter suggests that this perspective overlooks the regressive realities and historical motivations behind zoning policies.

Resources

External Resources

Books

  • Abundance by Ezra Klein and Derek Thompson - Mentioned as arguing for building and for left-leaning government to facilitate outcomes like providing housing.

Articles & Papers

  • "It's Time to Build" (Essay) by Marc Andreessen - Discussed as sharing thematic similarities with the "Abundance" book and providing context for the YIMBY movement.

People

  • Kevin Erdmann - Housing economist, Senior Affiliated Scholar at the Mercatus Center at George Mason University, author of a Substack and books about the market.
  • Marc Andreessen - Venture capitalist, author of the essay "It's Time to Build."
  • Ben Bear - CEO of Build Casa, formerly VP of Revenue for Vungle and CEO of Spin electric bike and scooter company.
  • Cody - Home builder and advantage player.

Organizations & Institutions

  • Mercatus Center at George Mason University - Affiliated with guest Kevin Erdmann.
  • Build Casa - Venture-backed startup working in housing development.
  • Vungle - Mobile advertising startup where Ben Bear was formerly VP of Revenue.
  • Spin - Electric bike and scooter company where Ben Bear was formerly CEO.
  • Ford - Acquired Spin.
  • Chan Zuckerberg - Philanthropically funded projects in San Diego.

Websites & Online Resources

  • Kevin's Substack - Mentioned as a place where host John Reader moves more podcast episodes.
  • Twitter - Mentioned as a platform where Kevin Erdmann can be followed.
  • The Casita Coalition - Advocacy group working on housing legislation.
  • California YIMBY - Advocacy group working on housing legislation.
  • Zillow - Mentioned as a source for home price estimates.

Other Resources

  • SB 9 - California law that made it easier to subdivide residential single-family properties.
  • SB 684 - California law that is more expansive than SB 9, allowing for more subdivisions and centralizing the process.
  • ADU laws - Evolving laws in California related to accessory dwelling units.
  • Cottage Clusters - A type of housing development in Oregon.
  • Case-Shiller Index - A measure of home prices.
  • Housing Accountability Act - California law stating cities can only deny projects for objective reasons.
  • QM Patch - A provision related to mortgage lending regulations.
  • DSCR loans - Debt Service Coverage Ratio loans, mentioned in relation to renting out properties.
  • GIS dashboard - A mapping system used for evaluating property parcels.
  • PostGIS - A geospatial database.
  • VBA for ArcGIS - A programming language for scripting mapping applications.
  • AI coding assistant - A tool for writing code.
  • MLS data feeds - Real estate listing data.
  • YIMBY (Yes In My Backyard) - An anti-NIMBY movement.
  • NIMBY (Not In My Backyard) - Opposition to new development.
  • The Big Short - Mentioned as a point of comparison for housing market discussions.
  • Risk of Ruin - Podcast name.
  • TurboHome - Company mentioned alongside Build Casa.

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