Monday, November 28, 2011
DRIVE through any number of outer-ring suburbs in America, and you’ll see boarded-up and vacant strip malls, surrounded by vast seas of empty parking spaces. These forlorn monuments to the real estate crash are not going to come back to life, even when the economy recovers. And that’s because the demand for the housing that once supported commercial activity in many exurbs isn’t coming back, either.
The better news:
Simply put, there has been a profound structural shift — a reversal of what took place in the 1950s, when drivable suburbs boomed and flourished as center cities emptied and withered.
The shift is durable and lasting because of a major demographic event: the convergence of the two largest generations in American history, the baby boomers (born between 1946 and 1964) and the millennials (born between 1979 and 1996), which today represent half of the total population.
Many boomers are now empty nesters and approaching retirement. Generally this means that they will downsize their housing in the near future. Boomers want to live in a walkable urban downtown, a suburban town center or a small town, according to a recent survey by the National Association of Realtors.
The millennials are just now beginning to emerge from the nest — at least those who can afford to live on their own. This coming-of-age cohort also favors urban downtowns and suburban town centers — for lifestyle reasons and the convenience of not having to own cars.
Tuesday, October 11, 2011
Ashira Ostrow (Hofstra) has posted Land Law Federalism, 61 Emory L.J. ___ (forthcoming 2012). A must-read, this foundational work explores the theoretical framework for appropriate federal intervention in the state/local-dominated area of land use regulation. Here's the abstract:
In modern society, capital, information and resources pass seamlessly across increasingly porous jurisdictional boundaries; land does not. Perhaps because of its immobility, the dominant descriptive and normative account of land use law is premised upon local control. Yet, land exhibits a unique duality. Each parcel is at once absolutely fixed in location but inextricably linked to a complex array of interconnected systems, natural and man-made. Ecosystems spanning vast geographic areas sustain human life; interstate highways, railways and airports physically connect remote areas; networks of buildings, homes, offices and factories, create communities and provide the physical context in which most human interaction takes place.
Given the traditional commitment to localism, scholars and policymakers often reflexively dismiss the potential for an increased federal role in land use law. Yet, modern land use law already involves a significant federal dimension resulting, in part, from the enactment of federal statutes that have varying degrees of preemptive effect on local authority. Moreover, this Article maintains that federal intervention in land use law is warranted where the cumulative impact of local land use decisions interferes with national regulatory objectives (such as developing nationwide energy or telecommunications infrastructure).
Finally, this Article advances an interjurisdictional framework for federal land law that harnesses (a) the capacity of the federal government, with its distance from local politics and economic pressures, to coordinate land use on a national scale and (b) the capacity of local officials, who have detailed knowledge of the land and are politically accountable to the local community, to implement land use policies.
October 11, 2011 in Climate, Development, Environmental Law, Environmentalism, Federal Government, Globalism, Green Building, Inclusionary Zoning, Local Government, NIMBY, Planning, Scholarship, Smart Growth, Sprawl, Subdivision Regulations, Sustainability, Transportation, Wetlands, Zoning | Permalink | Comments (1) | TrackBack (0)
Thursday, September 15, 2011
It is conventional wisdom in some circles that “comprehensive planning” and sprawl are polar opposites- that planning is the enemy of sprawl.
But in fact, a comprehensive plan is almost as likely as a zoning code to be pro-sprawl. Many of the land use policies that make suburbs automobile-dependent: wide roads, long blocks, low density, single-use zoning, etc. can just as easily be found in a comprehensive plan.
For example, Alpharetta, Georgia is an outer suburb of Atlanta. Its plan’s future land use map , like the city's zoning code, lists a variety of single use zones. Most of these zones are quite low in density; the highest density, for apartments, is only 10 units per acre, barely enough to support minimal bus service. At these densities, not too many people live within walking distance of public transit, so there is not enough demand to support buses running more often than every half an hour or so, let alone rail service.
The plan also provides for numerous zones that are clearly incapable of supporting public transit, such as a “residential estate” area of 3-acre lots and a “very low density” area of half-acre lots. The plan provides that only 4% of the city’s land is to be used for apartments, as opposed to 54% for low-density residential.
Moreover, the land use map reveals that what passes for compact development in Alpharetta is not intermingled with the city’s offices; instead, high-density residential is a buffer zone between the city’s large stock of offices (near the Georgia 400 highway) and the city’s even larger stock of single-family homes. As a result, most of Alpharetta’s renters will not be able to walk to work even if they work in Alpharetta.
The transportation elements of suburban land use plans may also support car-oriented sprawl. For example, Jacksonville, Fla.'s comprehensive plan calls for 150-foot rights of way on major streets, thus effectively mandating streets with eight or ten lanes. Such streets are a bit too wide for most sane pedestrians.
In sum, comprehensive plans will typically reincorporate the status quo. So if a municipality's zoning code favors sprawling, low-density development, so will the comprehensive plan.
P.S. A more comprehensive discussion of these plans and their deficiencies is in a more extensive blog post at www.planetizen.com.
Wednesday, August 31, 2011
From the Smart Growth America website, news about an ironically timely meeting:
Can smart growth help communities avoid the catastrophic impacts of flooding? The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) brought together designers, land use planners, engineers and policy wonks at NOAA’s Silver Spring headquarters last week to examine this question, and to find commonalities and tensions between hazard mitigation techniques and smart growth principles.
Read the rest of the article here.
Thursday, July 14, 2011
I recently learned about the Healing Cities movement. From their website:
Healing Cities is an integrated approach to planning and design for the natural and built environment that values holistic health and wellness of people and ecosystems. It explores how to address planning processes and design of our living environments to keep us healthier and more whole.
The healing process in the human body is the ability to rebuild, repair and regenerate cells; regeneration in this case draws upon the body’s innate intelligence to heal itself. What would it then mean for a city to be “healed,” and what methods and processes would support cities to facilitate healing? Is it possible to have cities that then, in turn, can heal and take care of us?
They're also holding a conference in October in Vancouver, BC. While they're calling for "planners, developers, architects, transportation professionals, massage therapists, physicians, counsellors, energy healers, [and] spiritual leaders" to attend, presumably they wouldn't turn away land use profs!
Jamie Baker Roskie
Wednesday, July 13, 2011
According to the folks at Smart Growth America, the House Appropriations Committee has passed legislation that would eliminate the EPA's Office of Smart Growth. You can visit the Committee's website to learn more about the bill. SGA has a website that allows you to e-mail your congressional representative, if you're so inclined. Presumably this is part of the campaign to defund the administration's Sustainable Communities Initiative.
I've blogged several announcements from the OSG, which co-hosts the annual New Partners for Smart Growth conference, and gives smart growth implementation assistance and grants and awards to local and state governments each year.
Jamie Baker Roskie
Tuesday, June 28, 2011
I enjoyed this post by Charles Marohn from Strong Towns on grist.org. At our clinic (VLS) we discuss smart growth/smart decline principles and have focused on environmental and social impacts. I'd never heard the Ponzi scheme analogy and think it's a great way to bring cost into the discussion.
"Since the end of World War II, our cities and towns have experienced growth using three primary mechanisms:
- Transfer payments between governments: where the federal or state government makes a direct investment in growth at the local level, such as funding a water or sewer system expansion.
- Transportation spending: where transportation infrastructure is used to improve access to a site that can then be developed.
- Public and private-sector debt: where cities, developers, companies, and individuals take on debt as part of the development process, whether during construction or through the assumption of a mortgage.
In each of these mechanisms, the local unit of government benefits from the enhanced revenues associated with new growth. But it also typically assumes the long-term liability for maintaining the new infrastructure. This exchange -- a near-term cash advantage for a long-term financial obligation -- is one element of a Ponzi scheme.
The other is the realization that the revenue collected does not come near to covering the costs of maintaining the infrastructure. In America, we have a ticking time bomb of unfunded liability for infrastructure maintenance. The American Society of Civil Engineers (ASCE) estimates the cost at $5 trillion -- but that's just for just major infrastructure, not the minor streets, curbs, walks, and pipes that serve our homes.
The reason we have this gap is because the public yield from the suburban development pattern -- the amount of tax revenue obtained per increment of liability assumed -- is ridiculously low. Over a life cycle, a city frequently receives just a dime or two of revenue for each dollar of liability. The engineering profession will argue, as ASCE does, that we're simply not making the investments necessary to maintain this infrastructure. This is nonsense. We've simply built in a way that is not financially productive.
We've done this because, as with any Ponzi scheme, new growth provides the illusion of prosperity. In the near term, revenue grows, while the corresponding maintenance obligations -- which are not counted on the public balance sheet -- are a generation away."
Monday, June 27, 2011
I haven't been able to blog as much as usual lately, and one of the reasons is that we just moved. It was a local move, but I'm sure you all know what a hassle moving is. But today, the move actually helped my blogging. It seems that the previous tenant failed to cancel his multiple newspaper subscriptions. I rarely read news on dead tree anymore, so I might not otherwise have seen this morning's front page New York Times Story by Elisabeth Rosenthal called: Across Europe, Irking Drivers is Urban Policy.
ZURICH — While American cities are synchronizing green lights to improve traffic flow and offering apps to help drivers find parking, many European cities are doing the opposite: creating environments openly hostile to cars. The methods vary, but the mission is clear — to make car use expensive and just plain miserable enough to tilt drivers toward more environmentally friendly modes of transportation.
Some cities have closed entire streets; some introduced stiff fees for driving into the city; many have reduced on-street parking drastically; bike lanes have replaced car lanes without offset for traffic; others have purposely added red lights to mess with drivers; Zurich's tram operators seem to have the ability to change the lights to their favor as they approach. (I'm trying to imagine how much a magic traffic-light-changing remote control clicker would fetch on e-bay.)
According to the story, and probably not inconsistent with what some of you may have observed, many of these European cities have dramatically improved in walkability, transit options, and quality of public space. How much the policies are related causally to the result isn't clear, but we can assume they've had an impact.
I'm not entirely sure what I think of all this. I'm a strong proponent of improving urban life by incentivizing higher density, mixed-use development and increasing pedestrian-oriented neighborhood viability and transit-oriented development. Love it. Still, I am hesitant to pursue these goals through policies that actually make things worse for some people on purpose. What do these policies do to affordable housing? How about people from lower socioeconomic strata that need to make their living from driving goods and services around the city? How do public shared bikes help women who don't cycle (and families with kids)? By all means, make mass transit better, faster, more economical. But purposely creating red-light patterns just to deliberately piss people off just concerns me a bit. It also would seem to thwart a number of smart-growth-friendly options that nonetheless rely on roads, such as bus rapid transit.
Admittedly I'm looking at this from the urban planning side more than the environmental side, but it seems the environmental benefits of these policies will be much more difficult to observe than the effect on quality of life; it's easy to see the quality of life in the very nice and improved transit-accessible mixed-use public spaces, but these types of policies would seem to generate a lot of external costs--on purpose. Maybe that's a tradeoff people are willing to make. But to acheive the same progressive land use goals, I still have a preference for a positive approach (e.g., incentivizing (or even just allowing) smart growth and new urbanism) rather than purposely making some aspects of urban life worse by degrading capabilites to make some people's lives "miserable."
June 27, 2011 in Affordable Housing, Comparative Land Use, Density, Downtown, Environmentalism, New Urbanism, Parking, Pedestrian, Planning, Politics, Smart Growth, Sprawl, Transportation, Urbanism | Permalink | Comments (0) | TrackBack (0)
Tuesday, June 21, 2011
From Roberta White at EPA:
The deadline for submitting session proposal ideas for the 11th Annual
New Partners for Smart Growth Conference is quickly approaching --
please submit your session ideas before the June 30th deadline. The
conference will be held February 2-4, 2012 in San Diego, CA.
The Call for Session Proposals (CFSP) Submittal Instructions and online
Submittal Form are available on the conference web site. All proposals
must be submitted using the online form under the link below. This
process should be used to submit any proposals for breakouts, workshops,
lightening rounds, trainings, tours, or networking activities. The CFSP
process is open until June 30, 2011.
To access the form and instructions, visit this website.
Jamie Baker Roskie
Thursday, June 16, 2011
I teach an interdisciplinary Land Use and Planning Law course, which is composed of both law students and graduate students in urban planning. The course has a heavy skills development focus with students participating in interdisicplinary teams on a simulated board of zoning adjustment hearing on a CUP application for a biofuel plant in a low-income minority neighborhood (based on a real case study) and preparing substantial service-learning reports on complex land-use issues for government agencies and nonprofit organizations. The students learn a lot by working on real-world problems and having to work in teams. The projects also pull the students much more deeply into cutting-edge issues than merely reading and discussing cases in the classroom can do (although we do some of that, as well, to prepare them for their projects).
I just blogged on my law school blog about a very cool outcome of one of this past semester's service-learning projects, which I've pasted below:
Law & urban planning students in my Spring 2011 Land Use & Planning Law course prepared an Urban Tree Canopy Plan as a service learning project for the Partnership for a Green City, the Louisville Metro Parks Department, and Community of Trees, an association of government agencies, organizations, and individuals. This plan and its recommendations will be a base from which Community of Trees develops an "Action Plan for Louisville's Urban Forest." A meeting to consider my students' recommendations and to select recommendations for near-future action will be held Wednesday, June 22, 2011, at 10:00 a.m. at 415 W. Muhammad Ali Boulevard, Louisville, KY. The students' Urban Tree Canopy plan can be downloaded at:
This was one of 3 service learning projects prepared in the Spring 2011 offering of the innovative and interdisciplinary Land Use & Planning Law course at the University of Louisville.
Tuesday, April 5, 2011
I'm asking for your help. I've blocked out one day near the end of the semester to focus directly on "modern urban development forms"--i.e., mixed use; transit-oriented development; new urbanism/neotraditional development; form-based codes; etc. The casebook I use has about ten pages on this, and they're good, but I'd like to supplement it with at least one accessible, interesting article that would help introduce the concepts to students. We have been talking about these concepts peripherally throughout the semester, but I'd like to spend one class focusing exclusively on them. I've got lots of great books on these subjects, but I'm looking for an assignable article-length piece; it could be academic or general-interest.
So if you had to pick one article to give to someone as a starting point for learning about the trend toward mixed use and new urbanism, what would it be? I'd love to know what you think. Please leave a comment or email me your recommendations. I'd love to share the recommendations with the blog readers too. Thanks!
Wednesday, March 30, 2011
The latest census figures from Detroit (Chad's hometown blogged about here and here) have inspired the New York Times to solicit opinions from several urban planning experts about the way forward for post-industrial cities confronted with large-scale property abandonment. Jennifer Bradley (Brookings-MPP) and Terry Schwarz (Kent State's Cleveland Urban Design Collaborative) each offer shrinking city visions that challenge the idea that all planning must be for demographic expansion and economic growth. Their greening strategies, including attention to urban agriculture and ecosystems, contemplate a 'new normal' for cities that may, in some ways, be better than historical peak periods.
Richard Florida (Toronto-Business) and Sam Staley urge beleaguered areas to pursue a focused (and apparently unsubsidized) effort to retain and attract residents in a mobile society. Still others, such as Toni Griffin (Harvard-Planning), see Detroit and similar cities as merely the most egregiously wounded casualties of unsustainable sprawl-promoting policies that must be changed throughout the U.S. These brief articles and even the comment board are all worth checking out. (Hat Tip to Nicole Garnett (Notre Dame) and her student, Sean Ashburn)
I would also encourage those interested in working with the land use challenges faced by undercrowded, post-industrial cities to check out The Center for Community Progress (f/k/a National Vacant Properties Campaign). Over the years, I have had the chance to participate in conferences and technical assistance efforts that have brought urban development practitioners together with experts such as Jennifer Bradley, Terry Schwarz, Kermit Lind (Cleveland State), Joe Schilling (Va. Tech-Metropolitan Inst.) and CCP's co-founder, Frank Alexander (Emory).
March 30, 2011 in Community Design, Community Economic Development, Comprehensive Plans, Crime, Density, Detroit, Development, Economic Development, Planning, Redevelopment, Smart Growth, Sustainability | Permalink | Comments (0) | TrackBack (0)
Saturday, March 12, 2011
Dennis Keating (Cleveland State) and Wendy Kellogg (Cleveland State-Urban Affairs) have posted Cleveland's Ecovillage: Green and Affordable Housing Through a Network Alliance. The article offers a case study of EcoVillage, a transit-oriented affordable housing project in the Detroit Shoreway neigborhood of Cleveland. Here's the abstract:
This article presents a case study of the inter-organizational network that formed to produce four housing projects in Cleveland's EcoVillage designed to integrate social equity and ecological stewardship as the basis for neighborhood redevelopment. Our paper builds on concepts of community development and housing production through inter-organizational networks spanning nonprofit, public, and private organizations that developed and supported four green and affordable housing projects. We are interested in understanding how development of the housing projects changed and connected traditional neighborhood development and ecologically-oriented organizations and how their interaction changed the practice of housing production and environmental and sustainability advocacy locally and regionally. The results of the study reveal that the marriage of green and affordable housing in Cleveland, despite some challenges, was viewed as important and beneficial by the organizations involved, and resulted in a range of demonstration projects that not only changed the EcoVillage, but affected other neighborhood housing projects in Cleveland as well. The projects resulted in enhanced capacity for green housing production through creation of a new network of organizations spanning the housing and environmental sustainability fields of practice that continues to support sustainable housing and neighborhood development in Cleveland.
March 12, 2011 in Affordable Housing, Climate, Community Economic Development, Density, Development, Environmentalism, New Urbanism, Pedestrian, Planning, Redevelopment, Scholarship, Smart Growth, Sustainability, Urbanism | Permalink | Comments (0) | TrackBack (0)
Thursday, March 10, 2011
Patricia Salkin (Albany) and John Nolon (Pace) have posted Integrating Sustainable Development Planning and Climate Change Management: A Challenge to Planners and Land Use Attorneys, published in Planning and Environmental Law, Vol. 63, p. 3, March 2011. The abstract:
This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.
The book, Climate Change and Sustainable Development Law in a Nutshell, is really helpful for lawyers, planners, and students in getting an orientation to this very hot topic. The article provides some great examples and pushes us to think about the federal/state/local/sublocal legal divides that land users have to face.
March 10, 2011 in Books, Clean Energy, Climate, Development, Environmentalism, Federal Government, Green Building, Local Government, Planning, Property, Scholarship, Smart Growth, State Government, Sustainability, Transportation, Zoning | Permalink | Comments (0) | TrackBack (0)
Thursday, March 3, 2011
Speaking of the suburbs, I just got this report from Houston Tomorrow (via Planetizen) by the Sustainable Cities Collective about what sounds like a very interesting conference on "The Sustainable Suburb: Reimagining the Inner Ring" at North Carolina State. From the article:
[T]hough they once symbolized growing American modernity in the post-war period, many suburbs now suffer from the same sort of decay that has been attacking inner cities for decades.
If there’s a lesson from this, it is that the old lines drawn between city and suburb may no longer apply so neatly.
It was appropriate, then, that North Carolina State University’s 2011 Urban Design Conference, held earlier this month, focused on the “Sustainable Suburb.” Though held in a Downtown Raleigh convention hall, the meeting was enlightening in its exploration of the ways suburbs can evolve to adapt to their new realities.
Most interesting was Ellen Dunham-Jones, whose Retrofitting Suburbia (with June Williamson) has become a frequently cited handbook for people looking for ways to reconfigure their environments for a new century. The book shows how strip shopping centers can be morphed into churches and how office parks can be densified.
Sounds fascinating; check out the conference reports as well as Dunham-Jones' Retrofitting Suburbia.
Wednesday, March 2, 2011
Jerry Long (Idaho) explores the causes of and reasons for a community's commitment to sustainable land-use planning in his recently posted Private Lands, Conflict, and Institutional Evolution in the Post-Public-Lands West, 28 Pace Env. L. Rev. ___ (forthcoming 2011). Here's the abstract:
As rural communities face amenity-driven population growth and globalizing culture and economic systems, the process by which those communities imagine and implement desired futures grows increasingly complex. Globalization- and technology-facilitated and amenity-driven population growth increases the value of place-bound benefit streams – including land – promoting increased levels of physical development and a changed built environment. At the same time, globalizing culture and evolving local demographics might alter local land-use ideologies, yielding a preference for resource protection and more sustainable local land-use regimes. This article engages in a theoretical and empirical exploration that seeks to answer a single question: Why, in the face of competing land-use ideologies, might a community choose to adopt a more resource-protective, or resource-sustaining, land-use regime? Ultimately, it is only upon witnessing the actual effects of previous choices on the ground – including most significant, real harm to valued social or natural amenities – that a community is able to imagine and implement a land-use regime that can protect the amenities that community values.
March 2, 2011 in Community Design, Community Economic Development, Comprehensive Plans, Conservation Easements, Density, Development, Environmental Law, Environmentalism, Federal Government, Globalism, Land Trust, Las Vegas, Local Government, Planning, Scholarship, Smart Growth, Sprawl, Subdivision Regulations, Suburbs, Sun Belt, Sustainability, Urbanism, Water, Zoning | Permalink | Comments (0) | TrackBack (0)
Tuesday, March 1, 2011
For years cities, such as Montreal (the RESO), have been developing space underground. In what CNN reports as a "first," Helsinki has developed an Underground Master Plan. The plan designates a diverse group of uses for the underground area, ranging from industrial to recreation uses, such as an existing swimming pool (which, fortunately, doubles as a bunker when necessary). According to the report, Helsinki sits on bedrock strong enough to support the existing streetscape even when space is carved out for the lower levels. The CNN report claims a host of environmental benefits from the action, many of which are disputed in the comments.
As cities such as Helsinki start to think about the relationship between the street level and the subsurface (as inhabitable space), the next step may be to craft a three dimensional master plan. And who knows, this may be Seattle's chance to recommission its underground, although "[w]hen your dreams tire, they go underground and out of kindness that's where they stay." (Margaret Fuller).
March 1, 2011 in Architecture, California, Common Interest Communities, Community Design, Community Economic Development, Comparative Land Use, Comprehensive Plans, Density, Development, Downtown, Economic Development, History, Homeowners Associations, Housing, Local Government, New Urbanism, Planning, Politics, Property, Property Rights, Property Theory, Real Estate Transactions, Redevelopment, Smart Growth, Sprawl, State Government, Subdivision Regulations, Urbanism, Zoning | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 23, 2011
From Roberta White at EPA:
The U.S. Environmental Protection Agency (EPA) is pleased to announce
that the application period for the 10th annual National Award for Smart
Growth Achievement is now open . Through this award, EPA recognizes and
supports communities that have successfully used smart growth principles
to improve communities environmentally, socially, and economically. Open
to public- and private-sector entities, winners will be recognized at a
ceremony in Washington, DC, in December 2011.
To view the application and complete entry guidelines, please visit:
Overview of the Awards:
· Entry deadline is April 6, 2011.
· Applicants may be public- or private-sector entities, but all
applications must include a public-sector partner. Applications
for public-nonprofit activities are welcome but must be submitted
by the public-sector participant.
· Awards will be given for the following four categories:
Programs, Policies, and Regulations: This category
recognizes regulatory and policy initiatives that
support the principles of smart growth. EPA is
particularly interested in actions that remove
barriers to or provide incentives for smart growth.
Smart Growth and Green Building: This category
recognizes development that combines smart growth and
green building approaches as building design and
materials are integrated with land use and location
efficiency. Projects may be single or multiple
Civic Places: This category recognizes projects in
the public realm that improve a community's sense of
place while adding environmental and economic
benefits. EPA is particularly interested in projects
that create well-designed and vibrant public spaces.
Rural Smart Growth: This category recognizes
communities that preserve and encourage rural
economies and character. EPA is interested in thriving
rural areas that have used smart growth approaches to
encourage economic development and job creation,
improve transportation choices and housing options,
and support the economic viability of working lands.
· An “Overall Excellence" winner will be chosen from the four
categories by the review panels.
For additional information, please visit
or contact Ted Cochin (email@example.com), 202-566-2181.
Jamie Baker Roskie
Friday, February 18, 2011
Bill Callison (Faegre & Benson, LLP; also ABA Forum on Aff. Housing and Comm. Dev. Law) has posted Achieving Our Country: Geographic Desegregation and the Low-Income Housing Tax Credit, 19 S. Cal. Rev. L. & Soc. Just. 213 (2010). Here's the abstract:
This Article, which blends educational policy, housing policy, and tax policy, argues that one path down the precipice of racial inequality is to reverse a path that led us to where this problem began; namely, the racial segregation of the places where we live. This Article examines the country’s most important subsidy for creating affordable housing, the Federal Low-Income Housing Tax Credit (“LIHTC”), and considers whether the tax credit program has served as a tool for desegregating metropolitan neighborhoods. After concluding that the LIHTC program has not been an effective tool for reducing or eliminating continuing patterns of racial segregation and poverty concentration, this Article proposes numerous programmatic changes that could allow the tax credit program to promote greater geographic desegregation. Others have considered the impact of fair-housing laws on the LIHTC program. This Article contributes to that literature by going beyond fair housing to examine both the “cooperative federalism” concepts embedded in the program and the economic structure of tax credits, and by making practical suggestions on how the program can be improved to obtain racial integration. It takes a two-prong approach: First, this Article encourages more robust national guidance in order to encourage states to use credits to foster desegregation. Second, this Article considers changes to the economic structure of the program to provide incentives to developers and investors who undertake to provide affordable housing that results in desegregation.
February 18, 2011 in Affordable Housing, Development, Housing, HUD, Inclusionary Zoning, Land Trust, Landlord-Tenant, NIMBY, Planning, Race, Scholarship, Smart Growth | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 16, 2011
Nicole Garnett (Notre Dame) has added to her extensive body of work on land use, order, and quality of life in America's cities (read her book Ordering the City) by posting The People Paradox on SSRN. Here's the abstract:
American land-use regulators increasingly embrace mixed-land-use "urban" neighborhoods, rather than single-land-use "suburban" ones, as a planning ideal. This shift away from traditional regulatory practice reflects a growing endorsement of Jane Jacobs’s influential argument that mixed-land-use urban neighborhoods are safer and more socially cohesive than single-use suburban ones. Proponents of regulatory reforms encouraging greater mixing of residential and commercial land uses, however, completely disregard a sizable empirical literature suggesting that commercial land uses generate, rather than suppress, crime and disorder and that suburban communities have higher levels of social capital than urban communities. This Article constructs a case for mixed-land-use planning that tackles the uncomfortable reality that these studies present. That case is built upon an apparent paradox: In urban communities, people do not, apparently, make us safer. But they do make us feel safer. This "People Paradox" suggests that, despite an apparent tension between city busyness and safety, land-use regulations that enable mixed-land-use neighborhoods may advance several important urban development goals. It also suggests an often-overlooked connection between land-use and policing policies.
February 16, 2011 in Books, Community Design, Comprehensive Plans, Crime, Density, Form-Based Codes, Housing, New Urbanism, Planning, Scholarship, Smart Growth, Urbanism, Zoning | Permalink | Comments (2) | TrackBack (0)