BROOKINGS INSTITUTION POLICY 2020
To improve housing affordability, we need better alignment of zoning, taxes, and subsidies
Jenny Schuetz
JANUARY 7, 2020
Excerpts:
Housing affordability is a financial stress on American families
Housing costs are rising faster than incomes, putting greater financial stress on U.S. families. In 2017, nearly half of renter households spent more than 30 percent of their income on rent, meeting the Department of Housing and Urban Development’s (HUD) definition of being “cost-burdened.” While affordability has long been a problem for poor renters, even middle-income households are facing greater challenges, particularly in urban areas with strong job markets.
Why better alignment of three housing policies would help
Just as health care reform under the Affordable Care Act was designed as a “three-legged stool,” improving housing affordability will require better alignment of three policy tools: reforming land use regulation to allow smaller, more compact housing; increasing taxes on expensive, underused land; and expanding housing subsidies to low-income households. Each of these changes are described in more detail below.
First leg: zoning reform
The U.S. needs to build more housing, and less expensive housing, especially in high-opportunity communities. To accomplish that, local governments must reduce regulatory barriers that limit the market’s ability to build small, lower-cost homes on expensive land. For example, local zoning regulations prohibit building anything other than single-family detached houses on three-quarters of land in most U.S. cities. Townhouses, duplexes, and apartment buildings are simply illegal. Even where multifamily buildings are allowed, zoning rules like building height caps and minimum lot sizes often limit the financial feasibility of developing new housing. Single-family houses use more land per home than other housing types. Therefore, in places where land is expensive, building multiple homes on a given lot is the most direct way to reduce housing costs, because it spreads the cost of land across multiple homes.
Redeveloping older, low-density buildings with new, high-density buildings is quite common in expensive cities—except in the wealthiest neighborhoods where affluent homeowners use their financial and political resources to block most new housing. City-wide zoning reforms that open up those neighborhoods to townhomes, duplexes, and small apartment buildings would substantially increase the supply of housing, while also making those communities financially accessible to many more families.
Second leg: land value tax
Removing barriers to developing apartments would eventually lead to more housing in expensive neighborhoods over time. However, the transition would happen faster—and more equitably—if that effort were paired with higher taxes on land. The concept of taxing land dates back to the 19th century, when Henry George proposed it to prevent wealthy landowners from artificially limiting the supply of homes. Unlike typical property taxes, which charge the same rate on both land and structures, taxes that charge a higher tax rate on land and a lower rate on structures encourage owners of expensive land to build more intensively. Pure land value taxes that exempt structures altogether are quite rare in practice, compared to “split rate” taxes.
Assessing taxes on the increased land value not only incentivizes more development more quickly on expensive land, but also allows local communities to capture some of the returns on additional land value. This feature of land value taxes is especially attractive in locations where the local government has made investments that increase land values, for instance by building public transit
Land value taxes paired with upzoning would change incentives for owner-occupants of large single-family homes in expensive locations. Zoning reforms that allow higher density housing would increase land values and, under land value taxes, yield higher tax bills. Current owners who treasure their yard space could keep their single-family homes as-is and pay the taxes. But some homeowners might decide to subdivide their homes (for instance, turning garages into accessory dwelling units) or sell their properties to developers. From the upzoning example, a land value tax bill would be the same if the lot remained a single-family home or was redeveloped as townhouses or condos. But the tax bill would be split across three households under the townhouse scenario, or six households under the condo scenario, just as the land costs would be shared.
Land is most expensive in city centers, near job clusters and transportation nodes. Land value taxes primarily change financial incentives for owners of expensive land with low density structures. The increased density encouraged by shifting to a land value tax would enable more people to live near work, reducing commuting distances. If all communities within a state adopted land value taxes, single-family homes on inexpensive land far from city centers or in low-cost metros would be less affected.
Third leg: More housing subsidies
Building more housing, especially smaller housing, will over time bring down housing costs (or at least keep them from rising as quickly). But expanding the supply of market-rate housing is not enough to help the poorest families. For the 14 million low-wage workers with median income around $20,000, HUD guidelines suggest they should spend no more than $500 per month on housing costs. That’s less than the operating expenses for minimum quality apartments in most of the U.S. For low-income families, the only way to bridge the gap between incomes and housing costs is through public subsidies.
The federal government could reduce financial stress for low-income families by expanding housing subsidies, like vouchers or the National Housing Trust Fund. Unlike food stamps or Medicaid, federal housing subsidies are not an entitlement: currently around one in five eligible renter households receives federal assistance. Alternatively, supplementing incomes through the Earned Income Tax Credit or higher minimum wages would help poor families pay the rent.
In one sense, more subsidies for poor families is independent of zoning and tax reforms—housing affordability has been an urgent concern for many years. But upzoning and moving to land value taxes could worsen affordability pressures. In hot real estate markets, these two policies would likely prompt redevelopment of older, low-density, low-rent apartments into new, larger buildings that are out of reach for existing renters. Expanding housing vouchers to cover more families would therefore help protect low-income renters from displacement. It is also possible that expanding housing subsidies without enabling more supply through zoning reform would push up rents in some markets.
Implementation questions and challenges
The economic intuition behind zoning reform, land value taxes, and increased housing subsidies is straightforward, but implementing these policies poses some challenges. Single-family-exclusive zoning benefits long-term homeowners, also known as highly engaged voters. Mayors and city councils face stiff opposition from their constituents from proposing zoning reform. State and federal policymakers are increasingly interested in how to encourage zoning reform, but have limited direct control. This raises the question: are there financial or legal levers that could effectively encourage local governments to reform their zoning—especially when the most exclusionary localities are wealthy?
Like zoning, property taxes are largely the domain of local governments, although states create the legal framework under which localities operate. Some states might have to amend their constitutions to permit a “split” property tax, with different tax rates applied to land and structures. One technical challenge is that accurately assessing market values for land, separate from structures, is not easy. But a new dataset created using appraisal data from the Federal Housing Finance Administration is highly promising.
Expanding vouchers is legally and procedurally simple. It just requires Congress to demonstrate the political will to spend more money on poor people. Low-income families who receive federal housing vouchers rent apartments from private landlords. Families pay thirty percent of their income toward rent, with the remainder picked up by HUD. Vouchers reduce financial stress, crowding, and the risk of homelessness among low-income families. Recent research shows that with relatively inexpensive program changes, vouchers can also help poor families move to neighborhoods that offer better economic opportunity.
In conclusion, better housing policy has the potential to improve the efficiency of local housing markets, create more homes in high opportunity locations, and provide financial relief to low-income families. It represents a way to gain substantial payoffs for people and a way to tackle big challenges in America.
Comment:
Senior Fellow Schuetz of the Brookings Institution offers one of the most comprehensive solutions to the housing crisis: revising zoning codes to allow “missing middle” housing, introducing the land value tax (LVT), and expanding housing subsidies to low-income households. These multi-faceted remedies cover the whole range of public policies: regulatory, taxation, and finance.
- As to the first policy choice, Oregon has already joined the recent wave of cities that changed their zoning code to allow the replacement of homes in single family zones with duplex, triplex and four-unit developments.
- Concerning the reformed tax proposal, Schuetz asserts that moving to a land tax with widespread up-zoning could worsen affordability pressures in hot real estate markets. It’s true that LVT would likely prompt the gradual redevelopment of older, low-density, low-rent apartments into new, larger buildings. However, two considerations come into play here.
First, a heavy tax on land value helps dampen rapidly rising land prices, the principal determinate of high housing costs. Second, the larger structures that LVT encourages are not luxury single family homes which are prevented in Portland’s revised zoning code. The split-rate LVT benefits multifamily development because of the higher ratio of improvement value to land value (reflecting more building floor space per unit of lot area). Also, as Schuetz notes, smaller units on less land area make them more affordable, than single family homes.
- On the matter of housing subsidies, several federal programs are listed, such as Section 8 vouchers. Her case could have been strengthened if another important policy platform were addressed, one that does not involve perpetual public funding. This includes residential ownership models that remove dwelling units from the private real estate market, where affordability over the long run is sustained by intentionally holding down land values.
As properties developed under rental assistance and other government subsidy programs subject to affordability restrictions approach their expiration date, owners may elect to convert them to market rate housing. Currently the private market response is wholesale bundling of older or distressed properties by institutional investors. This trend is already evident in some Portland neighborhoods, leading to upward pressure on rents, mass no-fault evictions and displacement.
Perhaps looking to Europe we will find a non-private market method that is truly effective, like the Deutsche Wohnen in Berlin. This non-binding referendum, backed by strong public support, proposes the expropriation of properties from landlords holding 3,000 or more units. The government would pay below market rates for the properties, then drastically lower rental prices. Too radical for the U.S. free-market environment?
A less revolutionary method is also effective but is slower in its progress toward meeting current needs for affordable housing. The community land trust is such a model; it protects against the displacement of rental occupants by providing an opportunity for low-income households to purchase a dwelling unit while limiting the growth of land value beneath the building. The CLT model is implemented through the transfer of older unregulated lower rent multifamily properties to public or quasi-public owners. Qualified lower income purchasers may resell their units according to the ground lease provision limiting the price to a specified below-market value, thus providing affordable housing in perpetuity.
Tom Gihring, Research Director
Common Ground OR-WA