Attorney and housing activist Randy Shaw provides an interesting example of an unprincipled approach to housing policy. In a piece titled “Upzoning and Rent Control: A Perfect Match,” Shaw proposes giving property owners a tad more freedom at the same time government is tying their hands.
Upzoning is the process of modifying a city’s zoning plan to permit denser housing development. Upzoning gives a property owner a little bit of freedom to use his land as he deems best. Upzoning is a step in the right direction. However, rather than upzoning, city officials should abolish zoning.
No matter how much a parcel of land is upzoned, a property owner may want to do something different than zoning officials will allow. He can still use his property only with the permission of zoning officials. Allowing property owners to build duplexes, triplexes, and small apartment buildings will give the owners more options. But those options will remain limited by zoning officials.
While proposing a few crumbs of freedom for property owners, argues that rent control and “good cause” evictions laws are also needed. Rent control puts a cap on the rents that landlords can charge. “Good cause” eviction laws essentially allow a renter to occupy a property for as long as he chooses, regardless of the owner’s desires.
Upzoning gives property owners more choices. Rent control and “good cause” eviction laws reduce the landlord’s choices. On one hand, Shaw advocates for a few crumbs of freedom for property owners. On the other hand, he advocates for fewer freedoms for landlords. This is inconsistent and unprincipled.
A principled approach would consistently advocate for freedom. This would mean, not upzoning, but zoning repeal. It would mean opposing rent control, “good cause” eviction laws, and the myriad other restrictions and controls imposed upon property owners and calling for their repeal.
We will never solve the affordable housing problem with an unprincipled approach. To solve the housing problem, we need more freedom, not more controls.