In cities across the nation, zoning laws are being revised to allow duplexes, fourplexes and other small multifamily housing in areas previously restricted to single-family homes. The argument behind these measures is that fewer government controls and restrictions on development will spur the construction of more affordable housing. The argument is correct, but relaxing land-use regulations is a half measure, and half measures do not get optimal results.
Implicit in the growing chorus to revise zoning laws is an admission that such laws restrict development and the construction of housing. But relaxing land-use regulations isn’t the same as repealing them. Loosening controls gives housing producers greater freedom, but their actions are still controlled and restricted by zoning officials.
That so many are clamoring for zoning laws to be loosened is a positive development. That so few—virtually nobody—are calling for the repeal of zoning laws is disappointing, but not surprising.
Most of those supporting zoning revisions are doing so to address an immediate problem—the rising cost of housing and the lack of affordable housing for low-income families. Revising zoning laws is a solution to a pressing problem that can be enacted relatively quickly. This allows government officials to pat themselves on the back and proclaim themselves to be the heroes of the affordable housing crisis.
While we should certainly praise those who seek to give housing producers a little more freedom, the true heroes of the housing crisis will be those who call for the repeal of all zoning and land-use regulations. But to call for such a repeal requires more than embracing the latest fad in housing policy. It requires more than pointing out the impractical consequences of zoning.
Zoning is impractical because it is immoral. The very nature of zoning subverts individual judgment to that of public officials. Individuals must first obtain the government’s permission before they can act on their choices, desires, and values in regard to land use. Any land use not approved by zoning officials is illegal, and violators are subject to fines, jail, or both.
Revising zoning laws don’t make the remaining laws less immoral. Yes, there will be some practical benefits, but nothing like we would see if housing producers were truly free to produce housing. Revision leads to better results. Repeal leads to unimaginable results. If we want those practical benefits, then we must fight for what is moral—the repeal of all zoning.