Cities across Texas are struggling with a severe shortage of low- and moderate-income housing. One of the primary causes is exclusionary zoning, i.e., single-family zoning, which makes duplexes, accessory dwelling units, and similar types of housing illegal. Fundamentally, the state’s housing shortage is being caused by violations of property rights—restrictions on how property owners can use their land. That shortage can be remedied if legislators abolish exclusionary zoning.
Legislators have previously reined in local ordinances that violated property rights. In 2014, the legislature stepped in after Denton passed an anti-fracking ordinance. In 2016, legislators essentially voided Austin’s ordinance requiring strong background checks for ride sharing companies like Uber. In 2017, legislators passed a law restricting local tree ordinances. The legislature was correct to intervene for the purpose of protecting property rights. The legislature must now intervene and abolish exclusionary zoning in the state of Texas.
Like the advocates of banning fracking, regulating ride sharing companies, and protecting trees, the defenders of exclusionary zoning argue for local control over community affairs. However, when local ordinances violate rights, including property rights, state legislators have a responsibility to overturn those laws. Local control does not justify local tyranny.
Single-family zoning is one of the most egregious violations of property rights still permitted in Texas. The ordinances mentioned above were harmful, but that harm pales in comparison to the injury caused by single-family zoning. The victims of exclusionary zoning are not just the property owners who are prohibited from using their land as they desire. In preventing the most productive use of land, exclusionary zoning drives up the cost of housing for every Texan.
Texas has long enjoyed one of the nation’s most robust economies. In protecting property rights, the legislature deserves credit for creating and maintaining an environment that enables individuals and businesses to flourish. Texas has shown the nation, and the world, what low taxes and minimal regulations can do. It is time to show the nation, and the world, what abolishing exclusionary zoning can do.