Single-Family Houses and the Affordability Crisis

A zoning map from East Rockaway, New York, shows the abiding prevalence of single-family housing zones (Residence A) in a highly competitive land market.

This Times article, I think, really takes aim at the largest zoning-related cause of the housing crisis. Single-family neighborhoods will have to give way to multifamily development, one way or another, if we are ever going to build enough housing units to absorb demand in the places where economic opportunity exists. The California law facilitating “granny flats” is one step in the right direction. New Jersey’s Mount Laurel doctrine is based on a prescient, 1970s recognition of the exclusionary role of zoning. (Unfortunately, it has not done nearly enough to counter the zoning-driven shortage of affordable housing, especially in Northern New Jersey.

What other measures will come, based on the principle (which we have often recited) that restrictive zoning is creating artificial housing shortages? Innovation in this realm cannot happen soon enough. At some point, the dam is going to break. There will either be more housing; or there will be a dampening of the regional economies in places that cannot provide a housing equilibrium. What worries me, next, is that the artificial shortage of housing may have become such a chronic, long-term situation in our most affluent regions that we may have reached a point where the economy is dependent upon an artificial shortage being preserved.

Zoned for single-family.

That is to say, so many mortgages have been written on the assumption that astronomically high prices are stable; so much private wealth is now sunk into ultra-high-cost real estate. If the regulatory barriers came down, and builders were able to begin to catch up with market demand in places like New York City and California, then how much wealth would gradually begin to evaporate as prices trended toward a healthier equilibrium? The saving grace is that — absent a watershed court decision — the gears of this change will probably be quite slow to turn.

 

California’s Radical Experiment: Granny Flats

Most would not be as fancy as Alexandre Dumas’.

Driving home from the train station on a recent night, I heard this piece on NPR’s Marketplace: a story about a recent California statute that makes it significantly easier for homeowners in that state to develop additional units on their property. Here’s a link to a memo from the Department of Housing and Community Development, describing the changes. Among other things, the new statute overrides certain off-street parking requirements, which can preclude new units that would otherwise be permitted under zoning rules. These requirements are particularly onerous in large cities where public transportation is a viable option — and this law takes aim, specifically, at requirements within walking distance of transit. Of course, this development is just a small step toward achieving a land marketplace that is actually allowed to be responsive to market demands, rather than legal ones; but I think it is a very important one.

As early as the mid-1970s, the primary cases in New Jersey’s Mount Laurel doctrine began to lay out all of the major land use regulatory devices that have stifled the development of resourceful housing options since the early 20th century. Getting rid of unnecessary off-street parking requirements, and taking a publicly favorable stand toward in increase in the number of units in heavily-regulated suburban neighborhoods, are both major steps toward dismantling the regulatory morass that has been strangling housing development as the amount of raw, zoned land has dwindled throughout our major metropolitan areas. This is an important step in the right direction. Would be interested in hearing from people who would like to see a similar bill in New Jersey.

One of the most important takeaways from the NPR story was its hard evidence of pent-up demand for smaller, less-expensive housing units in pricey California. Local builders and contractors who specialize in the construction of small homes cannot keep up with demand. Their schedules are full for months into the future.

On the Outskirts of Town

Casey Bill Weldon, 1936.

We gonna leave here, mama. I don’t want you staying here.
I don’t need no iceman, I’m gonna get me a Frigidaire
That’s what I’m gonna do when we get on the outskirts of town.

The promise of the modern American suburb was a measure of independence. Given how annoying the constant interaction of urban life can be, the suburbs seemed to offer a wholesome alternative. And when the suburbs were being built as physical towns, they offered urbanism on a more human scale than big, industrial cities. But what happened when the suburbs, because of evolving land use policies, essentially became the permanent outskirts of town? When the development of urban nodes — with their opportunities for social and commercial interactions — was banned within walking distance of people’s new homes?

In some cases, suburban developments offered a space to create artificial fiefdoms; a separation of households from entire categories of interactions. Many blue-collar American men faced the first green shoots of female economic and political parity in the period preceding the suburban boom. (American women in the 1940s had proven their economic power by essentially running the domestic industrial system while the men who were their peers were in Europe and the Pacific, fighting World War II.) A certain type of American man would likely have recognized that his tenuous status was in flux. Having the iceman hanging around was not a pleasant thought!

It is well documented that mid-20th century suburban development patterns helped prolong the racial disparities that characterized American life. My question is, to what extent did the post-war land-use policies also slow the progress of feminism? And to what extent did the men who participated in these developments recognize and value that aspect of the physical forms of these communities? Having listened to American women who lived through the mid-20th century, it is hard not to recognize how stifling of an arrangement that iteration of suburbia could be.

New York City: A Century of Zoning

The Equitable Building from Nassau Street. Photo: Theo Mackey Pollack.

The last straw. The 1913 Equitable Building led to passage of the 1916 law.

Today is the 100th anniversary of New York City’s original zoning ordinance. In commemoration of a century of land use regulation (it was also America’s first zoning law), the local chapter of the AIA has published Zoning at 100, which includes a number of essays by top architects, planning officials, and scholars, looking back, and looking forward. (Thanks to H. for the link!) Authors include Robert A.M. Stern, Bill Rudin, Carl Weisbrod, and Gina Pollara. Looking forward to finding some time to read these.

Here are a few more pictures I’ve taken of the massive 1913 Equitable Building, located at 120 Broadway, which put the issue of development massing at the forefront of city politics, and led to the law.

Paul Krugman Hits the Nail on the Head

NYC Zoning mapIn a Times piece called “Inequality and the City” about the competitive real estate markets in America’s affluent cities, Paul Krugman identifies the role that restrictive land use regulations continue to play in the chronic shortage of affordable housing:

But what about all the people, surely a large majority, who are being priced out of America’s urban revival? Does it have to be that way?

The answer, surely, is no, at least not to the extent we’re seeing now. Rising demand for urban living by the elite could be met largely by increasing supply. There’s still room to build, even in New York, especially upward. Yet while there is something of a building boom in the city, it’s far smaller than the soaring prices warrant, mainly because land use restrictions are in the way.

Exactly. Thank you. In the last five years, we seem to have gone from a time when no one was even cognizant of the role that zoning laws played in the chronic shortage of urban affordable housing, to the beginnings of a left-right consensus about the inequitable and anti-competitive impacts of those laws — and the ways in which they are distorting the market. This is really a cause for celebration, and I think we should take a moment to recognize how far the conversation has come.

But we almost certainly have not come to the end of the line. This issue has been so far beneath the radar that even those who have benefited from distortions of the real estate market by restrictive zoning laws have made little political effort to defend the status quo. They have just assumed that it would go on forever. Now, as those with vested interests in the artificial limits to development — primarily, urban land owners — begin to realize that their gravy train could be in peril, the attacks on reform proposals will begin in earnest. Here’s a great example of what’s likely to be on the way, peddling the usual pseudo-leftist bullshit that appeals to the urban bourgeoisie:

We, the undersigned residents of New York City, call for an end to the violence that real estate developers have inflicted on our skyline, parks, public areas, and cityscape with the proliferation of dramatically over-scaled buildings that ignore the historic context of our city.

Translation: we paid a lot for the exclusive right to live in our neighborhood. We have just realized how precarious our investment could become if the regulations were changed, and people actually had housing choices in the same (or comparable) locations.

Keep an eye out for more of this nonsense in the near future. Of course there’s a role for design and aesthetics in development policy, and massing considerations may sometimes be a part of that role. But for now, I’m sticking with those who recognize the need to permit much more residential construction in places like New York City. Let’s keep the conversation going.

The State of the City: De Blasio Focuses on Housing


Mayor Bill De Blasio used his 2015 State of the City address, delivered at Baruch College, to focus on the high stakes of New York City’s affordable housing crisis, and how his administration intends to address housing as a policy matter. I found it particularly hopeful that De Blasio identified the important roles of land use regulations and additional, market-rate units in solving the chronic shortage of affordable units in the city.

The Future is Lighted with LEDs

LED lighting at fountains in Trafalgar Square, London. Photo: David Iliff, License: CC-BY-SA 3.0.

LED lighting in Trafalgar Square, London. Image: David Iliff (CC-BY-SA 3.0).

Fast Company has an article about the future of LED lighting, and its potential to alter the settings in which it’s used. The piece seems like a bit of a plug for Philips, and its Hue platform, but the substance is really on the cutting edge. One could easily imagine complex and creative lighting schemes becoming a major component of of the design and aesthetics end of urban planning. International Dark Sky Association already has a model lighting ordinance; the potential for outdoor mood lighting, productivity lighting, and safety lighting just adds to the scope of the artificial lighting questions that will inevitably be considered and mediated by land use laws. And it will dovetail quite nicely with other aesthetic components — what I would call mood-zoning (color palettes, scent design) — that can permit very creative distinctions between planned places. This piece is sure to get anyone’s imagination going.

Zoned Out: Update

11th-and-V-zoning-map

Are these killing the next generation’s chance to obtain an economic foothold?

Here are two new articles dealing with the relationship between excessive land use regulation and the lack of affordable housing in desirable metropolitan regions: the first, from Reihan Salam, is something of a polemic (in places), but his analysis strikes me as mostly substantively accurate, and he has embedded links to a bunch of other authors (across the philosophical spectrum) who are making similar points. The other is from Next City, and it deals, again, specifically with the housing costs in the San Francisco Bay area, and ties these costs to the low numbers of housing permits that are issued across the region, in spite of stratospheric demand. The attention coming out of the SF region about housing costs seems greater to me than that which is originating in the New York City region, the other very expensive American metropolis. I suspect that this disparity is due to the resigned cynicism of most New Yorkers about the cost of everything.

On Land Use Regulation and Housing Costs

Source: USGS.

Source: USGS.

Tech Crunch has a very thorough article by Kim-Mai Cutler, focusing on the culprits behind stratospheric housing costs in the San Francisco Bay area and elsewhere: outdated and excessive land use regulations. The sad part of this entire phenomenon, which LT has covered extensively, is that many of the regulations that have become problematic were enacted for well-intentioned reasons, but have evolved and aggregated into political roadblocks that are displacing middle-class residents, foreclosing on people’s opportunities, and entrenching the advantages of those who got there first — wherever there is — versus those who might have something new to offer. Cutler’s piece is good reading, and has nice visuals. So let’s keep belaboring this point until it becomes conventional wisdom: Bad zoning, and its myopic politics, are strangling us. We need to dismantle the antiquated frameworks, and replace them with flexible new approaches that are both more equitable and much more pro-development.

A New Look at American Migration Patterns

Restless America, by Chris Walker at Vizynary.

A snapshot of Restless America, by Chris Walker at Vizynary.

Chris Walker at Vizynary has a very interesting project, Restless America, that shows the migration pattens between American states. It looks like Florida and Texas are still the main destinations for domestic migration. It’s interesting that both states have a lot of buildable land around their economic centers; and the largest city in Texas — Houston — even lacks formal zoning laws. I’m fairly sure that the lower cost of living in those states has been a major factor in people’s relocation decisions. And, of course, better climates.

I’d like to see a version that also includes net immigration, by state. Immigration accounts for the lion’s share of population growth in the states that are losing US-born residents, but still growing, overall. My guess is that as people from certain countries settle in particular regions, those regions become magnets for new migrants from the same places, bringing new waves of residents who seek out familiar people, customs, and languages, in their new country. But this new concentration of people who live in, say, New Jersey by choice drives up the generic cost of living here beyond what the native-born locals think is fair. So, a lot of US-born residents respond to migration-driven growth by relocating to states that have a lower cost of living, as well as what they perceive (or hope) to be more familiar cultural surroundings.

I think the interplay between land use policy and migration is the major factor that determines a region’s housing costs: Land use policies largely determine a region’s real estate supply, and migration patterns (including the purchasing power of those who come or go) largely determine regional demand. I think it’s strange that planning discussions tend to spend very little time on the nexus (and contrast) between semi-permanent land use patterns and the very fluid migration patterns of places like North America and Western Europe. I can’t think of any part of the real estate equation that’s more central to questions about sustainability, affordable housing, and infrastructure than this dynamic. The more we can learn about who is going where, and why, the more intelligently we can address the whole host of land use planning topics. Restless America is a good start.

2008’s Abandoned Plats

Wired has an incredible set of aerial photos taken by photographer Michael Light. The images show luxury developments outside of Las Vegas that were abandoned, in various stages of construction, after the 2008 economic collapse. From Lyra Kilston’s accompanying article:

While the subject matter is bleak, Light’s depictions are quite the opposite. Unlike a deadpan, New Topographics-style view of altered landscapes, his work is exalted and hyper-sharp. His troubling images of dirty rivers, interlacing highways or denuded hills are portrayed with grandeur, creating an unsettling tension of repulsion and attraction.

“I don’t want to lecture or heckle. I suppose it’s a primal thing — I want to go out there and document moments of amazement,” says Light. Flying offers him the freedom of airspace from which to see the land. And like Earth-observing satellites, he can see things he’s not supposed to.

Nice work.

New Jersey Land Use Update

Scales and Lamp USSCThere was one published decision on land use in the New Jersey appellate courts this week. Motley v. Borough of Seaside Park Z.B.A. addressed the question of destruction, as used in N.J.S.A. 40:55D-68, and upon which the continued toleration of a nonconforming use turns. In this case, the plaintiff-respondent submitted a plan to the Seaside Park Z.B.A. for certain renovations to his property, which contained two residential structures — a nonconforming use in what has been a single-family zone since the 1970s. The Board approved his plan, but upon getting to work the plaintiff’s contractor apparently discovered significant structural issues that required taking the structure down to its foundation and footings. After a building inspector observed the extent of the demolition, a code-enforcement officer issued a stop-work order. Plaintiff lost an appeal to the Z.B.A. to lift the order. The lawsuit followed.

At issue was whether the plaintiff’s extensive dismantling and re-mantling had merely constituted a partial destruction of the non-conforming use, which would have required that use to continue to be tolerated under the borough’s zoning ordinance; or whether his actions had constituted a total destruction, after which any new construction on the parcel would have to conform to the present specifications of the ordinance. The trial court found, among other things, that the plaintiff’s actions had only constituted a partial destruction, and that policy reasons (viz., the importance of encouraging the proper maintenance of non-conforming structures) also supported allowing the plaintiff to rebuild. Accordingly, the Law Division vacated the stop-work order. But in an opinion published this week, an Appellate Division panel reached different conclusions and reversed the trial court’s order. The A.D. noted that New Jersey case law is generally opposed to extending the lives of non-conforming uses. Comparing the facts with those of the Lacey case, and others, the court concluded that a total destruction had taken place. Thus, a variance would have to be obtained in order to build something on the parcel that contravened the land use ordinance. In addition, the court found that the plaintiff had flouted the limits that the Board had initially set on his actions. Finally, the panel was unpersuaded by the policy reasons given by the trial court. Accordingly, it reversed the lower court’s decision vacating the stop-work order.

There was one unreported land use decision in the A.D. last week. I missed it at the time, because I was tied up with an event at one of the research centers, so here’s the belated squib: In Sharbell Building Company LLC v. Planning Board of the Twp. of Robbinsville, a three-judge panel affirmed a final judgment of the Law Division that had reversed the Board’s denial of an application to convert an approved, age-restricted housing complex into a development for residents of all ages. The court held that state legislation facilitating the approval of such conversions (in response to the changing housing marketplace) superseded the township’s zoning ordinance; and that prior to rejecting the proposal, the Board had focused on the wrong issues when it considered the impact of possible additional children on the local tax base, rather than considering the land use implications of the proposal. (You’ve gotta love it.) As always, the temporary New Jersey Courts link is alive for now, but the original opinion will be archived at the Rutgers Law Library next week.

New Jersey Land Use Update

Scales and Lamp USSCThere were no published opinions on land use or zoning in the New Jersey appeals courts this week. Among unpublished opinions, three touched on land use or zoning matters.

1. In RIYA Cranbury Hotel, LLC v. Z.B.A. of Twp. of Cranbury, et al., an Appellate Division panel affirmed a trial court’s holdings that a banquet facility constituted a restaurant under the town’s zoning ordinance; that an architectural feature did not constitute a sign, under the same ordinance; and that the granting of a D variance permitting a wine shop in a zone whose ordinances did not specifically allow such a use exceeded the limited powers of discretion that zoning boards enjoy to grant use variances.

2. In Kanter v. the Municipal Council of Wallington, et al., a pro se appellant challenged a decision by the local zoning board to grant a variance to a politically-connected company. The board’s decision had subsequently been upheld by the municipal council, and then by the Superior Court, on the challenged points. The case did not raise any substantive issues of New Jersey land use or zoning law, but instead raised procedural points, mainly stemming from alleged technical violations of the Open Public Meetings Act. Here, the Appellate Division panel affirmed the trial court’s disposition of the case, allowing the board’s decision to stand.

3. Finally, in Ginsburg Development Companies., et al. v. Twp. of Harrison, an A.D. panel vacated a trial court’s holding that a developer would not have to pay its share of infrastructure improvements, pursuant to a developer’s agreement, until it commenced building. The A.D. distinguished the facts of this case from those of two precedents on which the lower court had relied. The panel found, inter alia, that because the developer had not disavowed its plans (which would necessitate the improvements), or sought to modify those plans in such a way that its presumptive pro rata share of the resulting costs would change, that the facts of this case were inconsistent with those of the precedents. The judges also noted that a contract had already been awarded for the work of those improvements, and that, in awarding that contract, the township had acted pursuant to its agreement with the developer.

The temporary New Jersey Courts links are alive for now, but the opinions will be archived at the Rutgers Law Library next week.

NYT Endorses Mt. Laurel, Christie Vetoes Land Bank Bill

The Times editorial page expressed its support for a strong Mount Laurel doctrine, as Governor Christie continued seeking to dismantle New Jersey’s Council on Affordable Housing (COAH). Christie also vetoed the latest incarnation of the foreclosure land-bank for affordable housing, but he seems open to a possible reworking of its objectives through new legislation.

New Jersey Land Use Update

Scales and Lamp USSCJust a couple of unpublished opinions from the Appellate Division this week: In Rosenblum v. Z.B.A. of the Borough of Closter, et al., the court reversed a Law Division ruling that had affirmed the zoning board’s granting of a D variance for commercial uses, finding that the requisite criteria had not been met. The winning appeal was argued pro se by the plaintiff — an aggrieved neighbor. Meanwhile, in Gourley v. Monroe Twp., the court affirmed a Chancery decision to deny plaintiffs’ claims, including a reverse condemnation claim that they had brought against the township for damage from storm water runoff that may have been exacerbated by adjacent, permitted land development. The temporary New Jersey Courts links are alive for now, but the opinions will be archived at the Rutgers Law Library next week.

In the Shadows of America

For those who believe that a ‘housing crisis’ means that the price of housing is not going up quickly enough: this is why smaller, less expensive units need to be permitted in our land use codes. Addressing this problem is more important than protecting the ten-fold returns on investment that people are expecting to reap on properties that they purchased when Jimmy Carter was in office. Would a supply of more, cheaper units solve all of the housing problems described in this story? Maybe not. But it would begin to alleviate the stress on the population that is employed in entry-level positions, and whose wages do not overcome the structural failures of bizarrely distorted real estate markets. I mean, seriously, what kind of a society allows this to happen to young people who are just starting out? It’s a disgrace.

Bloomberg’s New York City

Michael Bloomberg has put an array of game-changing development projects at the forefront of his administration’s urban planning policy– and seen a lot of them through. As Bloomberg prepares to leave office at the end of his present term, The Architect’s Newspaper has put together a fascinating survey piece that describes many of the individual projects of the Bloomberg era, which together have reshaped the city in the most significant ways since the time of Robert Moses. (Thanks, Jon Goldman, for the tip!)

A new vision for Coney Island. Source: NYCEDC.

As a New Yorker (regionally, at least), I have very mixed feelings about Bloomberg’s planning legacy. On one hand, I now work in the city two or three days each week, and I have to say that I really enjoy the streetscaping changes that have been made to Broadway, in particular. Sometimes, when I feel like I need some exercise at the end of the day, I’ll walk up Broadway from the office in Gramercy Park to the PATH station at Greeley Square. The transformation of Broadway is palpable: Traffic lanes have been replaced with trees, bike lines, and outdoor seating. One day last week, a wedding was being performed in the middle of the street. With the reduction of motor-traffic, it became clear how much of the stress-inducing aggression that one expects to find in New York City is a direct result of having homicidal drivers competing for blacktop. Without them (or, even, with fewer of them), Broadway– in Midtown– has been transformed into a relatively quiet and peaceful setting. The redevelopment of Broadway is part of a wider administration focus on complete streets. No doubt that further reductions in vehicular traffic, as the Bloomberg administration has sought, would improve the ambience of the city, immeasurably.

On a much grander scale, I also really admire the ambition of a lot of the city’s signature projects, as highlighted in the Architect’s Newspaper article. The Hudson Yards Redevelopment Area, for example, will herald the most significant change to Manhattan’s geography since the 1920s: It will open an enormous new section of the city to Midtown-style development, supported by a  city-financed extension of the No. 7 subway (which is almost complete), and by the 2005 and 2009 upzonings of nearly 60 blocks on the Far West Side. Across town, in the middle of the East River, a new Cornell campus on Roosevelt Island will greatly increase the university’s footprint within the city limits. Downtown, the new World Trade Center is finally coming together, while Governor’s Island remains an empty canvas–but not for long. It’s an exciting time in New York City development. Forget about the numbers– the money to be made, the square footages to be built. Just look at the pictures in the above-mentioned article, and try to not be impressed by what’s happening.

On the other hand, I can’t help but feel that the city has become too managed, and too planned, on a human scale. It’s hard to characterize, exactly, what has been diminished over the last decade. But it feels as though the chaos and spontaneity that once made New York New York have been methodically reduced, and what we now have in New York is something more like a polished European capital, whose politically-connected denizens have shaped it to showcase their own riches and refinement, than like the crazy American city that we once loved. I still remember a city whose energy and danger seemed to promise that anything could happen here. What happened to that? The city of today is easier to deal with, in some ways. But it’s also become a preening, intolerant, and exclusive in-club, in ways that America’s largest city should never have been allowed to become. There’s something that I just find deeply dispiriting and stifling about much of New York now. It represents, I think, in all of its hair-splitting regulations, its commercialized hipness, and its matter-of-fact acceptance of locked doors, the decisive transformation of metropolitan America into a class-structured society whose boundaries are increasingly impenetrable to all but a select few. Its neatness is not something to celebrate.

It would be unfair, and perhaps too easy, given his personal characteristics, to lay most of the blame for this on Mayor Bloomberg. These changes have been coming for a generation, and many are the results of national and even global phenomena. Furthermore, to give credit where it’s due, the Bloomberg administration has probably done more to prioritize the development of affordable housing than any New York City mayor since the 1960s. Few things represent the narrowing of the city more starkly than its cost of living; and while Bloomberg’s willingness to tackle this may simply make good business sense, it also addresses an inequity that has been tolerated for far too long. At the same time, Bloomberg has had more than 10 years to leave his mark on the city, and it is what it is. There may be more affordable units in the pipeline as a result of his policies, but rest assured that their numbers will be very tightly controlled; and never will enough of them be permitted through the city’s land use policies to threaten the astronomical market equilibrium. Instead, the experience of living in New York City will become increasingly bureaucratized and contingent for those who are not rich: As Bloomberg once gloated, he believes the city is a “luxury product” for which people ought to expect to pay. And pay they do. His is not a vision of a city whose plans respond to the needs of its people; rather, it’s a city whose political players make room for the people they might need.

America’s Gated Cities

Forbes is back on the case of how the aggregation of local land use regulations can distort metropolitan land markets, creating barriers to entry in agglomeration economies, and possibly even slowing economic growth by depriving such economies of desperately needed new blood. This closely follows some of the insights that Ryan Avent hit on, last year, in The Gated City.

To the list of grievances against overzoning, I would add the appalling inequity of making entire metropolitan regions effectively off-limits to the middle and working classes, to the young, and to those who have children– including so many of those regions’ own long-time residents. Government and academic research have almost completely dodged the question about what has driven the massive, native-born out-migration from places like California and the Northeast– and whether this migration has been truly voluntary. To hear the press coverage, millions of stupid people have eagerly given up their proximity to friends, family, and relatively stronger economies in order to snap up cheap, new houses in Godforsaken places. I’m cynical, but not that cynical.

The truth is that housing costs have been forcing people out, and it is apparent that the labor forces in those cities that have been abandoned by the US-born working class have been steadily replaced by migrant workers who see being crowded and overworked in an American city as an improvement. On a long-term basis, this is not a sustainable arrangement. But the ultimate challenge is in overcoming the myopic politics of municipal government, writ large, that resists even the most modest changes to existing land use patterns. I really appreciate that Forbes is keeping up on this story. I feel like this is a drum that needs to be beaten until the harm of overzoning becomes clichéed.

Back in the 1970s, in a harbinger of what has come, the New Jersey Court addressed the issue of what was then called exclusionary zoning in its first Mount Laurel decision. In 1983, Justice Pashman described the specific land use devices that were resulting in the wholesale exclusion of market uses in his concurrence to the second Mount Laurel decision. In those days, only the housing markets for poor and working-class people had been strangled. By the 90s and 2000s, the suburban middle class was starting to get screwed. Today, Silicon Valley and Forbes are complaining. Maybe now it becomes an issue.

Mencken v. American Towns

H. L. Mencken has a funny essay in which he reflects on the ugliness of the small towns between Pittsburgh and Greensburgh, Pennsylvania. Sadly, not much has changed since he wrote the piece in 1927. Looking around these blocks on StreetView is a cautionary experience for anyone who would blame Euclidean zoning laws too much for the shortcomings of U.S. development. As a bonus, the same site also has a nice Mencken quote about what drives the antics of certain university professors— also, sadly, unchanged by the progress of a century.