Symposium
Regulatory Barriers to Affordable Housing
Advisory Board
Managing Editor: William R. Zachmann
Guest Editor: Edwin A. Stromberg
Elijah Anderson
University of Pennsylvania
Roy Bahl
Georgia State University
Ann Bowman
University of South Carolina
Henry A. Coleman
Rutgers University
Greg Duncan
University of Michigan
Amy Glasmeier
Pennsylvania State University
Norman J. Glickman
Rutgers University
Harvey Goldstein
University of North Carolina
Jane Gravelle
Congressional Research Service
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Steven P. Hornburg
Research Institute for Housing America
Helen F. Ladd
Duke University
Wilhelmina A. Leigh
Joint Center for Political and Economic Studies
Laurence E. Lynn, Jr.
Texas A&M University
John Tuccillo
National Association of Realtors
Avis C. Vidal
The Urban Institute
Don Villarejo
California Institute for Rural Studies
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Cityscape: A Journal of Policy Development and Research strives to share HUD-funded and other research on housing and urban policy issues with scholars, government officials, and others involved in setting policy and determining the direction of future research.
Cityscape focuses on innovative ideas, policies, and programs that show promise in revitalizing cities and regions, renewing their infrastructure, and creating economic opportunities. A typical issue consists of articles that examine various aspects of a theme of particular interest to our audience.
Foreword
The U.S. Department of Housing and Urban Development's Research Conference on Regulatory Barriers to Affordable Housing was held on April 22, 2004, in Washington, D.C.
As an integral part of the Department's Affordable Communities Initiative, the conference assessed the state of
regulatory barriers research to help the Department establish research priorities for overcoming regulatory barriers to
affordable housing. Through a series of research papers, presenters discussed the limitations of the availability of affordable
housing resulting from restrictive regulation of building construction, land use regulations, impact fees and exactions,
environmental regulations, and administrative processes.
This publication includes the papers that were prepared for and delivered during the conference. The appendix includes
discussant comments for several of the papers.
Guest Editor's Introduction
Edwin A. Stromberg
U.S. Department of Housing and Urban Development
Office of Policy Development and Research
The recently released U.S. Housing and Development (HUD) report, "Why Not in Our Community?": Removing Barriers
to Affordable Housing, has found that over the past 13 years many of the regulatory barriers originally documented in the
1991 report, "Not in My Backyard": Removing Barriers to Affordable Housing, still exist and may have
worsened. The new report identifies how discriminatory, exclusionary, and unnecessary regulations continue to constitute barriers
to affordable housing in communities throughout the United States. Because few significant and lasting improvements have occurred
over the past decade, HUD realized that effectively addressing and redressing these barriers would require a concerted,
nationwide, multifaceted effort.
Confronting the challenge of such an effort, HUD made a major commitment to barrier removal by launching the American
Affordable Communities Initiative. Under this initiative, the Department assumed a leadership role in working with states and
local communities to identify strategies to reduce regulatory barriers and mitigate their impact. The initiative's
ambitious agenda includes working with governments, local housing groups, associations, and housing advocates on strategies for
reducing regulatory barriers, including model regulatory approaches and systems; encouraging a public/private partnership to
develop state and local coalitions and policies that can reduce barriers at the state and local level; and ensuring that the
federal government, and HUD in particular, gets its own "house" in order by working to remove or reduce federal
barriers to housing affordability. As part of this initiative, the Department is developing and implementing efforts to
disseminate best practices, building coalitions interested in reducing barriers, reducing barriers at the federal level
(particularly at HUD), and continuing to conduct and support much-needed research into regulatory barrier issues. Consequently,
the initiative calls for working with HUD's Office of Policy Development and Research (PD&R) to coordinate a large
research effort to better understand the impacts of regulatory barriers and assess the success of strategies aimed at reducing
them.
In seeking to craft an effective regulatory barriers research strategy, we in PD&R realized the first order of business
was to assess the state of play of regulatory barriers research in this country. Although useful research on regulatory barriers
certainly has been undertaken, the research typically is small in scale, narrowly focused, and intermittent. Moreover, only a
small part of the potentially large research community has been engaged in regulatory barriers research. Consequently, the amount
of sound, policy-oriented research has been disproportionately small compared to the seriousness of the problem.
An integral component of any such effort is sound, credible, persuasive research pinpointing the harmful impacts of these
barriers on the affordable housing needs of communities and helping to point the way to overcoming these barriers.
To carry out this review and assessment of the state of play of regulatory barriers research, PD&R sponsored a meeting of
the leading researchers to review what is known and what needs to be known about regulatory barriers research for such research
to have a meaningful policy impact. This meeting, the Research Conference on Regulatory Barriers to Affordable Housing, convened
on April 22, 2004, in Washington, D.C.
By all measures, the Research Conference on Regulatory Barriers to Affordable Housing achieved its objectives. The
presenters' articles in this issue of Cityscape shed considerable light on what is known and offer a clear roadmap for
future research endeavors; the commenters' articles in the Appendix sharpen and embellish the guidance for an effective
regulatory barriers research agenda. Moreover, the introductory and wrap-up articles by Professor Michael H. Schill and the
policy reflections of Jeffrey M. Lubell neatly summarize and frame the state of knowledge and the directions that regulatory
barriers research can fruitfully take. We firmly anticipate that this volume can and will serve as a blueprint for much-needed
research on this important issue.
For all those who contributed to this volume—the article writers and presenters, the commenters, the moderators, and
other discussants—we extend our thanks and appreciation.
Regulations and Housing Development: What We Know
by Michael H. Schill
Building Codes and Housing
by David Listokin and David B. Hattis
The Effects of Land Use Regulation on the Price of Housing: What Do We Know?
What Can We Learn?
by John M. Quigley and Larry A. Rosenthal
Impact Fees and Housing Affordability
by Vicki Been
Environmental Regulations and the Housing Market: A Review of the
Literature
by Katherine A. Kiel
Regulatory Implementation: Examining Barriers From Regulatory
Processes
by Peter J. May
The Policy Case for Research Into Regulatory Barriers: Reflections on
HUD’s Research Conference on Regulatory Barriers to Affordable Housing
by Jeffrey M. Lubell
Regulations and Housing Development: What We Need To
Know
by Michael H. Schill
Appendix
Response to "Building Codes and Housing" by David Listokin and David B.
Hattis
by Carlos Martín
Response to "The Effects of Land Use Regulation on the Price of Housing:
What Do We Know? What Can We Learn?" by John M. Quigley and Larry A. Rosenthal
by Robert C. Ellickson
Response to "The Effects of Land Use Regulation on the Price of Housing:
What Do We Know? What Can We Learn?" by John M. Quigley and Larry A. Rosenthal
by William H. Kreager
Response to "Impact Fees and Housing Affordability" by Vicki
Been
by William A. Fischel
Response to "Environmental Regulations and the Housing Market: A Review of
the Literature" by Katherine A. Kiel
by James M. McElfish, Jr.
Response to "Environmental Regulations and the Housing Market: A Review of
the Literature" by Katherine A. Kiel
by David Sunding
Response to "Regulatory Implementation: Examining Barriers From Regulatory
Processes" by Peter J. May
by Harriet Tregoning
Regulatory Barriers Conference Roundtable Summary
by Steven P. Hornburg
Cityscape is published three times a year by the Office of Policy Development and Research (PD&R) of the U.S. Department of Housing and Urban Development. Subscriptions are available at no charge and single copies at a nominal fee. The journal is also available on line at http://www. huduser.gov/periodicals/cityscape.html.
PD&R welcomes submissions to the Refereed Papers section of the journal. Our referee process is double blind and timely, and our referees are highly qualified. The managing editor will also respond to authors who submit outlines of proposed papers regarding the suitability of those proposals for inclusion in Cityscape. Send manuscripts or outlines to Cityscape@hud.gov.
Opinions expressed in the articles are those of the authors and do not necessarily reflect the views and policies of HUD or the U.S. government.
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