Posts Tagged ‘landlord tenant law’

California’s rent control temptation

Even if California voters defeat Proposition 10 on Nov. 6, battles over rent control are likely to continue, I write in my new Cato post:

Though once favored in voter surveys, Proposition 10 has sagged lately, well behind in one poll and ahead in a second by only 41-38 with 21 percent undecided. But advocates of liberty (and all who prize the lessons of Economics 101) shouldn’t get complacent. …

It’s true that many California localities, the Bay Area especially, are experiencing skyrocketing housing costs. That has a lot to do with intense demand to live and work in places like Silicon Valley and San Francisco, and even more to do with the tight regulatory lid on new residential construction that artificially suppresses the supply of dwellings in the state generally and especially in desirable communities and near the coast. By shifting the blame for the resulting situation to owners of existing rental units, rent control would make it even less likely that Bay Area and coastal governments will take the one measure that would be effective against spiraling housing costs, namely legalizing much more new construction.

Whole thing here. Related: “What does economic evidence tell us about the effects of rent control?” [Rebecca Diamond, Brookings]

September 27 roundup

Can landlords opt out of the Section 8 rental program?

The Section 8 federal housing voucher program was conceived as one in which owners of rental properties participate voluntarily, but that may be changing. One straw in the wind: the push for “source of income discrimination” laws prohibiting landlords from turning away Section 8 tenants. Another: a new Third Circuit decision declaring that the owner of a unit converted to market-rate could not refuse to renew a lease even after the original tenant died. I look at Hayes v. Harvey in my new post at Cato.

No escape from gas liens for Philadelphia landlords

John K. Ross, Short Circuit: “When tenants fail to pay gas bills, Philadelphia’s municipal utility allows debts to pile up for years without notifying landlords, then puts a lien on the property—effectively making the landlords liable for the debt. When landlords complain, the utility tells them to file a complaint with a state agency that has no jurisdiction to address their complaints. Third Circuit: No due process problem here.” [Augustin v. City of Philadelphia]

June 13 roundup

  • Put a Plimsoll line on a T-shirt and you might hear from trademark lawyers [Cyrus Farivar, ArsTechnica]
  • “Do Landlords Have a Duty to Evict Drug-Using Tenants (or Face Liability if Guests Die When Using Drugs with Them)?” [Eugene Volokh]
  • Interview with Judge Jeffrey Sutton about his new book on state constitutions, “51 Imperfect Solutions: States and the Making of American Constitutional Law” [Ilya Somin, parts one and two] Federalist Society teleforum with Judge Sutton, Randy Barnett, and Judge William Pryor;
  • “American Airlines bans insects, hedgehogs and goats as emotional support animals” [CNNMoney/WQAD] Peacocks begone: “JetBlue Updates Requirements for Emotional Support Animals” [press release]
  • Gov. Hogan vs. teachers’ unions, pension mandate, a socialist for MoCo County Executive?, and more in my latest Maryland roundup [Free State Notes]
  • “A Devastated Puerto Rico Must Still Contend with the Jones Act” [Cato Podcast with Colin Grabow and Caleb Brown, earlier]

Land use and development roundup

Update: court strikes down Seattle landlords-must-accept-first-tenant law

A Washington court has struck down Seattle’s new law requiring landlords to rent to the first qualified tenant-applicant who applies, supposedly as a way of countering unconscious or implicit bias. Judge Suzanne Parisien

said the law violated property rights by stripping landlords of their ability to “freely dispose of property” and to choose their own tenant, a “fundamental attribute of property ownership.”

The judge also concluded the law violated landlords’ due process rights by imposing the rule without limitation. “A law that undertakes to abolish or limit the exercise of rights beyond what is necessary to provide for the public welfare cannot be included in the lawful police power of the government,” she wrote.

Finally, the judge said the law violated the First Amendment by broadly banning certain types of advertising by property owners absent individualized suspicion of discrimination. [David Kroman, Crosscut, earlier] More: Ilya Somin.

March 14 roundup

Housing roundup

  • “One year ago, Portland enacted inclusionary zoning. One year later, “apartment construction in Portland has fallen off a cliff.”” [@michael_hendrix citing Dirk VanderHart, Portland Mercury] Better policy is to focus on building supposedly unaffordable housing [Scott Sumner]
  • Intractable problems of residential zoning and of public schooling in the U.S. have a great deal to do with each other [Salim Furth, American Affairs]
  • New NBER study “suggests building energy codes hurt the poor, too” [Vanessa Brown Calder, Cato]
  • Upzoning of Dumbo helped catalyze Brooklyn’s revival [Ira Stoll] How Henry George and followers influenced NYC property and tax policy, and the tax deal that helped touch off the Manhattan building boom of the 1920s [Daniel Wortel-London, The Metropole]
  • How to live in some apartments forever without paying, and more tips for unscrupulous NYC tenants [Jeremiah Budin, Curbed]
  • For “but,” read “therefore”: “Marin County has long resisted growth in the name of environmentalism. But high housing costs and segregation persist.” [David Henderson, quoting]

Housing roundup

  • “The Rent is Too High and the Commute is Too Long: We Need Market Urbanism” [Andrew Criscione, Market Urbanism] Is excessive regulation making it costly to build starter homes? Ask the New York Times [Ira Stoll]
  • Good: Sen. Mike Lee and Rep. Paul Gosar have introduced a bill to eliminate outright the Obama administration’s meddlesome AFFH (Affirmatively Furthering Fair Housing) rule [Vanessa Brown Calder, earlier]
  • “Dollar home” programs show mostly sparse results in urban revitalization, especially when regulatory strings come attached [Jared Alves, Greater Greater Washington]
  • Too radical to pass? Bill 827 in California would impose upzoning on transit corridors [Ilya Somin] California wildfires will worsen Bay Area housing shortage, but where’d that shortage come from? [Enrico Moretti, NYT] “Why Does Land-Use Regulation (Still) Matter in Oregon?” [Calder, Cato]
  • New from NBER: “Rent Control Raises Housing Costs” [Charles Hughes, Economics21] Study “provides strong evidence of rent control’s damaging effects” [Calder]
  • “Blockchain technology can empower public and private efforts to register property rights on a single computer platform,” with particular benefits for poorer societies in which property rights remain ill-defined [Phil Gramm and Hernando de Soto, WSJ/AEI, Arnold Kling] “The U.S. property title system is a disgrace. It could be fixed with blockchain. But it also could be fixed without blockchain.” [Kling]