Depending on who’s doing the estimating, America is short anywhere from 2 million to 6 million homes. If you’ve tried to buy or rent a place in the past year, or you know anyone who has, then you didn’t need me to tell you that. Hardly anything’s on the market, and none of us can afford what is. The question is: Why?
That simple question, oddly, has been impossible to answer with any real precision. The housing shortage may be national, but the problem is local. Where homes get built, how many, what type, how big the lot has to be, how many meetings it takes to build something new — those things are all governed by zoning rules. And every town and village and city zones itself. Which means there are more than 30,000 different sets of zoning rules in America. When it comes to housing, we’re a nation of islands, governed by no central authority.
To make matters worse, each of those 30,000 islands has its very own language for those rules. Many maps favor the suburban ideal of single-family homes on expansive lots, while essentially disallowing every other form of housing. One place might call a two-family home a duplex (and allow it), where another code might call it a “townhome” or just “multifamily” (and nix it). In some places, “mixed-use” means a neighborhood that combines homes and shops (nope!); in others it means a combination of offices and industry (sure, why not?). Some cities have maps digitally coded into a standard geospatial data format; other towns still use paper. In city after city, the rules are woefully outdated, head-scratchingly obscure, or outright racist.
If you could decipher all those rules, and make comparisons between different cities and states, you might be able to figure out which rules let more homes get built, and which ones don’t. But no one has ever assembled America’s zoning regulations in one place, let alone force them to use the same words to mean the same things — until now.
For the first time, a team of researchers is compiling every city’s zoning rules into a National Zoning Atlas. That means everyone from policymakers to homeowners will be able to look at their local zoning maps and understand their town’s hidden architecture. And maybe, armed with that information, we’ll finally be able to remodel America’s fixer-upper of zoning policies into a tasteful showcase for starter homes and cheap apartments.
“Zoning is hugely influential on all of our lives, and people don’t know enough about it,” says Sara Bronin, an architect and attorney at Cornell University who founded the atlas. “Our project really aims to demystify these hidden rules, and encourage policymakers, researchers, and advocates to mine that information.”
The atlas also aims to translate the nation’s multitude of local zoning rules into what Bronin calls a “common set of definitions and practices” — a rationality that will enable analysts, at long last, to make “apples-to-apples comparisons.” In other words, we’ll finally be able to say, with certainty, which policies build more homes and bring prices down, and which policies don’t.
It’s still early — so far the atlas includes only 2,000 jurisdictions populated by 35 million Americans. That’s because it’s more than just a massive data project, crunching code into computers. “It’s a legal research project,” Bronin says, “one of the biggest legal research projects on local government law that has ever existed. We are effectively reading hundreds of thousands of pages of local ordinances and regulations.”
It’s hard to underestimate how powerful a tool the atlas will be. Bronin says people are already using it to effect policy changes — like the woman in Milford, Connecticut, who printed out screenshots from the atlas to persuade her town to change its policy prohibiting residents from building guest-house-type units in their backyards. Milford’s official zoning map was an incomprehensible mosaic of microscale neighborhood rules — but the easier-to-read atlas enabled the Milfordites to prove their case, and demand change.
Or look at the even bigger changes that were enacted in Montana, where housing prices spiked sharply during the pandemic as more people moved to Big Sky Country from out of state. Armed with the apples-to-apples zoning maps contained in the atlas, advocates for zoning reform were able to compare the rules in Montana with those of California. Cities and towns in both states, they could see, penalize or outright prohibit duplexes and other forms of housing that bring down prices and help prevent urban sprawl.
“We were able to come into legislative hearings and say: Here’s a map of Missoula’s zoning, here’s where you can build duplexes, and here’s where you can’t. And then we’d put a map next to it of Los Angeles’ zoning, and they looked identical,” says Kendall Cotton, a prime mover behind the push for zoning reform. “We said: Look, if Missoula zones like LA, it’s going to grow like LA. And in 25 years, it’s going to look a lot like LA.”
The beauty of that argument is that it appealed to both sides of the political divide — and not just because everybody came together over their shared hatred of Los Angeles. Enacting a more permissive set of zoning rules gave everyone something they wanted. Lefty political leaders knew that sprawl fuels climate change and that housing shortages exacerbate inequality. Right-leaning folks hoped to preserve their right to build whatever they wanted inside their own property lines.
“When we put it on a map, it was undeniable,” Cotton says. “They had to face facts and admit that what their zoning code represents is not conducive to building all the homes they’re going to need.” Montana passed new rules to accommodate smaller multiunit buildings and allow duplexes anywhere single-family homes are. Neighborhoods can now put homes and businesses side by side. And cities now have to meet aggressive targets for new home construction.
Of course, the atlas alone won’t fix everything. Sometimes outdated, racist, exclusionary zoning rules exist because the people who already own homes have seen their values skyrocket and want to keep things the way they are. It’s hard to imagine a map solving that.
“Land-use policy is politics,” says Yonah Freemark, a researcher at the Urban Institute who studies housing. “We can say all we want about what the data show, and hopefully that can help make a political point. But in reality, this requires elected officials and community groups to make the case for change. That’s a political question, not a data question.”
Freemark thinks the National Zoning Atlas is likely to make more of a difference at the state level than the local one. Yes, cities and towns make their own zoning rules. But state governments can overrule them, and the atlas may arm them with the information they need to do so. That was certainly the case in Montana. “Local governments would say to us, confidentially, that they were thankful, because the statewide legislation forces their hand,” Cotton says. “They can say it’s the legislature’s fault: Sorry, NIMBYs, now we’re all in on zoning reform.”
Still, even when changes are implemented, it will take more than a single legislative session to solve a shortage created by decades of underbuilding. “The state of California has been passing zoning change after zoning change,” Freemark says, “but it’s still facing low housing construction statewide.” But we have to start somewhere — and the atlas offers us a chance, for the first time, to make sense of the housing mess we’ve created.
It’s no coincidence that Bronin, the founder of the atlas, loves Italo Calvino’s “Invisible Cities.” in the novel, a tale-spinning Marco Polo describes to Kublai Khan dozens of cities in the emperor’s far-flung realm that may or may not exist, or may only exist because Polo describes them. That’s the thing about zoning: It doesn’t map what is (which homes are where) but what could be (which homes are allowed to go where). It’s a map of the future — and the future isn’t fixed. There’s an old saying: The map is not the terrain. That’s true. But the right map can change it.
Adam Rogers is a senior correspondent at Business Insider.
In a recent decision, the Kerala High Court has held that KITCO (Kerala Industrial & Technical Consultancy Organisation) qualifies as ‘State’ under Article 12 of the Constitution and therefore, is amenable to writ jurisdiction under Article 226 of the Constitution.
A division bench of Justice Anu Sivaraman and Justice C Pratheep Kumar observed that large majority of shares of the company are held by instrumentalities of the Central Government. Even the State government has a “decisive representation” in the Board, it noted.
“It is clear from a reading of the Articles of Association and the documents produced in the writ petition and in this writ appeal that the State and Central Governments themselves specifically consider the 1st respondent [KITCO] as a Central Government company. It is also discernible that the accounts of the 1st respondent are audited by the Comptroller and Auditor General of India treating it as a deemed Government company. It is recognised as an accredited Government agency for the purpose of public works in the State,” the bench added.
The petitioners had moved an appeal against single judge’s order refusing to consider a writ petition against KITCO holding that is not maintainable since KITCO is not State under Article 12 of the Constitution. The single judge had cited KJ Johnson v. Kerala Industrial and Technical Consultancy and ors.
The appellants argued that the decision in KJ Johnson only considered the shareholding by the State of Kerala and the control exercised by the State, as opposed to the deep and pervasive control exercised by the State through its instrumentalities on KITCO.
The appellants submitted that KITCO is a public sector undertaking established under the Industrial Development Bank of India and the Government of Kerala along with other public sector banks and statutory corporations, arguing that about 95 percent of the shares in KITCO are either held by the government or statutory companies. Additionally, KITCO is listed as a union government company on the portal of the Ministry of Corporate Affairs, along with the GST registration certification categorizing it as a public sector undertaking. KITCO is also annually audited by the Comptroller and Auditor General of India. The appellants also noted Section 2(45) of the Companies Act, 2013 which defines a government company, it was submitted.
The court examined the submissions, stating that “the Memorandum and Articles of Association of the 1st respondent company would make it clear that it is a company incorporated with public entities, including the SIDBI, IFCI, ICICI Public Sector Banks and Government of Kerala as its shareholders. There is, admittedly, no private shareholding in the company.”
The court went on to add that the “company is recognised as a public sector enterprise by the Central Government and the Government of Kerala and is listed as a Central Government company” noting that the affairs of the company are decided by the shareholders who are public sector undertakings.
The court rejected the argument in KJ Johnson which concluded that KITCO cannot be construed as a State as per Article 12 because only 3% of its shares are held by the Government of Kerala. The court pointed out that considering that a large majority of the shares are held by instrumentalities of the government, it has a decisive representation in the board.
The bench allowed the petition and held that the respondent company is an instrumentality of the Union of India under Article 12 of the Constitution.
Counsel for Appellants: Advocates Abraham Joseph Markos, V Abraham Markos, Isaac Thomas, PG Chandapillai Abraham, Alexander Joseph Markos, Sharad Joseph Kodanthara, John Vithayathil and Aibel Mathew Siby
Counsel for Respondents: Advocates Gopikrishnan Nambiar, B Ashok Shenoy, K John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C Abraham, Raja Kannan, Pooja Menon, PS Gireesh, Arjun R Naik, Thejalakshmi RS, Aaron Zacharias Benny and EK Nandakumar
Case Title: Welfare Association of Kitco Employees (Wake) & ors v. Kerala Industrial and Technical Consultancy Organization (Kitco) & ors.
Case Number: WA No. 691 of 2023
Citation: 2024 LiveLaw (Ker) 74
Animal care officials in Los Angeles County are looking for new homes for dozens of cats rescued from a facility in the Antelope Valley — including some that are unsocialized or may have special needs that require particular living situations.
This month, 80 cats seized from that facility have been put up for adoption, according to the county Department of Animal Care and Control. At least 20 of them have not been fully domesticated and aren’t suited to be indoor pets, but authorities say the “full of character” felines could acclimate to rural spaces, warehouses, barns and other outdoor areas.
All cats will be spayed or neutered, vaccinated, microchipped and medically cleared before they can be taken home.
“Finding placement for unsocialized cats is particularly difficult,” Marcia Mayeda, director of the Department of Animal Care and Control, said in a statement. “We are compelled to ask for the public’s help for these cats, who have endured long confinements and neglect, and deserve a second chance at a fulfilling life.”
The 80 cats were seized along with more than 120 other animals in October 2022 from a facility in Littlerock that was found to be out of compliance with state and county regulations, officials said.
An excessive number of animals were housed at the facility, officials alleged, and they weren’t receiving proper medical care.
The rescued cats and dogs were distributed among L.A. County’s seven animal care centers and have since been evaluated and treated. The animals were held as evidence during legal proceedings, but some have gradually been cleared for release.
More details about the cats and other adoptable animals can be found at animalcare.lacounty.gov, or by contacting an animal care center directly.
Legislation Creates Homeownership Opportunities for New Jersey Residents
TRENTON – Governor Phil Murphy today signed A5664/S4240, establishing a Community Wealth Preservation Program to promote equity and fairness in foreclosure sales by providing opportunities for foreclosed-upon residents and their next of kin, tenants, and other prospective owner-occupants – along with nonprofit community development corporations – to purchase and finance a foreclosed-upon home.
The current foreclosure market favors investment companies that can afford to purchase foreclosed-upon properties and sell them at a profit. The legislation helps to level the playing field, support affordable homeownership, and empower those with a vested interest in the community to purchase property.
“For too many, the dream of homeownership feels far out of reach,” said Governor Murphy. “With today’s bill signing, we are creating a new avenue to homeownership for individuals and families throughout New Jersey, giving many the opportunity to remain in the homes and communities they cherish while also protecting our neighborhoods from rapid investor-driven homebuying.”
“This new law shows that New Jersey is continuing to find creative ways to create affordable homeownership opportunities for families and, in the process, ensure more homes stay owned by local residents,” said New Jersey Department of Community Affairs Acting Commissioner Jacquelyn A. Suárez. “With the Community Wealth Preservation Program, it is now much easier for all residents to buy a home to live in at a sheriff’s sale because of the lower deposit required and the extra time to come up with money for the remaining balance. Rather than corporations and investors buying the homes to rent or flip for profit, everyday families now have a better opportunity of purchasing a house they can call home for generations to come.”
Then-Assemblywoman, now-Senator Britnee Timberlake championed this legislation in the Legislature. Additional primary sponsors include Senators Andrew Zwicker and Shirley Turner and Assemblymembers Shanique Speight, Shavonda Sumter, and Benjie Wimberly.
“New Jersey is consistently in the top three in the nation with the highest foreclosures. Our state also has the widest racial wealth gap in the country. Black and brown wealth is hemorrhaging through the loss of foreclosed property, and the people who live in the community often do not have deep enough pockets to even participate in the foreclosure process. This bill is a creative opportunity for families to save their wealth at the time of a foreclosure sale by using financing,” said Senator Britnee Timberlake. “This legislation also levels the playing field for renters, affordable housing non-profit developers and people who want to purchase an abandoned home to restore and live in or to create affordability. This is what equity in systems look like.”
“Community wealth preservation represents an important way of ensuring affordable housing opportunities remain with the local community, stabilizing neighborhoods, and improving lives, all the while making a variety of other positive impacts that will boost our towns economically and socially and keep them viable for future generations to come,” said Senator Andrew Zwicker.
“Too often foreclosed properties are bought up by real estate investors and developers only looking to make a profit,” said Senator Shirley Turner. “This legislation will help to keep property ownership within the community. By creating pathways for owners, tenants and local organizations to make purchases at sheriff’s sales we can help to keep money in the community and keep people in their homes.”
“The current process for buying foreclosed houses favors companies that have the money to purchase property at sheriff sales and resell it for a profit,” said Assemblywoman Shanique Speight. “By enacting the changes detailed in this bill, we can give people vested in their community a better chance of securing a home at these sales.”
“Home ownership is an important way to build generational wealth, and this bill combats housing insecurity,” said Assemblywoman Shavonda Sumter. “The trauma of losing the family home due to foreclosure leaves a lasting emotional scar. This bill makes it easier for families to support one another, buy that home at a sheriff’s sale and keep it in the family.”
“We need to make housing affordable and accessible, especially in Black and brown neighborhoods and the ‘Community Wealth Preservation Program’ does that. This legislation provides an opportunity for many New Jerseyans who want to own a home and join a community,” said Assemblyman Benjie Wimberly. “We’re removing barriers that stand in the way of a potential homeowner’s success at sheriff sales.”
“Today we are taking a major step to address NJ’s enormous racial wealth gap, the largest in the nation,” said Staci Berger, president and chief executive officer of the Housing and Community Development Network of NJ. “The Community Wealth Preservation Program will help to HouseNJ by preventing the loss of a family’s greatest asset — their home. This landmark legislation, which has been persistently championed by Senator Britnee N. Timberlake during her time in the Assembly, allows relatives to keep their home within their family when possible, and allows nonprofit developers to help keep the property affordable when not. NJ needs to do everything we can to prevent foreclosures, which contribute to the racial wealth disparity, and provide people with safe and stable housing. We thank all the sponsors including Senators Timberlake and Andrew Zwicker, our legislative leaders, and Governor Phil Murphy for their leadership and commitment to bring this generational wealth building tool to New Jerseyans.”
“The bill puts the interests and wellbeing of people before corporate real estate interests and protects families and communities from the disruption and devastation caused by foreclosure,” said New Jersey Citizen Action’s Financial Justice Program Director, Beverly Brown Ruggia. “The legislation is an important step toward reversing the devastating impact of the great recession and foreclosure crisis on black and brown families in New Jersey. It will help ensure that the chain of generational wealth building through home ownership isn’t broken when a family falls on hard times. We want to especially thank Senator Britnee Timberlake for championing this bill, and Governor Murphy for signing it into law.”
“We are pleased to see Governor Murphy sign this critical piece of legislation into law. Providing expanded opportunities for Black and Brown communities to retain wealth through homeownership is vital. Closing the racial wealth gap in New Jersey will require more work, but the Community Wealth Preservation Act will create a desperately needed pathway and is a great step in the right direction. We commend Senator Timberlake for her leadership and advocacy in championing this bill,” said James Williams, Director of Racial Justice Policy at the Fair Share Housing Center.
“This legislation is an important step in addressing New Jersey’s racial wealth gap by preserving housing wealth in families and communities rather than turning it over to outside investors,” said Laura Sullivan, Director of the Economic Justice Program at the New Jersey Institute for Social Justice. “This new policy is especially important in New Jersey where people of color face some of the worst racial wealth disparities and are most vulnerable to foreclosure.”
MADISON, Wis. (AP) — Two consultants hired to analyze new legislative boundary lines in Wisconsin after the state’s Supreme Court tossed the current Republican-drawn maps will be paid up to $100,000 each in taxpayer money under terms of their contracts made public Thursday.
Each consultant will be paid an hourly rate of $450, up to $100,000 total, but the state director of courts has the authority to exceed the maximum amount if she determines it is necessary, according to the contracts.
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