The YIMBY push for multifamily housing hits a ‘nope’ from homeowners

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By Robbie Sequeira | Stateline.org

When Minneapolis, then Oregon, then other local and state governments began stripping away exclusive single-family-home zoning over the past five years to allow the construction of multifamily housing, many development advocates predicted the start of a pro-YIMBY revolution.

But the “yes-in-my-backyard” movement has stumbled even before it’s really gotten started.

In court challenges around the country, opponents have cited spikes in traffic, strains to infrastructure, displacement of low-income residents, hits on property values and changes to neighborhood character. Multifamily zoning advocates, however, counter that opponents are resisting changes that will yield broader societal benefits.

The debates are challenging elected leaders, planning specialists, homebuilders and advocates, pitting long-established homeowners against a system desperate to get a handle on the nation’s growing crisis of housing affordability and homelessness.

“People want to maintain their neighborhood character, but it should be about ensuring quality of life for everyone,” said Natali Fani-Gonzalez, a Democratic member of the Montgomery County Council in Maryland who has endorsed changes to zoning laws. “You’re part of a community … you don’t own it. We need to evolve with society.”

‘I dread the possibility’

The most recent ruling arrived this month, when the Montana Supreme Court issued a decision paving the way for a pair of state laws to take effect over the objections of homeowners.

In 2023, Montana lawmakers were lauded for a bipartisan effort dubbed the “Montana Miracle,” a collection of measures that overrode local zoning ordinances to encourage more multifamily homes and accessory dwelling units, or ADUs — smaller secondary cottages or in-law apartments within or on a lot of a single-family home. The laws, championed by Republican Gov. Greg Gianforte, were supposed to go into effect Jan. 1, 2024.

But in December, a consortium of single-family homeowners from across the state called Montanans Against Irresponsible Densification, or MAID, filed a complaint. The group argued that the state had unconstitutionally taken away homeowners’ property rights and would wrest local control from cities and counties. The lawsuit warned, in part, that the laws meant new construction could begin down the block without notice.

“I dread the possibility of waking up one morning and finding that one of my neighbors has sold her property to a developer who is then erecting a multi-unit building or a duplex, or an accessory dwelling unit right next to our nice and carefully maintained single-family dwelling,” wrote Glenn Monahan, a Bozeman resident and managing partner of MAID, in an affidavit filed with the initial lawsuit and quoted in the court’s ruling.

“If such development aimed at increasing density in my neighborhood happens, I believe it will seriously and adversely affect the economic value of my property,” Monahan wrote. “More important than economic value is the moral, aesthetic neighborhood values that my wife and I share with the neighbors …”

Representatives for MAID did not return calls for comment.

Wealthier and whiter

Berkeley, California, first established a residential zone exclusively for single-family homes in 1916 — just as racist covenants banning home sales to non-whites were gaining steam nationally and other workarounds to preserve neighborhood segregation were being tested.

Today, around 75% of residential land in the United States is zoned exclusively for single-family homes. These neighborhoods are typically wealthier and whiter, according to a 2023 research report by the Urban Institute.

In an aerial view, construction at a multifamily housing development is seen on Aug. 30, 2023, in Los Angeles. According to data from the California Association of Realtors, housing affordability dropped to a 16-year low in California in the second quarter of this year amid high-interest rates. According to the figures, just 16 percent of people in the state are able to afford to purchase an existing median-priced single-family home. (Mario Tama/Getty Images/TNS)

Minneapolis is credited as the first major U.S. city to enact substantial changes to increase density when it abolished single-family-only zoning citywide in 2019, allowing up to three dwelling units on any residential lot.

That same year, the Oregon legislature passed a law with two so-called upzoning provisions: allowing duplexes in single-family zoning areas of cities with at least 10,000 residents, and allowing townhouses, triplexes and fourplexes in cities of at least 25,000 residents.

Upzoning encompasses a range of policy tools — such as building more “missing middle” housing in the range between single-family homes and apartment buildings, focusing on transit-oriented development, lifting parking requirements, and increasing floor-to-area ratios. But researchers and planners told Stateline that it can take years for these policy changes to address current housing needs or undo the harms of restrictive zoning.

“The largest challenge is that zoning reform takes a really long time to implement. From the start of reform to actually seeing effects, it takes about 10 years,” said Stephen Menendian, assistant director and director of research at the University of California, Berkeley’s Othering & Belonging Institute.

“Even the Minneapolis reforms, which happened at warp speed, will take another four years to fully assess the effects,” Menendian said. “It’s been less a revolution and more of a slow shift.”

UC Berkeley’s Zoning Reform Tracker, last updated in November, provides an overview of municipal zoning reform efforts across the U.S., documenting 148 initiatives in 101 municipalities over a span of 17 years.

Other local governments have passed ordinances taking aim at single-family-only zoning in various ways, including Austin, Texas; the city of Alexandria and Arlington County in Virginia; Sacramento, California; and Portland, Oregon. Many have been challenged in court.

In Minneapolis, the 2040 plan, as the city’s long-term planning blueprint is known, was held up after its passage in 2019 by years of environmental lawsuits and back-and-forth rulings, delaying implementation.

Finally, state lawmakers in May passed a bill exempting comprehensive housing plans from environmental review, a measure aimed squarely at preserving the 2040 plan.

Even then, a county judge issued an injunction, forcing the city to halt parts of the plan and revise it.

Talking it out

Diana Drogaris, outreach coordinator for the National Zoning Atlas, a research organization that works to demystify zoning laws across the U.S., thinks city leaders are improving their communication with residents during public hearings and input sessions. However, she notes that leaders must balance transparency with managing valid fears of zoning changes.

“A zoning change is going to have an effect on the public. It will affect the store they go to, their commutes, what type of resources are available,” Drogaris said. “And I think community leaders are getting better at having these conversations.

“The public doesn’t need to know every nook and cranny of these outdated codes,” she said, “but enough to understand how that one zoning change is going to change how that land is being used in their community.”

Menendian argues that misconceptions on both sides — among housing advocates and concerned community members — fuel much of the anger. “There’s a lot of misnomers about zoning reform,” he said.

Homeowner groups also are expected to challenge a recent series of upzoning changes in Austin, approved at the end of 2023 and this spring. In 2022, a group of citizens successfully sued the city over a handful of ordinances designed to streamline housing development.

When a lawsuit is filed, work toward new housing developments may stop. California enacted a law in 2021 allowing property owners to split their lots and build two new homes in certain cities. In April, a Los Angeles judge ruled the law unconstitutional. In June, the state filed its notice of appeal.

Meanwhile, in Northern Virginia just outside the District of Columbia, the city of Alexandria and Arlington County, which also passed zoning changes last year, are facing their own legal challenges. The full impact of Alexandria’s zoning overhaul — even if it clears its legal challenges — may not do much to affect housing outcomes. According to the city manager’s estimates, allowing up to four units in zones that are currently limited to single-family dwellings would only create a net new 178 units over 10 years.

‘Absolutely … some sort of backlash’

This fall, both Montgomery County, Maryland, and Berkeley, California, will be considering upzoning proposals, following a summer filled with contentious public hearings.

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Fani-Gonzalez, the Montgomery County councilmember, said that modernizing the county’s zoning, in conjunction with other policies such as rent stabilization, will help keep residents in their homes while creating new housing to accommodate the growth associated with being just outside Washington, D.C.

“We need more housing, but we cannot get stuck with building cookie-cutter houses that only certain folks can actually afford,” said Fani-Gonzalez.

In California, the city of Berkeley’s proposal to end exclusionary zoning in its neighborhoods is part of a broader effort to undo its racist legacy. The Berkeley City Council took its first steps in examining that legacy by denouncing the racist history of single-family zoning in 2021, a largely ceremonial move that gained steam when the city council asked the city for a report on missing-middle housing.

The city’s latest upzoning plan was scaled back this summer after a five-hour public hearing.

Lori Droste, a Berkeley councilmember from 2014 to 2022, told Stateline that she had been advocating for major upzoning changes since 2016 but struggled to get the votes. What changed, she said, was linking the need for zoning changes to the national consciousness raised by 2020 protests around systemic racism and racial injustice.

“Zoning reform is going to take time. It’s probably going to take 20 years before anyone notices real changes. But if we don’t start now, the housing crisis will only get worse,” she said.

When asked by Stateline if she expects any legal action if the upzoning proposal is successful, Droste responded, “I imagine there will be. I’m not in the city attorney’s office, but absolutely there’s going to be some sort of backlash.”

Stateline is part of States Newsroom, a national nonprofit news organization focused on state policy.

Rent is eating up a greater share of tenants’ income in almost every state

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Tim Henderson | Stateline.org

There were 21 states where a majority of tenant households spent 30% or more of their incomes on rent and utilities last year, compared with just seven states in 2019.

Nationwide, about 22 million renters are shouldering that percentage. Anyone paying more than 30% is considered “cost burdened,” according to the U.S. Department of Housing and Urban Development, and may struggle to pay for other necessities, such as food, clothing, transportation and medical care.

Three presidential swing states had among the biggest increases in the share of renters who spent that much on housing: Arizona (to 54% from 46.5%), Nevada (to 57.4% from 51.1%) and Georgia (to 53.7% from 48.4%). The numbers are based on a Stateline analysis of American Community Survey data released today by the U.S. Census Bureau. Florida and Maine also saw large jumps.

In Arizona, low wages, a housing shortage, and short-term rental and vacation homes are eating away at the stock of affordable housing for renters, according to Alison Cook-Davis, associate director for research at Arizona State University’s Morrison Institute for Public Policy.

“You’ve got people across the state kind of pulling their hair out, saying ‘I thought Arizona was supposed to be the affordable state,’” Cook-Davis said.

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Rents in Arizona have shot up 40% to 60% in the last two years, she said. And the state’s eviction filings spiked 43% to 97,000 between 2022 and 2023, she said.

In places such as Arizona and Nevada where the housing bubble of the late 2000s left vacant houses, the construction of apartments and other homes has not caught up with population increases, Cook-Davis added.

A University of Nevada, Las Vegas, data brief reported in May that the Las Vegas area had the highest percentage of cost-burdened renters in the state, at 58.3%, more even than the New York City metro area (52.6%) or San Francisco metro area (48.9%).

Today’s newly released census figures showed that in addition to Arizona, Nevada and Georgia, the states with the highest jumps in the share of cost-burdened renters were Florida, which increased to 61.7% from 55.9%, and Maine, at 49.1% from 44%.

That jump left Florida as the state with the highest rate of cost-burdened renters. It was followed by Nevada (57.4%), Hawaii (56.7%), Louisiana (56.2%) and California (56.1%).

“Florida isn’t the deal it used to be,” said Christopher McCarty, director of the University of Florida’s Bureau of Economic and Business Research. “Florida still has disproportionately lower-paying jobs compared to other states, and rents are increasing compared to other states as well.”

The states with the lowest rates of cost-burdened renters as of 2023 were North Dakota (37%), Wyoming (41.2%), South Dakota (41.3%), Kansas (43.5%) and Nebraska (44%).

The share of cost-burdened renters increased since 2019 in every state except Vermont (down to 47.8% from 54%), Wyoming (down to 41.2% from 44%), North Dakota (down to 37% from 38%) and Rhode Island (down to 48.1% from 49%).

There’s hope for the future in Arizona and other states with increased home construction, Cook-Davis said.

“If you keep building, eventually this will sort itself out. But that could take years. It’s a slow process,” she said.

Stateline is part of States Newsroom, a national nonprofit news organization focused on state policy.

©2024 States Newsroom. Visit at stateline.org. Distributed by Tribune Content Agency, LLC.

Plane pull competition in South St. Paul on Saturday aims to raise critical funds for veterans

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A plane pulling competition on Saturday is intended to raise critical funds for Minnesota veterans and their families through competition and family-friendly activities.

The competition includes teams of four to six people who will compete in pulling a restored B-25 Mitchell Bomber, a well-known aircraft from World War II, at the Commemorative Air Force Minnesota Wing in South St. Paul. The event, organized by Project Got Your Back, begins at 10 a.m. and will feature food trucks, a live DJ and bounce houses for kids.

The fastest team will receive a grand prize and the team who raises the most money wins a ride in the B-25 Bomber. Each team has a fundraising goal of $1,000 and the event’s overall goal is $60,000.

Project Got Your Back is a nonprofit organization that works to support veterans and their families by providing services and resources that assist with veteran’s transition to civilian life. They organize initiatives like the plane pull to raise funds and awareness for veterans’ causes.

More information at www.projectgotyourback.org.

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Man shot behind St. Paul apartment building ‘was targeted and executed,’ murder charges say

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A 32-year-old man “was targeted and executed” when he was shot behind a St. Paul apartment building, according to murder charges filed Friday.

The charges in the death of Lul Dak Chak, of Ames, Iowa, don’t give a motive, but say surveillance video made it apparent that he was targeted.

Police tracked down one of the suspected shooters after officers saw a vehicle run a red light by the department’s Western District station, just after the shooting on Tuesday.

A Subaru Outback went through a red light on Hamline Avenue and officers in a marked squad near Hamline and St. Anthony avenues followed. They turned on the squad’s emergency lights and tried to pull it over, but the vehicle sped away and they lost sight of it after the pursuit was called off.

Officers were called at 12:20 a.m. about a shooting half a mile from where they initially saw the Subaru.

2 shooters in parking lot

Chak was face down in an apartment parking lot at University Avenue and Griggs Street in the Lexington-Hamline neighborhood. He’d been shot in his upper torso, neck and face, and St. Paul Fire Department medics pronounced him dead at the scene. There was a cellphone and a broken necklace by his body.

Police found 10 .40-caliber casings and nine 9mm casings in the parking lot around Chak’s body.

A woman who said Chak was her cousin reported they’d gone out bowling with a group for a birthday party before returning to the apartment building. She went outside to smoke and Chak came out the back of the building saying he was going to purchase some drugs, according to the criminal complaint.

The woman saw a Subaru in the parking lot, and a male exited the front passenger door “and immediately began shooting,” she reported. She said her cousin jumped in front of her to protect her.

Video surveillance from the parking lot showed Chak walked into the parking lot, and the front seat passenger and driver exited the Subaru at the same time. Both shot Chak and, after the initial shooting, the driver got within 1-2 feet of Chak and fired more rounds into his body. They got back into the Subaru and left.

Surveillance video showed the Subaru driving in the area for about 20 minutes before the shooting, and it moved to various locations in the parking lot.

Vehicle found

The officers who had tried to pull a Subaru over realized it was possibly involved in the shooting. Investigators identified the owner as a woman who lives in Minneapolis, and they found the vehicle parked in her apartment building’s secured underground garage. Surveillance video showed a man got into the Subaru in the garage at 8:37 p.m. Monday and the vehicle returned on a tow truck at 2:45 a.m. Tuesday.

The tow truck company said a man called to have it towed from the University of Minnesota campus early Tuesday. Surveillance video showed the Subaru stopped mid-block and two people emerged.

On Wednesday, police took the Subaru’s owner into custody. She said only she and her boyfriend, Kueth Chuol Ngut, 22, drive the vehicle.

Ngut told his girlfriend he couldn’t find the vehicle when he left his brother’s place, but walked around a couple of blocks and located it. It wasn’t working, so he had it towed, he told her. He also “said something to her about the license plate falling off,” according to the complaint.

Police showed the woman surveillance video from where the vehicle was towed and it showed the Subaru’s front license plate was still attached, “which meant Ngut had lied to her about the missing plates,” the complaint said.

Past convictions

Investigators told her they’d found a gun in her apartment, where Ngut also lived. She said she’d never seen him with a gun. “Investigators reminded (the woman) that she said she met Ngut when he was in prison on other gun charges,” according to the complaint.

Officers found a 9mm handgun in the apartment and a headstamp matched a casing found at the murder scene.

After Ngut’s arrest, investigators tried to interview him, but he was “confrontational and dismissive,” the complaint said. He wouldn’t comply with a search warrant to collect a DNA sample.

The Ramsey County Attorney’s Office charged Ngut with two counts of aiding and abetting murder. Police have only announced Ngut’s arrest and said they continue to investigate.

Prosecutors are asking that Ngut be held without bail until he complies with the search warrant and provides a DNA sample.

Ngut has past convictions for first-degree aggravated robbery and possession of a firearm without a serial number.

An attorney for Ngut wasn’t immediately listed in the court file.

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