A thread on Jennifer Hernandez's latest impassioned screed against CA climate policy and the racially disparate burdens of its effect on energy & housing costs. (Preview: she makes a few great points, goes off rails on others.) 1/14
Best points:

1) Since climate change results from *global* emissions, its dumb for CA climate policy to prioritize emission reductions *within the state.*
We should focus instead on developing low-cost, low-GHG tech & living patterns for replication beyond our borders. 2/n Image
2) CA's "affordable housing policy" of subsidizing a handful of very-high-cost multifamily buildings and allocating units by lottery deserves the scare quotes.
A serious affordable housing policy would take construction costs seriously. 3/n ImageImage
3) It's both grossly unfair and bad climate policy for CA to put burden of VMT reductions on new homes while doing nothing about high VMT by existing homeowners. 4/n Image
4) Any policy that raises cost of basic necessities (housing, energy, food) is going to be burdensome for poor people, and in the U.S., that also means a racially disproportionate burden. Climate policymakers should be thinking about how to mitigate this burden. 5/n
Alongside the very good points above, there's a lot in this essay that's dubious or worse.... 6/n
First, Hernandez says zoning for high-density bldgs near transit is "racist" if the communities are predominantly minority. Yet doing so increases wealth of minorities who own homes in the communities, & virtually all studies find that new...
7/n ImageImage
... apartment buildings reduce rents of existing units nearby. And, w/in regions, new market-rate units rapidly free up more affordable units across the region. 8/n

lewis.ucla.edu/research/marke…

papers.ssrn.com/sol3/papers.cf…
So while CA should *also* upzone wealthy white neighborhoods, a policy of upzoning areas near transit (even if predominantly minority) is not "racist" in intent or effect. 9/n
2d big problem with Hernandez's essay is a dangerous nostalgia.

The fact that leveraged investments in SFHs were great for building family wealth *while the supply of housing was being curtailed* tells us nothing about whether that investment strategy is prudent today. 10/n Image
If CA follows Hernandez's prescriptions & liberalizes the supply of low-cost homes (such that prices gradually revert to cost of construction), those who use their savings for down payments in the meanwhile will destroy their family wealth, not build it. 11/n
Nostalgia also colors the analysis when Hernandez pines for union jobs in the fossil-fuel sector and pisses on universalist income-support policies. 12/n ImageImageImage
An income-redistribution policy that relies on unions in a small monopolistic sector of the economy to redistribute income is close kin to a housing policy that relies on lotteries to distribute a handful of affordable units. Most of the working class gets shut out. 13/n
Nostalgia is a powerful emotion, but it's no better as a guide for CA housing & climate policy than it was for Trump climate and housing policy. (But don't lose sight of Hernandez's good points, too.) 14/end

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More from @CSElmendorf

14 Sep
Major decision from Court of Appeal interpreting California's Housing Accountability Act. Read @carla_org's thread below for highlights, or continue with this one if you want the legal nitty gritty. /1
Context: California is one of two states that nominally prevent local govts from rejecting or downsizing housing development projects on the basis of "subjective" standards. (The other is Oregon.) /2
This limitation has been on the books in CA since 1999, but there was no caselaw applying it, perhaps b/c developers feared that if they sued a city, the city would screw them on their next project. /3
Read 24 tweets
2 Jul
LA's draft housing element just dropped. It's an exemplar, a huge deal not only for LA but for cities across California.

LA is the first city to realistically assess development potential under current zoning, and the results are stunning. 1/18

planning.lacity.org/plans-policies…
As I've explained many times before, cities' assessment of capacity traditionally assumed that every site with near-term development potential *will* be developed during planning period: P(dev) = 1. This assumption is patently false. 2/n
I and co-authors argued in this paper that recent changes to state law empower @California_HCD to require cities to discount site capacity by a rough estimate of the site's likelihood of development during planning period. 3/n

ecologylawquarterly.org/print/making-i…

Read 20 tweets
1 Jul
⬇️ Good thread on Supreme Court's decision in the VRA case.

My question: why "death by thousand cuts," not sledgehammer?

My answer: Alito and Kagan are writing for Congress. The old Roberts-Stevens-Kennedy coalition from Crawford is gone, w/ no successor in sight. 1/9
There's now no sense that any Republican on the Court can trust, compromise with, or even respect a Democratic justice in voting rights cases, or vice versa. 2/9
Kagan calls Alito's opinion for the Court lawless. 3/9
Read 9 tweets
30 Jun
@California_HCD has finalized its emergency "Prohousing Designation Regulation" and is now accepting applications. All the goods are here:
hcd.ca.gov/community-deve…

1/n
Little changed between the draft and final regs. Here's my breakdown of the draft regs. 2/n

. .
Under state APA procedure for emergency regs, HCD must accept comment for another 45 days, then has 1 year to promulgate the final, non-emergency version of the regs. 3/n
Read 10 tweets
29 Jun
Is John Roberts channeling his inner Bob Ellickson?

A thread on the Cedar Point Nursery takings case, w/ implications for urban land use and rent control laws.

1/n

supremecourt.gov/opinions/20pdf…
Supreme Court per Roberts held that California farm-labor law, which gives union organizers a right of access to private farms, effects an unconstitutional taking of farmer's property right to exclude others. 2/n
Answering the parade of horribles--doesn't his theory invalidate all manner of health / safety inspection laws & antidiscrimination laws, unless gov't pays compensation for infringing "right to exclude"--Roberts intimates that those are different b/c owner consents. 3/n
Read 23 tweets
9 Jun
@California_HCD's draft Prohousing Policy regs are out for public comment!

They're emergency regs, so comment period is very short. If you have feedback, send it in NOW.

This thread provides a quick summary. /1

hcd.ca.gov/community-deve…
The regs establish criteria for cities to receive a "prohousing" designation. Cities that earn the designation get bonus points for other grants. /2
(And if AB 215 passes, cities that are poor performers over 1st half of planning cycle will lose their housing element certification unless they apply for & receive the "prohousing" designation.) /3
Read 15 tweets

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