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11 Dec, 5 tweets, 1 min read
This ⬇️ may be a jest, but putting cities that flaunt state housing law into some form of receivership may be necessary.
Consider Voting Rights Act of 1965, which authorized U.S. Attorney General to appoint federal examiners & register qualified voters in Jim Crow South.
1/5
California could create a similar cadre of state "examiners" to entitle housing projects in bad-actor cities. Instead of navigating the city's labyrinth & then the courts, developer would have option to go straight to state examiner...
2/5
and, upon showing that their project meets the city's applicable objective standards, get building permits from the state. 3/5
This would incentivize cities to make their entitlement process smooth & supportive of housing, in order to induce developers to use the municipal entitlement pathway -- thru which city may shape the project -- rather than the state pathway. 4/5
For more on the parallels between the housing problem today and Jim Crow / VRA, see this paper. 5/end

papers.ssrn.com/sol3/papers.cf…

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More from @CSElmendorf

Chris Elmendorf Profile picture
13 Dec
Everyone freaked out by @DLeonhardt's terrifying synopsis of the antidemocratic movement must read @Nedfoley's brilliant new paper making case for round-robin primary elections.

I can't think of a more timely & important law review article. Ever. 1/n

papers.ssrn.com/sol3/papers.cf… ImageImage
The most hopeful statistic in @DLeonhardt's column is that "only" 60% of Republicans tell pollsters they believe Biden stole his win. Given probs. of acquiescence bias & symbolic response, real share of Repubs who believe this is no doubt much smaller. 2/n
In short, there's still a supermajority within the U.S. electorate that believes in democracy. The problem is how to ensure that this supermajority can defeat anti-democratic candidates. 3/n
Read 14 tweets
Chris Elmendorf Profile picture
13 Dec
Here are eight questions I'd like San Francisco's Bd of Supervisors to ask before tomorrow night's vote to "paper" the denials of 469 Stevenson & 450-474 O'Farrell projects (~800 homes).
Bd is skating on thin legal ice. It will fall through if there aren't good answers. 1/n
Question No. 1: "Did city provide developer of either project w/ written notice of any general plan or zoning standards the project allegedly violates, & was this notice provided w/in 60 days of date on which project application was determined or deemed complete?" 2/n
State law (HAA) says city may not deny or reduce density of project on basis of zoning / general plan standards unless city provides this timely written notice. Gov't Code 65589.5(j)(2). 3/n Image
Read 25 tweets
Chris Elmendorf Profile picture
12 Dec
Just read this terrific paper ⬇️. It's another strong finding on how structure of city gov't -- in this case, separation of powers b/t mayor and city council w.r.t. land use -- affects policy outcomes. 1/4
Most interesting finding in my book is that Dem wins in close mayoral elections have a much larger (positive) effect on number of multifamily housing units permitted over next 2-3 years than on number of MFH projects. 2/4 Image
This is consistent w/ city execs having lots of discretion over project size (variances, CUPs, PUDs, density bonuses), but little discretion over share of city's developable land where multifamily housing is allowed. (The latter is usually set legislatively, through zoning.) 3/4
Read 4 tweets
Chris Elmendorf Profile picture
11 Dec
San Francisco has posted its doozy of a draft response to warning letter from @GavinNewsom's new housing accountability team.
(Is city's mission to bridge the partisan divide by proving itself a laughingstock to @nytimes & Fox News alike?)
1/n
sfgov.legistar.com/View.ashx?M=A&…
Context: state called out Board of Supes for voting down two large infill housing projects (800+ homes), in apparent violation of state's Housing Accountability Act. 2/n
drive.google.com/file/d/12XIn5y…
State then asked city to provide "written findings" explaining city's "reasoning and evidence," in light of state law. 3/n
Read 24 tweets
Chris Elmendorf Profile picture
9 Dec
Hey all you CEQA lawyers out there: Is long-game of Eberling's seismic-safety argument an effort to blow up CEQA-Guidelines presumption that building permits are ministerial and thus exempt from CEQA review? /1 Image
I know the presumption's rebuttable, but it's my understanding that SF (and probably most other cities) has treated building-safety issues covered by codes as "ministerial enough" to be excluded from CEQA analysis. /2
If Eberling challenges this practice and wins, it's going to be a nightmare for housing development. Projects would have to go through CEQA review (& appeals, & litigation) twice over: first for entitlement, and again for building permits. /3
Read 5 tweets
Chris Elmendorf Profile picture
8 Dec
I missed this earlier doubling down by Elberling & Co on 469 Stevenson. It's even more balls-out than the 48hills piece I tweeted about this morning. Not even a mention of "CEQA" or "environment" or "safety," the pretextual grounds for denial. 1/
Instead, it's basically a dare to @California_HCD & @AGRobBonta: Will you really crack down on SF if we spout the right words about affordability & gentrification while blocking the new housing we dislike? 2/
He also trades on one of the original sins of California's RHNA / planning-for-housing framework: the state's failure to give cities "partial credit" for indirect effect of new market rate housing on the regionwide availability of relatively affordable homes. 3/
Read 8 tweets

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