Piano Tuner Defeats Casino Agency — But Why?

Here’s some good news: in New Jersey, the government can’t take your land for a public purpose unless it has, actually, um, specified a public purpose. That’s good. But here’s the bad news: in Atlantic City, a state agency called the Casino Reinvestment Development Authority has spent the past five years trying to do precisely that, to a local couple. Specifically, the agency tried to leverage the state’s power of eminent domain to take away Charles and Linda Birnbaum’s three-story building and “bank” it for an unspecified future use.

Here’s some human context about the decision, from Amy Rosenberg at the Philadelphia Inquirer:

Birnbaum retained the right to keep the home his parents, who were Holocaust survivors, bought in 1969, because the state’s Casino Reinvestment Development Authority could not provide assurance that its plans for the property and surrounding area “would proceed in the reasonably foreseeable future,” the court ruled…. Birnbaum’s mother, Dora, lived in the house on Oriental Avenue until 1998, when she was killed during a home invasion. Birnbaum, who lives in Hammonton with his wife, rents out the upper floors and uses the first floor for his piano-tuning business.

Your tax dollars at work, New Jersey. It’s good that the court said no. But maybe this case is a signal that it’s time for the state to stop acting as a legal henchman for casino developers. Casino gambling has failed to bring back Atlantic City, after more than four decades. It has, however, destroyed much of what once remained of the traditional seaside urbanism of America’s prime Victorian-era beach resort. And it has resulted in perverse scenarios like the one at the center of this lawsuit.

Remembering the Singer Building

My latest piece at TAC‘s New Urbs looks at New York’s lost Singer Building, which once stood at Broadway and Liberty Street in what’s now called the Financial District (but was once known simply as Downtown New York).

Seen above, a mural in the Liberty Tower, at Liberty and Nassau Streets, shows how the Singer Building might have appeared during its early days. The painting was commissioned by one of the great architects of recent restorations, Joseph Pell Lombardi.

Minneapolis 2040: Have the YIMBYs Already Won?

Two historic houses in Minneapolis. Photo: McGhiever via Wikimedia Commons

Time to note a major victory: the City of Minneapolis is on board with YIMBYism in a serious, substantial way. Minneapolis has become the first major U.S. city to adopt a comprehensive plan that eliminates single-family-only zoning districts. And, although its amended zoning still caps out development of many parcels at just three units, it will still (in broad theoretical terms) allow builders to triple the number of housing units within those neighborhoods. That’s impressive. And since housing markets are more regional than municipal, and Minneapolis is the largest city in its region, I predict this legislation (presuming it passes the remaining hurdles) will have a salutary effect on housing affordability throughout the Twin Cities, for years to come. This really is great news.

In a related story, the Oregon Legislature may soon consider a Democratic bill to eliminate single-family-only zoning districts in cities with a population of 10,000 or more. The fact that the lead sponsor is the House Speaker indicates the degree of acceptance that our kind of zoning analysis has attained, politically, in a very short time. Of course, there is pushback, as there always is in politics. But once it comes into focus, the picture is pretty clear, and economy, equity, and the environment all call for one basic solution: expanding the latitude of property owners to build more housing in response to the need for … more housing. People see the need to stop protecting a calcified status quo that is working for fewer and fewer people.

When I first started writing here about exclusionary zoning laws and their distortion of housing prices (way back in 2010, when I was a law student at Rutgers) it remained a very arcane issue. The basic nexus between restrictive land use policies and declining affordability had been well documented in New Jersey case law through the Mount Laurel decisions of the 1970s and 80s. But outside the local community of housing activists, the slow crisis of an artificial, regulatory shortage of housing units in growing metropolitan regions was hardly on anyone’s radar. Today, housing activists on both right and left accept this common-sense analysis: zoning laws that limit development of new units play a major part in the lack of housing affordability in growing cities.

I got into this issue because I saw people being displaced from their long-term neighborhoods across the New York & New Jersey region in the late 1990s and early 2000s — and nobody with a voice seemed to be noticing. Since then, the soaring cost of housing options in metropolitan America has become, perhaps, the most glossed-over factor among the myriad economic challenges facing Millennials. Now, finally, we are making some real progress, and although we’re not there yet, I am more optimistic than ever.

Cheers to everyone who is out there working on the front lines.

Alberti: Building on the Wisdom of the Ancient World

My latest piece at TAC‘s New Urbs looks at Leon Battista Alberti’s 1452 treatise, De re aedificatoria, and how it served as a vessel for planning concepts between the ancient and modern worlds. Significantly, Alberti’s text, which drew heavily on Vitruvius, was not primarily about urban planning:

De re aedificatoria is primarily a book on architecture. (And it is worth recalling that comprehensive urban planning, as a distinct pursuit, rather than a challenge at the intersection of the traditional social arts, is historically a late development.) But Alberti’s decision to build on the work of Vitruvius, combined with his context of architectural instruction in an overall framework of urban viability, mean that his text still speaks to several important aspects of urban planning. Today, as builders in the developing world face the greatest wave of urbanization in world history— and as cities in the developed world struggle to make space for continued growth—Alberti’s work remains a guidebook for those who value the traditions of both classical and post-Renaissance European architecture. It is worth remembering that such architecture was not usually built in a vacuum, but, instead, in communication with an urban environment.

In addition to his writings, Alberti was a practicing architect. Among other projects, he is credited with having conceptualized the Piazza Pio II in the Tuscan town of Pienza (above, Street View). The entire article can be found here. Enjoy!

More SROs, Shared Housing in Urban America

The Marlton Hotel in New York City.

The Times has a story about how cities are taking a new look at shared housing situations in light of the increasing cost of individual units in many places. Single-room occupancies and variations on the SRO model get some positive attention.

I lived in an SRO in New York (above) when I was a freshman at the New School. Apart from the fact that the rooms were incredibly small, it was a good living arrangement. In our case, the building was almost entirely occupied by private college students, which may or may not have been a good thing. (However, there was one old man whose long-term tenancy could not be terminated and who was reputed to have been, um, a procurer, in his productive years.)

Today, the same building has been converted to a luxury hotel, trading on its history as place where famous people lived while they were still striving. (I apparently missed being neighbors with Lillian Gish by a mere 85 years.) The renovation is beautiful, and the building is much better appointed today than it ever was when it housed workers, or artists, or students. But where could those kinds of people, on their own dime, sleep in Manhattan tonight?

All this is to say that such arrangements can be fine, and can even have salutary effects for civilization when they create spaces in our great cities for those who arrive with more dreams and talent than riches. There are bad rooming houses, too, of course. So it’s case by case. But as a matter of equity, the need for efficiency accommodations that are genuinely affordable for working people and young people is not being met. SROs and other sharing arrangements can work in that space, and permitting a lot more of them could be part of the solution.

Missing the Point?

This is what affordable housing once looked like.

Incredibly, Bryce Covert, in a long article at The Nation about the supposed roots of America’s affordable-housing crisis, manages to go on for nearly 5,000 words about the history of American affordability programs and initiatives — while offering only one, almost offhand mention of zoning. And while the focus of the piece is the situation in Los Angeles, migration patterns to Southern California — a huge part of the story there, from post-war internal migration to more recent immigration –don’t even get a passing nod.

The ebb and flow of public monies for housing construction certainly makes for an interesting angle about the changing political philosophies of the United States over the past century. And, to be sure, large-scale federal housing initiatives backed by the power of eminent domain created a lot of new, often spacious units during the post-war period. But that the story of such initiatives, and their decline or disappearance, provides a satisfactory explanation for the current housing crisis is not accurate.

The private housing market has always provided the overwhelming majority of housing units in the United States. (For decades, it has also been heavily subsidized by taxpayers through the mortgage-interest deduction, as well as other elements of federal, state, and local tax policy — but that’s a separate issue.) And until fairly recently, the private housing market has produced sufficient housing to meet demand. What has changed is that, as population has grown, and the remaining land within commuting distance of major cities has dwindled, markets have collided with local zoning policies that prevent new construction. This has chronically limited the number of units, placing a premium on each and every one. Without new units, subsidies to individual households will only push rents even higher.

The argument that poor people cannot afford the carrying costs of new construction is also missing the point. When land prices are not artificially inflated by a policy-imposed scarcity, middle-class and wealthy households, by and large, can afford the carrying charges for new units. Cheaper units then “filter” into the market in older buildings, whose construction costs have been paid off; a knock on effect is that these cheaper units in older buildings, when they exist, can provide a counterweight to forces that might encourage an upward spiral toward exorbitant prices for newer units.

This entire dynamic, which works relatively well in a mixed market, has been distorted by a chronic, artificial shortage of housing units because of restrictive zoning laws. As an aside, some of the public monies now being used to support marginally effective (drop in the bucket) programs could potentially support infrastructure projects, instead, if private development were freed to meet a more meaningful proportion of the current pent-up housing demand.

After Burnham: A Classical Plan for Chicago

Chicago 2109 aerial view.

Image: Philip Bess/Notre Dame School of Architecture.

Philip Bess, a professor at the University of Notre Dame’s excellent School of Architecture, is directing a fascinating project called After Burnham: The Notre Dame Plan of Chicago 2109. Building on principles of classical architecture, the plan envisions the future growth of Chicago over the next century in a more holistic pattern, drawing on the traditions and philosophy of Western urbanism in past eras, and using them to shape a modern city. Bess writes:

Modernity brings with it certain genuine human goods, and the successes of modernity can be measured in part by dramatic increases in human mobility, life span, and per capita income wherever modern institutions have established themselves. But these successes come at a price. Powerful accounts abound of the human suffering entailed in the transformation of traditional societies into modern societies; and the modern view of nature as raw material for human purposes has resulted in both the potential and the reality of environmental catastrophes at unprecedented scale (often with harshest impact upon the poor) and has created wholly modern eco-discontents. Last but not least, serious questions about the cultural sustainability of modernity arise in light of the individualist / therapeutic / consumerist character-type that modern societies seem to mass-produce.

A long western intellectual tradition dating from Aristotle views cities, character virtue, and human flourishing as intimately and reciprocally related. If true —and we think it is— this should give thoughtful people pause. Ours is a time of exploding urbanization in the modernizing societies of Asia, Africa and South America, and the aftermath of nearly seventy years of American suburbanization. Both of these phenomena represent distinctively modern forms of human settlement, but neither is typically evaluated holistically with respect to the relationship of urban formal order to environmentally and culturally sustainable human wellbeing.

See After Burnham for yourself. It’s a beautiful and fascinating proposal.