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U.S. Department of Housing and Urban Development 

Office of Policy Development and Research 



A Resource Quide 










ir 


U.S. Department of Housing and Urban Development 

Office of Policy Development and Research 


Requlatory 

Barriers 

TO AFFORDABLE HOUSINQ 










Table of Contents 

Page 

Introduction . v 

Section 1. Fees . 1 

Section 2. Qrowth and Qrowth Control Policies . 3 

Section 3 . Environmental Regulation . 11 

Section 4- Special Issues . 15 

Section 5. Promising Alternatives . 19 

Section 6. Resource Organizations . 27 

Order Form . 29 











Introduction 


T he impact of regulatory barriers on housing affordability has been a 

concern among housing professionals in recent years. Regulatory barri¬ 
ers are the burdensome, often duplicative Federal, State, and local reg¬ 
ulations that unnecessarily inflate the costs of construction and reha¬ 
bilitation, and ultimately exclude many Americans from homeownership and rental 
housing opportunities. Those who have studied the issue believe that housing can 
be made more affordable by reforming excessive regulations, thereby lessening 
development and construction costs and thus the price to consumers. 

In March 1990 HUD Secretary Jack Kemp established an Advisory Commission on 
Regulatory Barriers to Affordable Housing. The 22-member Commission included 
public policy experts, builders, low-income housing advocates, and elected and 
appointed officials. The Commission held hearings across the country to review, 
among other things, zoning, impact fees, subdivision ordinances, codes and stan¬ 
dards, rent control, permitting and processing, and Federal, State, and local envi¬ 
ronmental regulations. Their conclusions are contained in a final report, “Not In 
My Back Yard": Removing Barriers to Affordable Housing, which was issued in July 
1991. The report advises Secretary Kemp on the nature and impact of Federal, 
State, and local regulations that govern construction, rehabilitation, and manage¬ 
ment of single- and multifamily housing and makes recommendations as to possible 
Federal, State, and local actions that can be taken to eliminate rr modify excessive 
or unnecessary regulations that increase the cost of housing. 

This Resource Guide includes selections from materials reviewed by the Advisory 
Commission, several of which are available from HUD USER. Transcripts of the 
meetings and hearings held by the Commission are also available from HUD 
USER. For selected items in the Resource Guide, summaries are provided to afford 
the reader a glimpse of the subject matter within each section. Bibliographic and 
availability information (as applicable) are provided for each item. 


The Resource Guide is organized into six sections. Brief section descriptions are 
as follows: 

Section 1. Fees —outlines the effects of development and impact fees, develop¬ 
ment exactions, and linkages. 

Section 2. Qrowth and Qrowth Control Policies —examines the effects of 
unregulated growth in suburban areas and the view that affordable housing deficits 
are not caused by unregulated growth, but by government regulation of growth, 
such as inclusionary and exclusionary zoning and subdivision controls. 

Section 3. Environmental Regulation —covers protection of wetlands and other 
environmental features and its effect on housing costs. 

Section 4. Special Issues —reviews materials dealing with rehabilitation, acces¬ 
sory apartments, and the impact of rent control on affordable housing. 

Section 5. Promising Alternatives —discusses how reforming local regulations, 
such as zoning ordinances and construction review procedures, may promote afford¬ 
able housing development. This section also includes case studies that offer a vari¬ 
ety of proven approaches to increasing the supply of affordable housing, including 
the Joint Venture for Affordable Housing (JVAH) demonstrations. 

6. Resource Organizations —facilitates information sharing among 
advocates, developers, planners, and State and local government officials. 

This Guide does not contain an exhaustive listing of publications on the subject of 
regulatory barriers to affordable housing. Rather, its purpose is to present samples 
taken from the subject literature and other resources in the hope that readers will 
find it useful in researching barriers and implementing solutions to their affordable 



SECTION 1 

Fees 


Development Impact Fees: 
Policy Rationale, Practice, 
Theory, and Issues 

Nelson, Arthur C. 

1988, 398pp. 

Available for $28.95 from the American 

Planning Association Bookstore, 1313 E. 60th 
Street, Chicago, IL 60637, 

(312) 955-91 CM). 

This comprehensive discussion of devel¬ 
opment impact fees and related issues 
addresses policy rationale, practice, and 
theory. Impact fees are defined as single 
payments required to be made by builders 
or developers at the time of development 
approval and calculated to be the propor¬ 
tionate share of the capital costs of pro¬ 
viding major facilities (arterial roads, 
interceptor sewers, sewage treatment 
plants, regional parks, etc.) to that devel¬ 
opment. Chapters pertaining to the poli¬ 
cy rationale fat such fees cover patterns 


ot impact fee use, current practice bf 
local governments in the Southeast in 
the use of water and sev 
community approaches to i 
and the use of developn 
Ontario, Canada. 


Two chapters discuss the attitudes of 
public officials and developers toward 
impact fees. Three chapters address legal 
issues in the policy and implementation 


of development impact fees. Other 
major sections of the book cover model 
enabling acts and ordinances, the calcu¬ 
lation of development impact fees, link¬ 
age fees, issues associated with impact 
fees, and the implementation and admin¬ 
istration of impact fees. Fifty-four tables, 
twenty-one figures, and a subject index 
are provided. 


Private Supply of Public 
Services 


Afterman, Rachelle (ed.) 

1986, 273pp. 

Available for $55 (or $28 in paperback) 
from the New York University Press, 
136 S. Broadway, Irvington, NY 10533, 

( 212 ) am- asrs. 



opment pactions i _ p u ^ ic 






In considering the context and concepts 
for evaluating exactions, one paper con¬ 
cludes that a proper evaluation of exac¬ 
tions requires an examination of their 
legal, political, social, and economic 



Tunu^vut;* i> i' »eil an international 
company n . t the division of labor be- 
iwetri the public and private meters. 
Papers about exaction evaluation address 
public finance, legal issues in capital fa¬ 
cilities funding, the emerging exactions 
law of New York State, the implications 
of exactions for social justice, and the 
politics of exactions. 

Papers pertinent to the exactions plan¬ 
ning and design process consider the use 
of exactions in managing growth and the 
design of proportionate-share impact 
fees. Two papers address developers per¬ 
spectives on impact fees and housing 
linkage programs. 

Overseas comparisons consider the 
financing of public facilities in Great 
Britain, France, and Israel. Papers on 
alternatives and variations discuss the 
reframing of the rationale for downtown 
linkage programs, the negotiation of 
exactions through development agree¬ 
ments, exactions through annexation 


agreements, and land readjustment a* m 
alternative to development exactions. 
Chapter references and a subject index 
are provided. 


Other Resources 

Frank, James E. and Robert M. Rhodes 

(eds.), Development Exactions* 1987, 202pp. 

Available for $29.95 for $26.95 for members) 
from the American Planning Association 
Bookstore, 1313 E. 60th Street, Chicago, IL 

60637, (312) 955-0100. 

Smith, R. Martin, “From Subdivision Improv¬ 
ement Requirements to Community Benefit 
Assessments and Linkage Payments: A Brief 
History of Land Development Exactions,” Law 

ami Contemporary Problems , Vol. 50, No. 1, 

Winter 1987, pp. 5-30. 

Snyder, Thomas P. and Michael A. Stegman. 
Paying for Growth: Using Development Fees 
To Finance infrastructure* Urban Land Insti¬ 
tute, Washington, IX), 1986,133pp. Available 
for $47 (or $38 for members) Iran the Urban 
Land Institute, 625 Indiana Avenue NW. f 
Washington, DC 20004, (202) 624-7000. 





SECTION 2 

Qrowth and Qrowth 
Control Policies 


“Local Land Use Controls: 
An Idea Whose Time Has 
Passed” 

Maine Law Review 

De logiL Orlando E. 

1984, Vo!. 36, No. 261,49pp. 

This article argues that local land-use 
controls, as currently used, have outlived 
their usefulness. Local land-use control 
powers are being abused at worst and are 
too restrictively used at best, leaving 
areawide problems unresolved. Reform 
has been ineffective; local governments 
should be stripped of all power to enact 
any land-use control ordinances. In lieu 
of these ordinances, a range of private, 
market-oriented supply-demand factors, 
along with private control mechanisms 
(covenants, easements, deed restric¬ 
tions), should be allowed to shape devel¬ 
opment activity. These would be coupled 
with an expanded array of State perfor¬ 
mance standards and State or regional 
development-review processes. 

State governments mav desire to identify 
and protect fragile land areas, prime 


farmland, and historically or physically 
unique areas or structures. The local role 
in determining land use should be limit¬ 
ed to include only providing informa¬ 
tion, raising questions, and monitoring 
compliance with development approvals 
granted by higher governmental bodies. 
A total of 137 footnotes is listed. 

“Reflections on Euclid : 
Social Contract and 
Private Purpose” 

Zoning and the American Dream 

Haar, Charles M. 

1989, 21pp. 

Available for $39.95 (or $36.95 for members) 
from the American Planning Association 
Bookstore, 1313 E. 60th Street, Chicago, IL 
60637, (312) 955-9100. 

This analysis of the assumptions underly¬ 
ing the U.S. Supreme Court’s decision in 
Village of Euclid v. Ambler Realty Co. 
(1926), which upheld the constitutional¬ 
ity of local zoning ordinances, concludes 
that Euclids assumptions are no longer 





applicable i *r relevant t»» modem urban 
development patfem^. Euclidian assump¬ 
tions do net encompa** the growing so¬ 
phistication of planning methodology’ 
associated with the new social and spatial 
forms of the posnndustnal society. Nei¬ 
ther do they address the complexity’ of 
urban land-use problems stemming from 
a private market system. Other factors 
undermining Euclidian assumptions are 
the decline of savings and loan associa¬ 
tions as the source of capital for housing 
development and the ascendancy of new 
types of national developers and innova¬ 
tors in the field of capital formation. 

These hallmarks of the modem city 
make traditional zoning, universally 
adopted after 1926 as the model for 
regulatory land control, subject to ques¬ 
tion and debate—if not to repeal. The 
best evidence of the inadequacy of tradi¬ 
tional zoning is the emergence of numer¬ 
ous non-Eudidian devices within the 
framework erf the ordinary zoning ordi¬ 
nance. The devices allow for greater 
freedom within an area by introducing a 
range erf heterogeneous uses or by phas¬ 
ing growth when the private market indi¬ 
cates the time is ripe. Suggestions are 
offered for devising new structures for 
land~use control more appropriate to 
modern urban development patterns. 
Stay notes are listed. 


Expectations and 
Opportunities: Growth 
Management in the Late 
Eighties 

Sinclair, Susan M. 

1988, 40pp. 

Available for $15 from the National 
Governors’ Association, 444 N. Capitol Street 
NW. f Suite 250, Washington, DC 20001, 

(202) 624-5300. 

This report discusses the characteristics 
of State involvement in growth manage¬ 
ment since the 1970s and examines re¬ 
cent initiatives in Florida, Georgia, 
Maine, New Jersey, Rhode Island, and 
Vermont. Although these States have 
diverse characteristics, they have all ex¬ 
perienced the shock of unprecedented 
population growth due to proximity to a 
metropolitan center or attractiveness as a 
recreation and retirement area. The 
growth in these States exceeded the 
capacity of the existing land-use control 
systems, and the States needed new strat¬ 
egies for managing growth that would 
enable them to maintain their economic 
health while preserving their quality of 
life. 

The six States adopted programs that 
share the following key characteristics: 


4 




land-use regulation, infrastructure 
^pending, and economic development 
strategies at all governmental levels. 

■ Programs are applied statewide and to 
all types of development. 

■ Planning at each governmental level 
must comply with State goals and 
must he integrated with planning at 
other levels. 

■ Planning must also be integrated with 
the implementation process. 

■ States are committing significant 
resources to planning and to the 
development and support of the 
local planning process. 

Fifty-one notes are listed. 

Trouble in Paradise: The 
Suburban Transformation 
in America 

Baidassare, M. 

1986,251pp. 

Available for $29.50 (or $15.50 in paperback) 
ir c~ Cc umbia University Press. 136 S. 
3'cadway, I'v ngton, NY 10533, (914) 

591-9111. 

This book reviews sociological theories 
regarding suburban communities, trans¬ 
lates these theories into testable hypoth¬ 
eses, and then tests them empirically to 


develop a contemporary profile of subur¬ 
bia and its residents. Sources of informa¬ 
tion include published reports from the 
U.S. Census, other government publica¬ 
tions, and scholarly papers. The primary 
source of information, however, is the 
Orange County Annual Survey, (Cali¬ 
fornia), a study of a major suburban 
community in California. The survey 
contains interviews with more than 
1,000 randomly selected residents during 
1982 and 1983. Among other things, 
they were asked about housing, trans¬ 
portation, government services, and the 
quality of life. 

Six challenges facing suburbia are dis¬ 
cussed. One is the suburban housing cri¬ 
sis caused by the demand for land in a 
rapidly growing and industrializing subur¬ 
bia, which has driven up housing costs. 

A second challenge is the growth contro¬ 
versy, fueled by growth itself and the 
changing landscape of suburbia. Trust in 
local government is a third challenge, as 
fragmented suburban governments 
without central authority hinder strategic 
planning and nurture a lack of confi¬ 
dence. Other challenges are the tax 
revolt and fiscal strain, the need for ser¬ 
vices, and increasing social diversity. A 
total of 207 references, the survey ques¬ 
tionnaire, tabular data, and a subject 
index are provided. 





Financing Growth: 

Who Benefits? Who Pays? 
And How Much? 

Robinson, Susan G. (ed) 

1960,213pp. 

Available fcr $30 (or $25 for members) from 
t» Government Finaroe Research Center, 
ISO N, yidiigan Avail®, Suite 800, Chicago, 
1L 60601, {312) 977-9700. 

This hook, basal on papers presented at a 
national conference on the financing of 
community growth in Orlando, Florida, 
March 1989, addresses methods for fund' 
mg the infrastructure and government 
services that accompany growth. Topics 
include: 

■ The financial challenges of develop¬ 
ment and ideas for addressing them. 

■ Florida’s approach to financial man¬ 
agement in a growth situation, includ¬ 
ing a State plan and regional policy 
plans that link the State plan to local 
plans. 

B Techniques and programs for increas¬ 
ing the supply of affr riarle housing 
and maintaining exi-tina units. 

■ Effons to address traffic congestion in 
metropolitan area). 

■ Current literature on the scope, proce- 
dures, and changing topics or fiscal 


■ Financing alternatives. 

■ A fair share framework for impact fees. 

■ The implementation and administra¬ 
tion of impact fees. 

■ The financing of infrastructure in 
special districts. 

■ Techniques for assessing public/private 
development projects. 

■ Building an economic development 
team. 

■ Resolution of development disputes 
through collaborative problem¬ 
solving. 

Chapter notes and a 32-item bibliogra¬ 
phy are provided. 


Good-Bye, Ozzie and 
Harriet: Suburban 
Growth and the Slow- 
Growth Movement 

Goldman, Leslie Ann 
1989, 41pp. 

Available free from the House Wednesday 

Group, 386 Annex 2, Washington, DC 20515, 

(202) 226-3236. 

This review and assessment of the 
causes of suburban growth, growth prob¬ 
lems, and the emergence of the slow- 







growth movement consider such issues as 
growth-control methods, the legality of 
limiting growth, and the framework for 
growth policy development. Suburban 

growth has been fueled by a vision of the 
suburbs as a place with preferred housing, 
peaceful neighborhoods where children 
can safely play, and communities that are 
locally controlled. Low commercial taxes 
and a preference for low-density living 
have also helped suburbs grow rapidly. 
Problems with suburban growth include 
traffic congestion and a strain on the 
infrastructure. 

The slow-growth movement, with its 
roots in the 1960$ and 1970s, links the 
interests of environmentalists and home- 
owners who want to protect their proper¬ 
ty values. Controls designed to limit 
growth may have the effect of reducing 
housing for low-income and moderate- 
income households, which in turn 
reduces their access to the advantages of 
suburban communities and jobs. 

The exclusionary effects of growth con¬ 
trols have been challenged under the 
equal-protection and due-process clauses 
of the 14th amendment, but the results 
are mixed. Policies that manage growth 
must strike a balance among the tradi¬ 
tional American values of the right to 
private property, the expansion of eco¬ 
nomic opportunities, and the need to 
protect the environment. Ninety-nine 
footnotes are listed. 


How Slow-Growth 
Policies Would Affect 
Economic Growth 
in the Inland Empire 

Hayward, Steven 
1988, 16pp. 

Available for $5 from the Claremont Institute, 
4650 Arrow Highway, Suite D6, Montclair, CA 

91763, (714) 621-6825. 

This study assesses how proposed slow- 
growth policies would affect economic 
growth in the Inland Empire, which is 
the valley area between Kellogg Hill in 
Los Angeles County and Banning Pass. 
Most of the government economic data 
used for this study is for the Riverside- 
San Bemardino-Ontario Standard 
Metropolitan Statistical Area. 

While the rapid growth of the Inland 
Empire has fueled some sentiment for 
enacting slow-growth policies for the 
region, this study argues that growth- 
control policies affecting the building 
industry would have a significant nega¬ 
tive effect on the entire area’s economy. 
A U.S. Department of Commerce model 
for regional economic activity, RIMS II, 
demonstrates that building activity is the 
linchpin o: the Inland Empire’s develop¬ 
ing economy. A survey of other studies 
on the impact of slow-growth policies on 
housing prices shows a consensus that 
slow growth generally contributes to 
significantly higher housing prices. 




An < 1 *: i i t,*c il -T.-itu-, t >t *Tl jhJ 
z> wmiucnr cnr Jude :h n Mart* 
gi-tu-mmeni, .uriwigh zir^mc npiJK. 

ha* n-n hulk Mittiaent new road* to 
match the area'* growth. Local govem- 
menu are nut able to make up the Jitter" 
ence due to revenue shortages. 

Study suggestions include reform of the 
State and local fiscal structure, Hock 
grants to counties and cities, and innova¬ 
tions such m toll-road financing tor new 

highways. Twenty-three footnotes and 
five figures are provided. 

Land Economics 

%edfil Issue: Lm^Use Controls 

Fiscbel Wiliam F. (guest ed.) 

August 1990, Voi. 66, No. 3, 357pp. 

The 10 articles presented in this special 
issue of Land Economics reflect current 
economic research on land-use controls. 
The introduction is followed by a series 
of articles that make four main points: 

■ Locally established land-use regula¬ 
tions (zoning) must be viewed as a 
flexible uni decentralized network erf 
restrictin', ne: a Angle-valued con¬ 
straint on all building activity. 


■ Zoning confers both benefits and 
that are capitalized as increase?* or 
decreases in property’ values. 

■ Zoning is the product of economically 
rational political activity. 

■ Not much is known much about the 
efficiency of zoning, but aggregate 

community land values may be the key 

to measuring it. 

An article by Henry Pollakowski and 
Susan Wachter discusses the effects of 
land-use constraints on housing prices 
and concludes that land-use regulations 
raise housing and developed-land prices 
within a locality, spillover effects exist 
across localities, and the effects of zoning 
and growth management controls taken 
together exceed their impact when mea¬ 
sured separately. 

Other topics covered in this special issue 
are the price effect of exclusive agricul¬ 
tural zoning rights and land development 
timing, the economic theory of zoning, 
the National Flood Insurance Program, 
affordable housing and municipal choice, 
and the integration of land-value taxa¬ 
tion with the internalization of spatial 
externalities. Chapter references and 
tables are provided. 



Do Growth Controls 
Matter? A Review of 
Empirical Evidence on 
the Effectiveness and 
Efficiency of Local 
Government Land Use 
Regulation 

Fiscfoei, Wiliam A. 

1989, 67pp. 

This study reviews empirical evidence on 
the effectiveness and efficiency of local 
government land-use regulation. The 
regulation reviewed encompasses tradi¬ 
tional zoning laws, moratoriums on the 
extension of water and sewer lines, non¬ 
price rationing of building permits, and 
tying development permits to the provi¬ 
sion of new public facilities. The paper 
concludes that empirical evidence indi¬ 
cates that local land-use regulations 
aimed at reducing growth do indeed 
affect land values and housing prices. 
Growth controls tend to raise the value 
of existing housing and sites on which 
development is still allowed, and lower 
the value of undeveloped land and prop¬ 
erties that might be profitably redevel¬ 
oped. Local spillover effects, which 
economists traditionally use to justify 
land-use controls, also affect property 


values, although these effects are compli¬ 
cated and difficult to detect in conven¬ 
tional research designs. This report 
advises that these findings do not by 
themselves imply that growth controls 
are efficient or inefficient. The major 
costs are wasteful decentralization of 
firms and too much commuting by 
households. A 153-item bibliography 
is provided. 

Available for $7 (plus $3.50 for shipping 
and handling) from the Lincoln Insti¬ 
tute, c/o PBS, P.O. Box 447, Brookline 
Village, MA 02147,1-800-84S-7236. 


Other Resources 

Amn, Larry P., The No-Growth Movement am! 

the Transfxxtation Crisis: The Bitter Legacy 
of Jerry Brown, Claremont Institute, 1988, 
12pp. Available for $5 from the Claremont 
Institute, 4850 Arrow Highway, Suite D6, 
Montclair, CA 91763, (714) 621-6825. 

Brower, David J., David R. Godschaik, and 
Douglas R. Porter, Understanding Growth 
Management: Critical Issues am! a Research 
Agenda, Urban Land Institute, Washington, 
DC, 1989. Available for $42 (or $33 for mem¬ 
bers) from the Urban Land institute, 625 
Indiana Avenue NW., Washington, DC 20004, 
(202) 624-7000. 







CNrwSz, Beniamin, “Growth Management: 
Good far the Town Bad for the Nation," APA 
Jol^W Wvte* 1 S§0, pp 3-8 

DeGrove, John M , Land Gn^i and Politics, 
Ptanners Press, Amerxan Planning Asso¬ 
ciation, 1904,454pp. Available fa $34.95 
($32.95 fa members) from the American 

PUvmng Aaa^w Bookstore, 1313 E. 60th 

Street, Chicago, IL 60637, (312) 955-9100. 

Downs, Anthony, ‘The Real Prctton with 
Stttowtwi Policies," 77» Brook¬ 

ing* Review, Voi. 6, No. 2, Spring 1988, 

pp. 23-29. 

Eltdsson, Robert C„ The bony of Inchjsion- 
ary Zoning," A chapter from R©sofwtrig tf» 

Housmg Casks: Government Policy, Decon¬ 
trol, and the Pubfic Merest Pacific institute 
fa Pubic Policy Research, San Francisco, 
CA, 1902, pp. 135-107. Available fa $34.95 
($13.95 m paperback) plus $2 shipping and 
hawing from fie Padc institute fa Public 
Foley Research, 177 Post Street, Suite 500, 
Sen Franctoo, CA 94100, (415) 909-0033. 

Pluck, Timothy A., m EocM v. Ambler—A 

Ram xpecthm* Journal of the Amettesm 
Planning Association, Voi. 52, No. 3, 

Summer 1906, pp. 328-337. 

Fulton, Wiliam, The Trait* With Stow- 

Growth Voi. 3, No. 7, 

Haas Jane Gienm “Am.-Versus Pro-Growth 
Foxes " SouVe^ Ca fa^-a- A Ba tot Box 
Battle." Oman Lana , Octobe r 1988. pp. 2-5. 

Hayward, Stever. The New American 
Revolution? How Growth Controls Change 
Tne Way We Are Governed. Claremont 
Strategy Group, 1988,11 pp. Available for 
$3.50 from the Claremont institute, 4650 
Arrow Highway, Suite D6, Montclair. CA 
91763, (714) 621-6825. 


Jacobs* Harvey M„ "Localism and Land Us© 

Planning,* Journal of Architectural and Plan¬ 
ning Research, Voi. 6. No. 1, Spring 1989, 

PP* 1“13, 

Johnston, Robert A., and et ai, “Selling 
Zoning: Do Density Bonus Incentives for 

Moderate-Cost Housing Work?" Washington 
University Journal of Urban and Contem¬ 
porary Law, Voi. 36, No. 45, 1909, pp.45-61. 

Katz, Lawrence, and Kenneth T. Rosen. The 

Interforisdfafaia] Effects of Growth Controls 
on Housing Prices," Journal of Law and Em- 
nornics, Voi. XXX, April 1907, pp. 149-160. 

Koenig, John, “Down to the Wire in Florida," 

Planning , Voi. 56, No. 10, October 1990, 
pp. 4-11. 

Logan, John R. and Min Zhau, “The Adoption 
of Growth Controls in Suburban Commo- 
reties,* Social Science Quarterly , Voi. 71, 

No. 1, March 1990, pp. 118-129. 

McDougali, Harold A., “From Litigation to 
Legislation in Exclusionary Zoning Law,* 
Harvard CM.i Rights-CMi Liberties Law Re¬ 
view, Vd. 22, No. 623,1987, pp. 635-663. 

Merriam, Dwight, David J. Brower, and Philip 
D. Tegeler (eds.), Incktsionary Zoning Moms 

Downtown, 1905,223pp. Available fa $33.95 
($29.95 fa members) from the American 

Planning Association Bookstore, 1313 E. 60ti 

Street, Chicago IL 60637, {312) 955-9100, 

OTlellly Brian “The War Against Growth 
Heats Up." Fortune , Vo-. VS. No. “3, 
December 5,1988. pp.«19-130. 

Schultz, Michael M. ana Richard Kelley, 
“Subdivision improvement Requirements ano 
Guarantees: A Primer," Journal of Urban ana 
Contemporary Law, Voi. 28, No. 3,1985, 


ic 



SECTION 3 

Environmental 

Regulation 


Developer’s Guide to 
Federal Wetlands 
Regulations 

Ltebesman, Lawrence R. 

1990,217pp. 

Availed for $60 (or $44 for members) from 
MAHB Environmental Regulation Department, 
f Sti and M Streets IMW., Washington, DC 
20005, 1-800-368-5242. 

The Clean Water Act’s Section 404 
permit program regulates the discharge 
of dredged or fill materials into the navi¬ 
gable waters of the United States or 
their adjacent wetlands. This manual is 
designed to help builders and developers 
understand the complexities of the Sec¬ 
tion 404 permit program, their responsi¬ 
bilities under the program, and its impact 
on the development community. 

The manual, which is divided into 11 
chapters, begins with an everview r and 
description of the program. It then 


describes the regulatory standards the 
Army Corps of Engineers uses to judge 
individual permits, the EPA’s veto 
authority, and each States veto power 
via the water quality certification pro¬ 
cess. Some of the most common nation¬ 
wide permits involving minor alterations 
to wetland resources are also discussed. 
Subsequent chapters cover the relation¬ 
ship between the National Environmen¬ 
tal Policy Act and the Section 404 
process, the advance identification pro¬ 
cess, the permit process paperwork flow, 
and enforcement. The manual concludes 
with practical suggestions for dealing 
with the Section 404 process. 

Three appendixes include relevant legis¬ 
lation; executive branch documents; 
contact information for the EPA head¬ 
quarters and regional offices; and contact 
information for the Army Corps of 
Engineers headquarters, district, and 
division offices. A glossary of useful terms 
is also provided. 


11 


■■■ 


M■ 







Wetlands: Mitigating and 

Regulating Development 

Impacts 

Sataesen, DareI 
1W» 117pp. 

Available for $38 (or $30 for masters) plus 
$3 shipping and handing from the Urban 
Land fensttufee, 625 Indiana Avenue MW., 
Washington, DC 20004, (202) 624-7000. 

Tins book explores many of the current 
issues regarding reducing land develop- 
merits negative impact on wetlands {soil 
that is at least periodically saturated or 
covered with water and containing plants 
that can tolerate such conditions). It 
examines Federal, State, and local wet¬ 
lands regulations; describes wetlands 
mitigation strategies; and provides sever¬ 
al examples of recent mitigation efforts. 
Although a relatively small, but growing, 
share of wetlands losses on lx attributed 
to real estate development, the discus¬ 
sion highlights what developers have 
done to reduce wetlands losses and to 
compensate for wetlands fills. 

Ikckground information on wetlands 
describes what they are, where they are 

located, the extent of wetlands losses, 
and whv the* are worth saving. Federal 


wetlands regulations particularly the 
regulations under the Clean Water Act, 
are described. Another issue considered 
is when, if ever, wetlands regular u ms 
violate the U.S. Constitutions fifth 
amendment by taking private property 
without compensation. 

An overview of State wetlands regula¬ 
tions includes a brief synopsis of six 
State programs, and case studies illustrate 
several wetlands mitigation strategies. 
General guidelines for successful wet¬ 
lands mitigation are based primarily on 
discussions with regulators and develop¬ 
ers. Chapter notes and a 55-item bibliog¬ 
raphy are provided. 

Protecting America’s 
Wetlands: An Action 
Agenda 

Conservation Foundation 

1988, 69pp. 

Available for $10 plus $2 shipping and han¬ 
ding from the Conservation Foundation, P.O. 
Box 4866, Hampden Station, Baltimore, MD 
21211,(301)338-6951. 

This report by the National Wetlands 
Policy Foram presents recommendations 
for improving wetlands protection, which 





,src based on several months of consulta¬ 
nt n among wetlands experts and public 

officials The primary recommendation is 
that the Federal Government establish a 
national wetlands protection policy that 

will allow' no overall net loss of the 
Nations remaining wetlands and will 
proactively restore and create wetlands. 

Recommendations for cutting losses 
include the provision of improved incen¬ 
tives for private wetlands owners to 
protect these resources for the public 
benefit, expanded and cutting acquisi¬ 
tion and preservation programs, and 
more effective and evenhanded regula¬ 
tory programs. 

Recommendations for improving the 
protection and management process 
involve planning for protection and 
management, information and educa¬ 
tion, and improved regulatory programs. 
The Fomm emphasizes establishing the 
goal of wetlands protection and restora¬ 
tion as a national goal, delegating 
Federal wetlands regulatory responsibili¬ 
ties to qualified States, and requiring the 


President to report to Congress every 5 
years on progress in achieving the wet¬ 
lands preservation goal. Twenty-four 
references are listed. 


Other Resources 

Coins, Beryl R., and Emily W.B. Russell, 
editors, Protecting the New Jersey Pineiands: 
A New Direction in Land-Use Management, 
Rutgers University Press, New Brunswick, NJ, 
1988, 344pp. Available for $13 from the 
Center for Urban Policy Research, Rutgers 
University Press, Building 4051, Kilmer 
Campus, New Brunswick, NJ 08903, 

(908) 932—1766. 

Saivesen, David, Three Approaches to 
Development in Wetlands,” Urban Land ,, 
August 1989, pp. 34-35. 

Want, William L, Law of Wetlands 
Regulation, Clark Boardman Company, Ltd., 

New York, NY, 1989, 688pp. Available for 

$110 from Clark Boardman Company, Ltd., 

375 Hudson Street, New York, NY 10014, 
(212) 929-7500. 









SECTION 4 

Special Issues 


Rehabilitation Guidelines: 

1986 


Volumes 1-10 were prepared by National 
Institute of Building Sciences. Volume 11 
was prepared by Building Technology 
Incorporated. 


Available for $3 per volume ($25 for the set) 
from HUD USER, P.O. Box 6091, Rockville, 
MD 20850. 


Rehabilitation and conservation are 
cost-effective ways to add to and main¬ 
tain our Nation’s housing supply. To 
facilitate these methods of maintaining 
older building stock, HUD published 
this rehabilitation guideline series. The 
guidelines were developed so State and 
local officials could use them in conjunc¬ 
tion with existing codes. 


The 11-volume set covers the following 
topics: 


1 * Guideline for Setting and Adopting 
Standards for Building Rehabilitation 
describes methods for identifying 
regulatory' problems in a community, 
and recommends ways to amend, 
modifc or suDDlement existing remila 


2 . Guideline for Municipal Approval of 
Building Rehabilitation examines the 
inherent differences between regulat¬ 
ing new construction and regulating 
rehabilitation, and presents specific 
strategies for rehabilitation approval 
process. 


3.Statutory Guideline for Building Rehabi¬ 
litation contains enabling legislation 
that can be directly adopted by com¬ 
munities to provide more effective 
regulation of building rehabilitation. 

4. Guideline for Managing Official Liability 
Associated with Building Rehabilitation 
addresses the responsibilities of code 
officials to properly administer and 
enforce rehabilitation. 


5. Egress Guideline for Residential Rehabi¬ 

litation lists design alternatives for 
the components of egress (means for 
exiting) that are regulated by current 
codes such as number and arrange¬ 
ment of exits, corridors, and stairs, 
travel distance, degdUapi IWPGl* Hid 
exit capacity and width. - , > ■ 

6. Electrical Guideline for Residential Reha¬ 
bilitation outlines procedures for con¬ 
ducting inspections of electrical 




titJ r?crh« d- ?* r and tat- 

m4 au-imc drain, w.i^te, mi \ cm, 
iPWV! rd* cjtinc fixture*, 

adding new fixtures n* exiting PW\ 
nMem*, and installing new L'NX V 
systems in existing building*. 


»'iu ‘'Bip fnents intent *r u >mp» «nenis 
and structural, electrical, plumbing* 

healing, ventilating, and air condi¬ 
tioning systems. 

Each volume is approximately 80 pages. 
Appendixes, chans, and photographs are 
included. 


$. Guideline tm Fire Ratings of Archaic 
Materials and Assemblies contains the 
tire ratings of materials and assemblies 
that are no longer listed m current 
building axles or related reference 
standards. Intnxiuciorv matenal Jis- 
cu»*e* flame spread, the effects of pen- 
etratuins (usually wires or pipes passed 
through hides in an assembly), and 
methtxis tor determining the ratings of 
assemblies not listed m the guidelines, 

9. Guideline /or Stmcmrd Assessment 

addresses the methods and approaches 
used to evaluate structural systems in 
existing buildings. It covers masonry, 
wood, steel, and concrete structural 
systems and components. 

10. Gtddelme cm the Rehabilitation of Walk, 
Window, and Roofs recommends pro¬ 
cedures for rehabilitating and preserv- 


Residential Rent Controls: 
An Evaluation 

Downs, Anthony 
1988, 67pp. 

Available for $26 (or $21 for members) from 
tie Urban Land Institute, 625 Indiana Avenue 
NW., Suite 400, Washington, DC 20004, (202) 
624-7000. 

This study identifies the economic costs 
associated with rent controls and the 
circumstances in which rent control may 
be a sound policy. It combines a theoreti¬ 
cal analysis of how rent controls affect 
housing markets with a review of the 
curcemtf oMdMrifo Wideace of their 



ing walls, windows, and roofs in 

historic 1 


have been 



m the United States 
the 


the demand tor rental units rises sharply 
at the same time that new construction 

of such units has been legally restricted 
to conserve resources, as during wartime. 
Absent these conditions, unconstrained 
rent movements are the most efficient 
and perhaps the only effective means of 
ensuring an appropriate long-term bal¬ 
ance of supply and demand in housing 
markets. 

The appendix provides information 
on the effects of rent controls on various 
factors. A 21-item bibliography is 
included. 

Reforming Residential 
Rent Regulations 

Citizens Budget Commission, February 1991, 

30pp- 

Available for $2 postage and handling (free to 
government agencies) from Citizens Budget 
Commission, Inc., 36 West 44th Street, Suite 

316, New York, NY 10036. 

This report identifies, assesses, and 
makes recommendations for reforming 
N’ew Ycrk City’s rent regulations and 
estimates the increase in property tax 
revenues that would result from the 
reforms. The authors suggest that the 
long-run goal should be the gradual elim¬ 
ination of rent regulations in such a way 
as to avoid adversely affecting lower 
income households. 


The report discusses three strategies 
for eliminating controls: (1) decontrol 
units occupied by higher income house¬ 
holds, (2) decontrol units with relatively 
high rents, and (3) decontrol units as 
they become vacant. If implemented 
immediately, these strategies would affect 
between 372,000 and 446,000 units— 
a significant portion of New York City’s 
housing—and generate substantial new 
taxable rental income ($598 to $745 
million). Implementation of the reforms 
would require that the city create defini¬ 
tions of income categories and require 
households to be certified as lower 
income to be eligible to retain rent 
protection. 

The first step in achieving the goal of 
eliminating rent controls is to remove 
rent controls for households who do not 
require subsidy. Households that require 
subsidy should receive it from govern¬ 
ments, not from landlords. 

Other city actions, such as overly re¬ 
strictive zoning and building codes also 
should be gradually relaxed. Addition¬ 
ally, the authors recommend that the city 
work with the construction industry and 
labor unions to reduce construction costs 
and constraints. 

Fourteen tables, forty-one end notes, and 
four appendixes are provided. 







Accessory Apartments: 

The State of the Art— 
Continually Updated 
Access to Experience, 
Second Edition 

Hare, Patrick H 
June 1991,150pp. 

AwwMM m four components from Fait* 
fri Ham® Planning and Design, 1246 Monroe 
Stmt NE., Washington, DC 20017, (202) 

2S9-S334. Itetofo to Accessory Unite 
is available for $20. Resource Guide to 
Accessory Urwts is available for $15. Sample 
mvi Mxmmxy 

Umte is available tor $20. Guide to Mapr 
Etibris ft? Promote Accessory Unite is avail¬ 
able for $20. 

This four-part resource, which is updated 
even’ six months, synthesizes the experi¬ 
ence of local governments that have 
amended their zoning law s to permit 
accessory apartments ■—separate housing 
units typically created in surplus space 
in single-family homes. 

Accessory apartments can he a cost- 
effective way of increasing the supply of 
affordable housing. Zoning amendments 
to pennit accessory apartments should 
address concerns about the impact of 
accessory apartments on the community 


and homeowners’ needs for rapid and 
simple processing of applications. 

The materials also discus KkjI experi¬ 
ences after :< rang ha* been amended. 
This includes why many homeowners 
need help with installations; how home- 
owner? can pay for technical assistance; 
how non-profits, remodelers, and real 
estate agents can succeed with accessory 
units; and the problems with subsidized 
loan programs. 


Other Resources 

Geflen, Martin, Accessory Apartments in 
Single-Family Housing, University of Cali¬ 
fornia, Berkeley, Committee on Research, 
1985,204pp. Available for $9.95 plus $3.00 
shipping and handing from the Center for 
Urban Policy Research, Rutgers University, 
Building 4051, Kilmer Campus, New Bruns¬ 
wick, m 08903, |908) 932-1766. 

Hare. Patrick H., Installations of Accessory 
Unite in Communities I ¥lmm They Am legal, 
April 1990,31pp. Available for $13 ($10 pre¬ 
paid) from Patrick H. Hare Planning and 
Design, 1246 Monroe Street ME., Wash¬ 
ington, DC 20317,1202) 269-9334. 

Smith, Richard and Jucith Blocker, “Control¬ 
ling Rent Control," Journal of Property 
Management, Vol. 53, No. 6 , November/ 
December 1988, pp. 6-9. 



SECTION 5 

Promising 

Alternatives 


Building Better 
Communities Through 
Regulatory Reform: 

A Guide to 
Regulatory Change 

U.S. Department of Housing and Urban 

Development, 1987, 84pp. 

Available for $3 from HUD USER, 

P.O. Box 6091, Rockville, MD 20850, 
1-800-245-2691. 

Many builders seek relief from overregu- 
ktion caused by outdated regulations, 
lengthy development approval processes, 
and archaic land use patterns. This man¬ 
ual provides State and local builders 
associations with strategies and general 
guidance for establishing and managing 
regulatory reform programs to combat 
overregulation. 

A range of strategies and techniques that 
can be tailored to State and local needs is 
highlighted. Appendixes present discus- 
sions* diagrams, and references on 38 
topics relating to construction specifica¬ 
tions, infrastructure, zoning, and siting 


issues. They also include questions and 
answers about common objections to 

regulatory reform, the agenda for a sug¬ 
gested seminar, and a summary of sug¬ 
gested media strategies and public affaire 

techniques. 


Affordable Residential 
Land Development: 

A Guide for 
Local Government 
and Developers 

Schaake, Carol Baker 
1987,125pp. 

Available for $3 from HUD USER, 

P.O. Box 6091, Rockville, MD 20850, 
1-800-245-2691. 

This is the first in a two-volume set 
of “Affordable Housing: Challenge 
and Response” publications, and it de¬ 
scribes the land use, site development, 
and administrative and procedural 
changes used in HUD’s Joint Venture 
for Affordable Housing (JVAH) projects. 


19 



iv ff t * ; * / ^ t*'. <! * :v m lt > c. p- 
ha-tit* *t tv t mI/ -r« 2*" mJ *• mi ;.><- 

r:* fc * r 24 <*** $**.* ^ r ^3 f 3e 
United >uh*% *irh li\Si puvhc , fnu h* 

,mJ Hidden*. c^ fimr^ to reduce the 
c* ‘at of mpleted U me-. 

The JVAH experience showed that 
improved zoning and subdivision price- 
dares promote affordable housing. 
Recommendations are made for several 
local government actions in this area, 
including planned unit development, 
mixed-use development, zero-lot-hne 
zoning, and densitv transfers. Suggestions 
are also made regarding wavs in which 
local jurisdictions can expedite proce¬ 
dures regulating land use and housing 
construction. The JVAH projects 
revealed that, of the major cost compo¬ 
nents of new housing, land cost is the 
most influenced by local government 
policies. 

After stating that high-density develop¬ 
ment is a public necessity, factors in 
planning and developing land for resi¬ 
dential use are examined. They include 
site planning, streets, parking, sidewalks 
and walkways, curbs and gutters, storm 
drainage systems, sanitary sewers, water 
supply, and utilities easements. 

Examples from the JVAH sites illustrate 
reammendatk^ Drawinp, photo¬ 
graphs, references, and a list ofJVAH 
sires are included. 


Affordable Residential 
Construction: A Guide 
for Home Builders 

Fisher, E. Lee 

1987, 92pp. 

Available for $3 from HUD USER, 

P.O. Box 6091, Rockville, MD 20850, 
1-800-245-2691, 

This guide describes methods to reduce 
cost> in most phases of direct construc¬ 
tion of a house, based on techniques 
proven effective in HUD s Joint 
Venture for Affordable Housing (JVAH1 
demonstration projects. Some methods 
discussed in the guide may not be ac¬ 
ceptable under certain local regulations, 
so readers are urged to check their local 
code or consult local building officials 
before adopting any new techniques. 

This manual is organized to reflect the 
process of building a house. It begins by 
discussing design, and moves into foot¬ 
ings and foundations, floors, walls and 
partitions, firewalls, and roof framing. 
Also covered are plumbing, electrical, 
heating, ventilation, air-conditioning, 
business practices, and marketing. 

Each section contains a general discus¬ 
sion of the topic followed by sped:::c 
cost-saving innu\ a:mn> and JVAH ca*e 
experiences. Photographs, draw- 
mgs. references, and a list of JVAH par¬ 
ticipants are provided. 


Streamlining Local 
Regulations: A Handbook 
for Reducing Housing and 
Development Costs 

Hershey, Stuart S. and Carolyn Garmise 
1983, 59pp. 

Available for $10 plus $4.30 for shipping 
and handling from the international City 
Management Association, 777 N. Capitol 
Street ME., Washington, DC 20002 
Attn: Order Department (202) 289-4262. 

Reforming local regulations may promote 
affordable housing development by: 

■ Reducing procedural delays. 

■ Speeding up the application and 
review process. 

■ Increasing efficiency. 

■ Saving costs in city government. 

■ Clarifying regulations so that develop¬ 
ers can understand them without 
hiring special consultants. 

Local governments can modify zoning 
ordinances to allow well-designed 
increased-density development, create 
new subdivision regulations that reflect 
new technology in construction materi¬ 
als, and streamline inhouse review 
procedures. Communities can begin the 
regulation reform process bv first deter- 


making sure that regulations are consis¬ 
tent with the community s development 
objectives. 

Among the innovative approaches dis¬ 
cussed are infill development, manufac¬ 
tured housing, and performance zoning. 
A land development guidance system 
and about 50 references are appended. 

Subdivision and Site 
Plan Handbook 

Listokin, David and Carole Walker 

1989, 438pp. 

Available for $49.95 plus $3 shipping and 
handling from Center for Urban Policy 
Research, Rutgers University, P.O. Box 489, 

Piscataway, NJ 08855, (201) 932-3133. 

This book provides a model subdivision 
and site-plan ordinance, along with 
explanatory text and a reference section 
that reflects state-of-the-art land-use 
regulation. Designed for use by govern¬ 
ment administrators, developers, plan¬ 
ners, attorneys, and others interested in 
land-use regulation, the model ordinance 
reflects current perspectives on land use 
and site control. All components of sub¬ 
division regulation are covered: general 
provisions, definitions, administration, 
procedure, design, improvements, and 
necessary documents. 




* r j • * * . ’ 1 .* r c*. ^ M 

* cr/ irJ r„*.p <v • i t v ** Jr> n- 

the* »*.•» j f * * ou *. v *> mu >.ncV* ,^n 
t?\p 3 ir.it« n n in’ uiw t* r e ivh p:\ \ jv n 
describe? the h u.k*j unJ, ran* nak\ ind 
intent of each requireirent. Intr yya >r\ 
chapters provide m owrvieu t1 the frn- 
ti rv of subdivision reguhtu n in the 
United States, trace the ewlunnn of 
bnd-u^e regulation through vara >iis 
stages, and Ji*cu^ legal issues pertinent 
to current land-ibe regulation. Chapter 
notes. a 312-item bibliography* and a 
subfect index are provided. 

Design Strategies for 
Affordable Housing 

DiPasquale, Denise and James McKeHar 
1987,59pp, 

Available tor $10 as Working Paper No. 8 
from PyMtcatlofis, MfT Center for Real Estate 
Developmenl, Bolting W31-310, Cambridge, 

m 02139, (617) 253-4373. 

This paper explores affordable housing 
alternatives that address the issues of 
escalating land costs and the impact 
of zoning and subdivision regulations on 
homing size and type. It explores design 
strategies for smaller lots and smaller 
detached houses as a means of providing 
avoidable houses. The analysis provides 
three alternative plans for detached 
Houses on small lots. It applies one of 
these plans to a hypothetical site and 


vi lop iiv* rmdn ?im t'inhi plan 
t r ipx -iine -ite. Financial pr »furniiO 

ne developed for both detached and 
lemnhruse design? To compare the finan¬ 
cial ? * labilin of the mu alternative 

approaches. 

The *tudy concludes that single-lirailv 

detached designs may significantly 
increase the willingness of local cummu' 
nines to accept affordable housing devel¬ 
opment within their boundaries. The 
small lot introduces a density level be¬ 
tween that of a typical detached house 
and that of various multifamily designs. It 
also provides sufficient flexibility with 
respect to lot frontage to accommodate a 
range of unit designs. Furthermore, de¬ 
tached units are generally preferred by 
the homebuyer. Tables and appended 
data are provided. 

Partnerships for Affordable 
Housing: An Annotated 
Listing of City Programs 

United States Conference of Mayors 

1909,43pp. 

Available free from the U.S. Conference of 

Mayors, 1620 Eye Street MW., Washington, 
DC 20006, (202) 293-7330. 

This report ie>cribe> 123 locally initiated 
affordable housing partnership? in S2 
cine> across the United States. Each 


program is briefly described, followed by 
the name, position, address, and phone 
number of a eontacr person. 

Thirty-eight programs involve homeown- 
ership opportunities, and 31 programs 
focus on affordable rental housing. 
Twenty programs involve home improve¬ 
ment and rehabilitation programs. Four 
of the described programs provide hous¬ 
ing for senior citizens, and 10 programs 
offer transitional housing. Five single- 
room-occupancy housing programs are 
presented, and five programs providing 
housing for homeless persons are includ¬ 
ed. Seven programs are classified as com¬ 
prehensive approaches to affordable 
housing, and eight programs are classified 
as miscellaneous. 


Raising the Roof: 

A Sampler of Community 
Partnerships for 
Affordable Housing 

United Way of America 
1388, 122pp. 

Available for $10 phis $2.50 from the United 
Way of America, 901 N. Pitt Street, 

Alexandria, VA 22314, (703) 519-7314. 

To expand the pool of affordable housing, 
the public, voluntary, and private sectors 
can form a variety of highly effective 
partnerships. This publication explores 


subsequent cost savings in the acquisition 
of property, labor, and equipment and 
discusses the following: 

■ Adaptive reuse of property. 

■ Land banks/land trusts. 

■ Land donations and bargain sales. 

■ Manufactured housing/mobile homes. 

■ Receivership. 

■ Resource banks/donated materials 
warehouses. 

■ Single-room-occupancy hotel 
rehabilitation. 

■ Skills bank/voluntarism. 

■ “Sweat-equity” housing. 

■ Tool-lending library. 

The authors describe 12 types of financ¬ 
ing mechanisms that contribute to 
affordable housing, including bank com¬ 
munity development corporations, city¬ 
wide housing partnerships, community 
loan funds/revolving loan funds, housing 
trust funds/linkage programs, and State 
housing programs. Other financing 
mechanisms are mortgage/rental assis¬ 
tance pools, neighborhood assistance 
programs, share-equity financing, and 
tax-exempt housing bonds. 

Options for linkages with others that can 
facilitate affordable housing are home- 
ownership counseling, lease-purchase 
homeownership, limited equity housing, 





i - per :L . 4 i ,2 w.' 1 * i r , 's .-rJ 
pjernenh it* w oh ntuchh rn » J dc\ trli *p- 
ntenr. re mcvtt n* The vp peiijhx 

de-cnh> the L mtri Wa\ ’<■ r ^k m ad- 
Jr e**ing fow-income hewing. Chapter 
hibh ^graphics are pfi aided. 

Small Solutions: 

Second Units as 
Affordable Housing 

San Francisco Development Fund 
1908.96pp. 

Available for $15 tom the Bars Francisco 

Fund, 1107 Can Street, San 
Francisco, CA 94117, (415) 863-7800. An 

eight-page Exactilwe Summary is available 

for $5, 

The Double Unit Occupancy f DUO) 
Program was initiated by the San 
Francisco Development Fund in 1985 as 

a 3-year demonstration to create 50 new 
accessory apartment units and to develop 

a replicable model for a second program. 

The program has resulted in the comple¬ 
tion of a total of 43 new, affordable sec¬ 
ond units by the end of the 1988 
building season. The median rent for 
these second units was approximately 
$100 Wow die arm’s market rent for 
comparable units. Permits, fees, Mid 
assessments added 7 percent to second 
unit costs. Half the DUO units were 
rented to families. 


Band on its experience, the San 

Francisco Development Fund discounts 
the following criticism* of second units: 
that they destroy the family character of 
neighborhoods, lower property values, 
arid are unattractive. 

Rather, the San Francisco Development 
Fund argues, these second units increase 
the property 7 tax base, pay more than 

their share for local infrastructure, and 
create a modest amount of affordable 
housing. Making the local government 
approval process simple, flexible, fast, 
and inexpensive is the most direct way to 
encourage the legal development of these 
units. Assistance should be provided 
during planning and approval, and finan¬ 
cial assistance should be provided for 
units that benefit low-income and mod¬ 
erate-income households. Figures, tables, 
and notes are included. 


HUD/NAHB Case Studies 

The U.S. Department of Housing and 
Urban Development together with the 

NAHB (National Association of Home 
Builders) Research Foundation, Inc., 
issued case study reports on affordable 

housing in a wide variety of U.S. cities 

and counties throughout 1985 and 1956. 
While each case study varies according 

to its rejective location, information 
about regulations and building 


24 


requirement is generalh included. Often 
photographs, references, plans, illus¬ 
trations, cost tables, and/or site diagrams 
are provided. 

Mow is a list of locations where case 

studies were conducted. See the order 

form at the end of this guide for full 
bibliographic citations and ordering 

information. 

■ Crittenden County, Arkansas 

■ Fairbanks, Alaska 

■ White Marsh (Baltimore County), 
Maryland 

■ Charlotte, North Carolina 

■ Greensboro, North Carolina 

■ Christian County; Kentucky 

■ Blaine, Minnesota 

■ Boise, Idaho 

■ Broward County (Coral Springs), 
Florida 

■ Oklahoma City, Oklahoma 

■ Portland, Oregon 

■ Birmingham, Alabama 

■ Knox County, Tennessee 

■ Lincoln, Nebraska 

■ Sioux Falls, South Dakota 


■ Mesa County, Colorado 

■ Phoenix, Arizona 

■ Elkhart County, Indiana 


Other Resources 

Bookout, Lloyd W., “Jobs and Housing: The 

Search for Balance,” Urban Land ,, October 
1990, pp. 5-9. 

Lamar, Martha, Alan MaSladi, John M. Payne, 
“Mount Laurel at Work: Affordable Housing in 
New Jersey,” 1983-88, Rutgers Law Review ,, 
Vol. 41, No. 4, Summer 1989, pp. 1197-1277. 

Landis, John D., “Land Regulation and the 
Price of New Housing,” The Journal of the 
American Planning Association f Vol. 51, No. 

2, Winter 1986, pp. 9-21. 

Wheeler, Michael, Resolving Local Regulatory 

Disputes and Building Consensus for 

Affordable Housing , MIT Center for Real 

Estate Development, Cambridge, MA, 1988, 
pp. 1-35. Available for $5 from the MIT 
Center for Real Estate Development, Building 

W31-310, Cambridge, MA 02139, (617) 
253-4373. 






A 


Resource 

Organizations 


Resource Organizations 

The following organizations can provide 
information on issues related to regulato¬ 
ry harriers. The list, which was compiled 
from referral sources from HUD USERs 
professional reference staff and supple¬ 
mented by suggestions from experts in 
the affordable housing field, is not 
exhaustive. In particular, organizations 
are not necessarily listed here because 
they are the sponsors or producers of 
materials included elsewhere in the 
guide. 

American Institute of Architects (ALA) 
1735 New York Avenue NW. 
Washington, DC 20006 
(202) 626-7300 

American Planning Association (APA) 
1313 East 60th Street 
Chicago, IL 60637-2891 




Center for Urban Policy Research 
Rutgers—The State University 
P.O. Box 489 

Piscataway, NJ 08855-0489 

(201) 932-3101 

Claremont Institute 

4650 Arrow Highway, Suite D6 

Montclair, CA 91763 

(714) 621-6825 

Conservation Foundation 
P.O. Box 4866 
Hampden Station 
Baltimore, MD 21211 

(301)338-6951 

Council of State Community 
Development Agencies 
Hall of the States 

444 North Capital Street, Suite 251 

Washington, DC 20001 

(202) 393-6435 



‘ ,-?a- ■ • 


. WM 

/ 



HUD USER 
ECUS xCC 

Rockville. MD 2085C 
i!CIt 251-5154 

t-SCO-245-2f?91 

International City Management 
Association (1CMAI 

777 North Capitol Street, Suite 500 

Washington, 1X0 20002 
1202) 289-4262 

Lincoln Institute of Land Policy 
26 Trowbridge Street 
Cambridge, MA 02138 
(617) 661-3016 


National Governors’ Association 

444 North Capitol Street NW., Suite 25* 

Washington, DC 20001 

(202) 624-5300 

National Council of State Housing 
Agencies (NCSHA) 

444 North Capitol Street, NW., Suite 

412 

Washington, DC 20001 
(202) 624-7710 

Patrick H. Hare Planning and Design 

1246 Monroe Street NE. 

Washington, DC 20017 
(202) 269-9334 


Massachusetts Institute of Technology 

Center for Real Estate Development 

Building W31-310 

Cambridge, MA 02139 
(617) 253-4373 

National Association of Home Builders 

CNAHBI 

Environmental Regulation 


Urban Institute 

2100 M Street NW. 

Washington, DC 20037 
(202) 833-7200 

Urban Land Institute (ULI) 

625 Indiana Avenue NW., Suite 400 
Washington, DC 20004 
(202) 624-7000 


Department 

15th and M Streets NW. 
Washington, DC 20005 
-520-368-5242 


Virginia Center for Housing Research 
Virginia Polytechnic Institute and 
State University 
404 Clay Street 

Blacksburg, VA 24061-0539 

(703) 231-3993 


Ltion of Home Builders 





Order Form 

Indicate the requested number i •! cepes m the column marked “Quinisn," muluph fv she per-copy cmt indicated 
under "Price," .mi enter the total c£*i Dr e^eh item. Aid these ti * determine the “T.nal Due HUD USER,” 


Document 


Affordable Residential Land Development: 

A Guide for Local Government and 
Developers, 1987 

Affordable Residential Construction: 

A Guide for Home Builders, 1987 

Building Better Communities Through 

Regulatory Reform: A Guide to Regulatory 
Change, 1987 

Directory of Information Resources 

in Housing and Urban Development, 1989 

“Not In My Back Yard”: 

Removing Barriers to Affordable Housing, 1991 

Transcripts of the Advisory Commission on 
Regulatory Barriers to Affordable Housing 

Meeting, May 19%, in Washington, DC 

Hearing, July 11, 19%, in Trenton, NJ 

Hearing, July 31, 19%, and meeting, 

August 1, 19%, in Chicago, IL 

Hearings, September 12-13, 19%, 

in San Francisco, CA 

Hearings, September 25-26, 19%, 
in Washington, DC 

Meeting, December 14, 19%, in 

Washington, DC 

HUD/NAHB Case Studies 

Affordable Homing Demonstration: 

A Case Study, Crittenden County, 

Arkansas, 1985 

Affordable Housing in Arkansas: Sequel 
to the Crittenden County Demonstration 
Project, 1985 

Affordable Housing Demonstration, 

Two Case Studies: Fairbanks, Alaska; 

White Marsh (Baltimore County) 

Maryland, 1986 


Price Quantity Total 


$3 

$3 

$3 

$25 

$3 

$15 

$15 

$25 as a set 

$35 

$40 

$15 

$3 

IMHMj 


29 



Price 


Quantity 


111 D \ *\hB can* u* nt.rued) 

\*t r L 1 * H 1 : . ,f t * f ^ * u 

^*4 * y 4 i, C* i :» U r *t 

N- Hh 4 iJi bn>- 4 . 

N» ph i itO mi l $3 

Affi^jjHt Hi IV: v r.-Trtt, r 

A 1 A«e Study, i.l rist . in unr . 

Kentucky, W.*5 S3 


Four Ca?e Studies, Bl a me, Minnie >ta; 

Boi*e, Idaho; Rr.wjrd Cuunrv 
i Coral Spnnjyd, Rond r Oklahoma City, 

Oklahoma, i9S5 $3 

Affordable Housing Demonstration: 

A Case Study, Portland, Oreg**n, 1985 S3 

Affordable Housing Demcn>rranon: 

Four Ca^e Studies Birmingham, Alabama; 

Knox County, Tennessee; Lincoln, 

Nebraska- Sumx Fails, South Dakota, 

1985 $3 

Affordable Housing Demonstration: 

A Case Study, Mi\s County 5 , 

CHoraJo, 1984 $3 

Affordable Housing Demonstration: 

A Case Study, Phoenix, Arizona 

1984 $3 

Affordable Housing Demonstration: 

A Case Study, Elkhart County, Indiana, 

1984 $3 


Total Due HUD USER 


All orders must be prepaid. Please indicate method of payment: 

O Check or money order (enclosed) PAYABLE TO HUD USER 

□ MasterCard O VISA *_ 

Sigttttu e __ 

: Purchase Order *er.cL'*c«D -_ 


Expiration date_ 






Know the Sources of 
Housing Information... 

With HUD USER’S 
Directory’ 

7 k obtain HvaJ overview of resources in 
h* iisinc and urhin development, the second 
edition of HUDb Dvrtcurrs of Information 
Rto irccs in Housing and Urban Deieiopment 
m a\ be \our kev to information on community 
and economic development, public-private 
teamwork, urban planning, and networking 
with organizations in the field. 

The Directory includes: 

■ Information on 150 housing and urban 
development organizations that are national 


in scope, such as edu¬ 
cational institutions, 

libraries, and public 
agencies. Compre¬ 
hensive entries 

describe each organi¬ 
zation's purpose, 
information services 
provided, and avail¬ 
able publications. 

■ Descriptions of 54 online databases that 
provide scope of the file and the number of 
records, update frequency , sources of data, 
and related user aids. 

■ Contact information for ail entries. 

The Directory is available for $25. Please use 
the order form to obtain copies or call HUD 
USER at 1-800-245-2691. 



Eliminating Barriers to 
Affordable Housing— 
Findings and 
Recommendations 


**Noi in 

My licit h Yurt!" 


The American dream for every family starts 
with a comfortable home in a safe neighbor¬ 
hood reasonably close to the wage earner's 
place of work. Rut excessive and unnecessary* 
government regulations are driving up the cost 
erf homing. In response to these issues, a 
report was released entitled “Not In My 
Backyard T* Remoim? Remdatmv Barriers to 
Affordable 


The Commission 
then presents 31 
recommendations 

for Federal, State, 

and local government 

action and for initia¬ 
tives by local group _ 
and citizens 




[ ’ V ~'V V’