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Culture War Roundup for the week of February 6, 2023

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Confession - I am a NIMBY (Part 1/2)

There, I said it. In the circles that I reside in, calling someone a “nimby” comes with a clearly negative connotation, such a strong negative connotation that it stands alone as an argument in favor of any given development or policy change. To make sure that I’m thinking clearly and not just embracing the term because I’m a contrarian (although I am admittedly a contrarian), I turned to Wikipedia to make sure I had a sound working definition:

NIMBY (or nimby),[1] an acronym for the phrase "not in my back yard",[2][3] is a characterization of opposition by residents to proposed developments in their local area, as well as support for strict land use regulations. It carries the connotation that such residents are only opposing the development because it is close to them and that they would tolerate or support it if it were built farther away. The residents are often called nimbys, and their viewpoint is called nimbyism. The opposite movement is known as YIMBY for "yes in my back yard".[4]

Well, now that I’ve got a clear definition, yes, that’s exactly me. I support good things in my neighborhood and I’m against bad things in my neighborhood. I even embrace the implied hypocrisy of saying that I don’t care if other people want to have bad things in their neighborhoods, it’s really up to them whether they accept or refuse those things. In the event that such a thing is truly necessary for both neighborhoods to succeed and that one of us must accept the bad thing, I embrace Coaseian negotiated handling of the externalities.

Let’s move on to some concrete examples of my nimbyism. The first one that pops to mind are the frequent local proposals for homeless shelters, family shelters, and similar structures and aid organizations. One of my best friends used to live in a condo that was seated next door to one of these, which gave them a rather first-hand and literal application of what it means to say, “yes in my backyard” to this sort of project, and it was about as unpleasant as you’d expect. The frequency of parking lot fights, ambulances in the middle of the night, and police presence were, again, about you might expect. Without regard to whether such organizations are actually helpful or not, should I want to accept such a similar proposed structure in my backyard? The answer that I give is a fervent no, that inviting the indigent to my neighborhood will make it a worse place to live in just about every conceivable way. I want indigent populations removed from my neighborhood as soon as practicable and legal for the police to do so, for the incredibly obvious reason that this makes my neighborhood a better place to live. Some people feel quite differently from me on this - perfect! Since I don’t want drug addicts and crazy people in the park across the street and others say they don’t mind, we have a Pareto optimal solution. If they actually do feel that there is a cost, we’ll have to come to some sort of Coaseian handling of externalities, but I’ll at least have extracted the concession that it actually does suck to have hobos in your park.

Moving on to one that’s a little less plain to see and that is even more galling to those that think the nimbies must be stopped, let’s talk a bit about housing density. Madison currently faces a housing crunch, caused by economic opportunity and geographic constraints. The city has an unusual abundance of high-skill job prospects as the state’s capitol, home to a large and prestigious university, and large software and biotechnology sectors that have spun off of that university. Geographically, the heart of the city is the largest American city situated on an isthmus, just about one mile wide, running between a picturesque pair of lakes. The city has an ordinance protecting the prominence of the state capitol building, keeping the overall aesthetic of the skyline as it has been. It is also famously tedious to deal with when it comes to historical preservation; if you’d like to enjoy some ridiculousness, check out this recent argument about a bar that Al Capone apparently went to. As a result of these factors, that slice of land is a surprisingly expensive place to live for the Midwest.

Despite the prices, I elected to settle here anyway and I really do love this city. I love the beauty of the city, the historic skyline, the lakes, the biking, the fitness culture, the breweries, the cheese, the parks, the huge farmer’s market, and much more. I even love that it’s the kind of place that a fake Indian nonbinary lunatic would set up shop for fun and profit.Others in my city share that love, but think it should be a cheaper place to live, that we should increase housing density, and this is basically a human right. One recent opinion piece on this has a decent enough piece on a rather villainous and peculiar bit of law here:

An ordinance the Madison Common Council adopted in 1966 defines a “family” as “an individual, or two (2) or more persons related by blood, marriage, domestic partnership, or legal adoption, living together as a single housekeeping unit, in a dwelling unit, including foster children,” though city ordinance does carve out some exceptions for roomers, children, group homes of people with disabilities, and so on. The implication for renters is that, depending on the zoning of an area, it might be technically illegal for more than two unrelated people to live in an apartment together. Restrictions are also tougher for renters than for people who own homes. In our scenario, if one of us had been able to buy a home, it would have been legal for us to live together, but as renters, it would be illegal in most residential districts to share a home.

The neighborhoods with the greatest opposition to this change are already some of the most expensive in the city. Homes currently for sale in Dudgeon Monroe, Vilas, Greenbush, and Wingra Park range between $625,000 and $1.3 million for a 4 bedroom home. They’re not your typical target neighborhoods for student housing. UW-Madison undergrads are a smart bunch, but likely very few of them have the time, money, and energy to hollow out your neighborhood of expensive homes. Most of them are perfectly decent neighbors, too, by the way.

The fact that the current ordinance doesn’t relate to use, but is more about who, is an indicator that it is designed to be discriminatory. While more explicit restrictions against poor people, young people, unmarried people, or students living in certain homes would certainly violate fair housing laws, these thinly-veiled discriminatory ordinances seem to fly under the legal radar. Still, one could argue it does violate city protections based on marital status, income, as well as student status. It actually could be cause for a lawsuit. Some municipalities’ family definitions have been struck down by courts in various locations around the US, and the Attorney General of Wisconsin in 1974 wrote an opinion that these ordinances “are of questionable constitutionality” under the Fourteenth Amendment. It’s discriminatory enough that housing is so gosh-darned expensive—do we really need unjust zoning ordinances on top of the price tag?

Here’s where I bite the bullet and go full nimby - yes! I am in favor of exactly that in my neighborhood. I want to live next to married couples with decent careers. My experiences with poor people and the transiently coupled have shown me that they’re lower quality neighbors. Even aside from trustworthiness, transience, investment in the property, and quality of friends and relatives, we simply don’t share the same cultural norms and preferences. I would rather be around the petit bourgeois. Back to the distinction between being a nimby and having a broader policy recommendation though - I don’t care if someone else in some other neighborhood would like to get rid of this sort of restriction, it’s not like I have some moral prohibition on there being poor people with roommates, I would just rather that my neighbors be a nice married couple that is going to stick around a while. I’ll even cop to the even more villainous take that I rather like the high property values here in part because they serve as an effective barrier against living around the kind of people I don’t want to live around.

homeless shelters [...] gave them first-hand and literal application of “yes in my backyard”

YIMBYs aren't advocating for new homeless shelters, they're advocating for more residential development, generally - and, at the margin, those units will be filled by normal people who are able to pay slightly less than current residents are, not the homeless. (Maybe affordable unit requirements mess with this? idk) Maybe if somewhere went full YIMBY rents would drop a lot, but that seems unlikely imo. YIMBYs claim more housing will help with homelessness not because poor druggies will be able to live alongside rich families, but because increases in stocks everywhere means more rich-ish people can live near you, freeing up units in middle-class areas for middle-class people, who'll put less pressure on poorer areas ... etc.

Coase's theorem relies on zero transaction costs, which are not present IRL when negotiating between diffuse collections of residents and state and local governments. And it guarantees pareto efficiency, which (by definition) leaves massive improvements on the table if a few people are very stubborn, e.g. strongly prefer 'not in my backyard' even over being paid.

So is it that high prices, specifically, keep out the wrong kinds of people? That would still allow a lot of building that might only lower prices somewhat. And is it really worth spending 25-35% of everyone's income on rent to maintain that? Even if [high rent, no building, good communities] is better than [low rent, lots of building, bad communities], there must be a way to achieve 'good communities' without banning building - although not necessarily a politically viable one.

Maybe affordable unit requirements mess with this? idk

"New residential development" in NIMBY cities (as opposed to rural America) usually means tearing down existing single-family homes on large lots and replacing them with high-density housing on small lots, which consists of multi-floor, multi-family apartments, at least 20% affordable or subsidized units, and no yards. While the developer makes a lot of money on these due to the high-density, the price paid per household is almost always lower than the area average, the area loses some of its greenery, and the average social class of the area falls.

I think getting rid of the affordable housing requirement would result in some developers focusing on large high-density, high-cost, high-quality condos near in-demand areas, but the affordable housing requirement puts a limit on unit sizes and quality overall, and makes NIMBY the equilibrium position of a neighborhood.

"New residential development" in NIMBY cities (as opposed to rural America) usually means tearing down existing single-family homes on large lots and replacing them with high-density housing on small lots, which consists of multi-floor, multi-family apartments, at least 20% affordable or subsidized units, and no yards.

I don't know about percentages, but in my portion of a major NIMBY city, development usually does not tear down single family homes, but instead tears down poor-quality 1- or 2- story apartment buildings (often of the dingbat variety, which does not age well at all) and puts up in their place 10-12 story (4-5 of which is above-ground parking) stickbuilt cookie cutter "luxury" apartment blocks with rents that are far higher than the units replaced (because newer and nicer amenities, and often larger individual units).

Jesus, are those stickbuilt things really up to 12 storeys now? We're going to have a lot of deaths when one of those burns. Or are they only 6-7 wood above concrete?

6-7 stories above 4-5 concrete parking-garage floors.

Are you sure? The limit prescribed by the US's International Building Code for apartment buildings (occupancy R-2) has not been increased beyond five stories of heavy timber (type IV-HT) or four stories of dimensional lumber (type V) on top of a concrete podium, with a total building height of 85 feet for heavy timber or 70 feet for dimensional lumber.

But maybe your city uses a different code.

I think there may be a difference with newer engineered timber buildings, e.g.: https://www.fox6now.com/news/worlds-tallest-mass-timber-building-milwaukee-ascent

I think an engineer (def. local authorities sufficiently lobbied) can override this sort of thing -- it's expensive, but definitely is not physically unpossible:

https://www.vancouverisawesome.com/real-estate/tallest-wood-residential-tower-world-vancouver-bc-1943876

I could be wrong and it could just be 5 above the parking. Regardless, they're tall. And expensive. And generally replacing old apartment/condo units instead of single-family homes.