After weeks of fraught negotiation, House of Representatives Speaker John Boehner (R-Ohio) announced that both houses of Congress had reached agreement on passing the Homeowner’s Bill of Rights (HOBOR), which uses the preemption doctrine to abolish most local planning restrictions. President Obama announced that he would sign the bill, which includes several provisions pushed by urban environmentalists. While the majority of Republicans announced their intention to vote yes and the majority of Democrats announced they would vote no, HOBOR relies on cross-bench support, as several prominent Republican lawmakers identified with the Tea Party, including presidential hopefuls Senators Ted Cruz (R-Texas) and Rand Paul (R-Kentucky), announced they would oppose the bill on the grounds of federal overreach.
Despite early environmentalist hopes that the bill would be narrowly targeted at suburban single-family zoning, HOBOR casts a wide net. It preempts any separation of residential, commercial, and industrial uses; maximum heights and floor area ratios; open space requirements; environmental restrictions including noise limits and endangered species protections; urban growth boundaries; parking minimums and maximums; single-family mandates; form-based codes; anti-McMansion ordinances and minimum lot sizes; affordable housing mandates; and setback requirements. It also requires the federal government to study privatizing federal land adjacent to urban areas and to consider the effects of growth controls on the housing market, a move that is expected to liberalize construction in the West. It does not preempt private deed restriction, despite an attempt by urban Democrats to ban it, but does ban cities from giving public incentives for it.
Boehner’s office released a statement, “The Homeowner’s Bill of Rights will prevent power grabs by special interests and by the federal government, and reduce the level of regulation in America’s cities.” Governor Greg Abbott (R-Texas), who recently proposed a similar law in Texas before Congress federalized the issue, credited Texas’s strong economy to loose zoning, and specifically praised Houston’s lack of zoning as an engine of economic growth.
On the Democratic side, New York City Mayor Bill de Blasio offered tepid support for the bill, saying that he expected the increased pace of construction to create jobs and affordable housing in the city, but added that the city would maintain its rent stabilization program. New York housing advocates were involved in obtaining necessary bipartisan support for the bill, and the city’s all-Democratic Congressional delegation is planning to vote for it, with the exceptions of Reps. Carolyn Maloney and Joseph Crowley. Crowley said in a statement that “the city’s planning laws are a cornerstone of neighborhood protection, and it’s hypocritical that the Republican Party, which claims it supports states’ rights, uses the federal government’s power so blatantly when it suits its needs.”
In San Francisco, opponents took to the street, protesting in front of the office of Senator Dianne Feinstein, the most prominent Senate Democrat to support HOBOR, with signs saying “gentrification = violence” and “the developer’s bill of rights.” A group of protesters attacked a shuttle bus ready to leave for Silicon Valley; the leaders of the main group of the protesters disclaimed the attack, and blamed agents provocateurs, but added that destruction of property is different from violent crime and that to compare the two is itself a form of violence.
On the ideological right, reactions are mixed. National Review has written in favor of the bill, while Reason continues to reject it. Joel Kotkin has editorialized that the bill “paves the way toward high-rises that Americans continue to reject.” Tea Party support is split, but largely negative; several groups have vowed to sue, connecting Democratic support with Agenda 21, the UN position paper encouraging more urbanization and restrictions on suburban sprawl. Senator Ted Cruz threatened to filibuster the bill, and openly called for a constitutional challenge. In contrast, Senator Marco Rubio (R-Florida) plans to vote for the bill. In his statement, Rubio pointed to redevelopment in Miami as “affordable housing provided by the free market without government subsidies paid by tax money” and welcomed Democratic support.
All around the nation, municipalities, business groups, homeowners, landlords, and tenants are preparing for the entry of the bill into force, which is scheduled for this September 1st. New York, San Francisco, Houston, and Chicago have all already written draft planning laws designed to comply with HOBOR restrictions, but city planners are still debating how to adapt to a situation without zoning rules to shape urban growth.
Several real estate companies are planning new skyscrapers in central business districts of multiple cities. In Washington, The Related Companies is planning a 1,330 foot tall, 4.3 million square foot tower in Farragut. In New York, Harry Macklowe, Forest City Enterprises, and Durst Organization are all expected to race to develop the tallest skyscraper in the city, in the East Midtown area; real estate analysts speaking on background expect towers exceeding 2,000 feet in pinnacle height, to overtake One World Trade Center, but closer to 1,500 feet in roof height.
Outside city centers, development is slower, but analysts expect it to accelerate in the coming years. Facebook has already announced an expansion of its campus as well as the construction of apartment buildings in its home city of Menlo Park, California, as well as Atherton and Palo Alto, to house its growing workforce. However, when asked if this trend means less demand in San Francisco and less demand for tech shuttles, a senior Facebook human resources manager speaking on condition of anonymity said, “Most of our new hires still prefer to live in San Francisco, so we may end up seeing more commuters from the city, at the expense of the East Bay.”
Ultimately, analysts agree, it is difficult to gauge the long-term effect of HOBOR this early. However, as an early indication that there would be a move to established business districts, stocks of publicly-traded companies involved in purpose-made redevelopment districts, such as the Boston Seaport and New York’s Hudson Yards, are down by an average of 3% since Boehner announced that he had secured support for the bill, whereas those of other major developers have been sharply rising, by 2-15%. But when asked whether they will scale back their plans, officials in Boston have replied negatively, and have even suggested a $2 billion Silver Line expansion to serve the Seaport.