Florida sues city for allowing more housing

[Smuttynose1]

This one is an interesting/depressing/weird story about the promise and peril of housing zoning reform efforts. I'm a bit late to this story, but essentially in late 2022 the City of Gainesville voted to ease its zoning to allow more housing units in traditionally single-family neighborhoods. Many people in Gainesville freaked out (not unexpected) as did the State of Florida (definitely more unexpected/unprecedented) and went so far to sue to try to overturn it. The especially strange thing is that Florida just passed an affordable housing law that actually preempts some local zoning/land use requirements for affordable housing developments. This story is a bit moot as early this year, a new Gainesville City Commission voted to undo the zoning reforms. However, the state's decision to object and insert itself in this so deeply is probably a better reflection of current Florida state politics than anything else --

A Florida state agency - part of whose mission is to promote the development of affordable housing -- is suing the City of Gainesville to prevent the implementation of a zoning reform that would rollback zoning requirements in traditionally single-family neighborhoods to allow for more housing units. The Florida Department of Economic Opportunity asserts that the zoning overhaul "fails to protect neighborhoods and foster the unique character of the city." The state also asserts the reform represents poor land use planning and is contrary to the city's master plan.

Most creatively, and contrary to a significant body of evidence, the Florida DOE spends the most time arguing that the zoning change will hurt housing affordability. Instead the state argues the changes will benefit college students and the wealthy.

Ron DeSantis Admin Says in New Lawsuit That the Free Market Won't Produce Affordable Housing
https://reason.com/2022/12/05/ron-desantis-admin-says-in-new-lawsuit-that-the-free-market-wont-produce-affordable-housing/

Florida Gov. Ron DeSantis' Administration Tells Gainesville To Abandon Zoning Reform
https://reason.com/2022/09/13/florid...zoning-reform/

You can read the state's petition here: https://www.doah.state.fl.us/DocDoc/2022/003609/22003609_375_11282022_16323943_e.pdf

[iheartthed]

That is a very weird position for the state to take. I can see why the state would have an interest in forcing a municipality to build housing... But it's harder to see why a state has an interest in restricting a local municipality from building a specific type of housing.

[digitallagasse]

Because SFHs are the third rail of housing types. Any attempts to allow SFH zoning to be anything more is met with howls. This is why it is so rare to see such changes happen in the first place let alone stick.

IMO is SFHs is all people want then changing such zoning to allow more dense and diverse housing types would result in nothing changing. Along the same thoughts in theory housing types other than SFHs should generally not be as successful do to the lack of people wanting anything but SFHs. So such changes to zoning should be a moot point. That is unless other housing types also have a market. Said zoning changes never banned SFHs but allowed for additional options. Call this what it is, forcing a single choice.

Perhaps let the market determine what housing types are in demand and what the demand for each is...

[iheartthed]

Originally Posted by digitallagasse

Because SFHs are the third rail of housing types. Any attempts to allow SFH zoning to be anything more is met with howls. This is why it is so rare to see such changes happen in the first place let alone stick.

Yes, but SFH zoning is usually a local mandate. States typically don't interfere in local zoning to make it more restrictive. Why would the state have an interest in making zoning more restrictive than what the local government wants?

[mhays]

That's just bizarre. A lot of states and cities have been getting rid of exclusionary single-family zoning, or are moving toward it. This is huge for housing supply and affordability.

[dave8721]

Originally Posted by iheartthed

Yes, but SFH zoning is usually a local mandate. States typically don't interfere in local zoning to make it more restrictive. Why would the state have an interest in making zoning more restrictive than what the local government wants?

Its pretty much standard in Florida that if any local government passes any law of any kind that the ruling state party disagrees with, then that local government will lose the authority to make said law.

[C.]

This one is puzzling! Also very strange bedfellows as the ones complaining about the change to single-family zoning are homeowners in heavy Democrat areas within Gainesville and grass root groups who feel like this would fuel housing speculation while Republicans in the legislature and growth industry (Realtors, developers, contractors) support it.

The main argument that this would not support affordable housing, compared to existing policies, is laughable. Then two days ago DeSantis signs a bill that overrides local zoning restriction to allow tall and dense affordable housing in more areas of the city.

Can't wait to see what the judge rules if it goes to trial since it's so poorly reasoned.

[mhays]

The world would be so much easier if people could grasp one of the most basic truths about growth and affordability: Housing gets more affordable over time--but only if supply grows enough.

[dave8721]

Originally Posted by C.

This one is puzzling! Also very strange bedfellows as the ones complaining about the change to single-family zoning are homeowners in heavy Democrat areas within Gainesville and grass root groups who feel like this would fuel housing speculation while Republicans in the legislature and growth industry (Realtors, developers, contractors) support it.

The main argument that this would not support affordable housing, compared to existing policies, is laughable. Then two days ago DeSantis signs a bill that overrides local zoning restriction to allow tall and dense affordable housing in more areas of the city.

Can't wait to see what the judge rules if it goes to trial since it's so poorly reasoned.

DeSantis signed the bill to allow dense housing in areas already zoned for commercial development. Single family housing is sacred AND MUST NOT BE TOUCHED. Republicans are all for more housing but it is more single family housing in single family zoned areas (i.e. sprawl more) and build more in commercial areas already zoned for it (where those heathen Dem's live, their souls are already lost). But under no circumstances may an area zoned for single family be rezoned to allow anything else. That's crazy talk.

Unfortunately many Dem's aren't much better in that they simply want nothing built (other than maybe government built public housing but not near them). These tend to be the older hippie types.

Good luck getting either group to ever allow mixed neighborhoods.

[jd3189]

Interesting that even after passing that groundbreaking law encouraging more development, Florida still manages to fuck itself over.


Either way, I think it makes the most sense to start zoning up areas around transit corridors to create more TODs. We need more housing, but it would be dumb to provide denser housing without ensuring walkability and access to public transportation.

[C.]

Originally Posted by dave8721

DeSantis signed the bill to allow dense housing in areas already zoned for commercial development. Single family housing is sacred AND MUST NOT BE TOUCHED. Republicans are all for more housing but it is more single family housing in single family zoned areas (i.e. sprawl more) and build more in commercial areas already zoned for it (where those heathen Dem's live, their souls are already lost). But under no circumstances may an area zoned for single family be rezoned to allow anything else. That's crazy talk.

Unfortunately many Dem's aren't much better in that they simply want nothing built (other than maybe government built public housing but not near them). These tend to be the older hippie types.

Good luck getting either group to ever allow mixed neighborhoods.

Disagree. Mixed Neighborhoods are most profitable from a Real Estate development point of view. If Florida is truly open for business, I would except to see more mixed-use developments being proposed.

Lots of good examples in Tampa right now.

[dave8721]

Originally Posted by C.

Disagree. Mixed Neighborhoods are most profitable from a Real Estate development point of view. If Florida is truly open for business, I would except to see more mixed-use developments being proposed.

Lots of good examples in Tampa right now.

Of course they are. I am just saying that important voter groups (old people) like their 1950's single family zoning. Older people are afraid of mixed uses and cities and unfortunately old people vote way more than any other demographic.