Thursday, March 31, 2022

The Latest from Bend: an Update on ADUs and 110 Units of Affordable Housing

Bend, Oregon's Source Weekly says that although multifamily units, condos, and duplexes are definitely increasing. Since 2001 just 702 ADU applications have been approved but the biggest increase was seen since 2016 with 516 approvals granted.

Source Weekly explains why these units are gaining in popularity and are generally more easily accepted by a certain segment of the population often referred to as "NIMBYS." Read more. 

Meanwhile, the Central Oregon Daily News ireports that Deschutes County has agreed to sell land for affordable housing near Oregon State University's Cascade campus. The land will be home to approximately 110 new units. KOR Community Land Trust plans to work together on an affordable housing project consisting of 30 cottages and 80 apartments. Read more


The Mathematics in Support of Urban Density

A recent article in Full Stack Economics explains that the strongest case for urban density isn't aesthetics: it's math! 

Conversation about land use and building in cities often turns to questions of aesthetics or personal preferences. You find impassioned advocates of various kinds of architecture or lifestyle.

Opponents of density insist on the merits of big yards, or claim that multifamily buildings are eyesores, or get into minutia about how certain types of buildings spur gentrification.

Some folks on the pro-density side are equally aesthetic-minded. They paint a picture of biking in dedicated lanes past cute row houses along narrow, lively streets filled with people and not cars.

My sympathies are with the pro-density side of this argument. But I see the aesthetics as beside the point. To me, it’s just math. The biggest virtues of denser cities flow from ironclad principles of geometry and arithmetic—along with some basic economic concepts.
Affordability is the number of homes

You can house, at most, the number of people you build homes for. The more homes you build, the more people can afford to live in your city.

People in expensive markets who like to block new houses give you a lot of pushback on this point. They like to distinguish between “luxury” and “affordable” housing units, and they worry the market might supply too many luxury units and not enough affordable ones.

But this is a red herring. Markets have a lot of flexibility along quality dimensions. Residents, whether owning or renting, can occupy housing that might not have been intended for their income bracket.

What is much more inflexible is rigid, strict permitting. If your city only permits, say, 200 new homes, with 600 new bedrooms, it would be impossible for your city to satisfy 2,000 new residents.

In the end, the cities that build get the people. Compare, for example, San Jose and Houston. The San Jose metropolitan area has gained just under 500,000 people since 1990. Houston gained 3.8 million. And if you look at their building permits, it is extremely clear why. Each city added about two and a half people for every new unit it permitted over the period.

Wednesday, March 30, 2022

We Could Have More Housing--If Building it Weren't Illegal

On March 27th, the Portland Tribune published a story with the subhead "Washington County needs 3,500 more skilled laborers, but there's nowhere for them to live." 

This article attempts to provide more insight into how we've come to find ourselves in this situation not just in Oregon and Washington, but across the country. 

Many people ask HFO's brokers, "Why is new housing, especially affordable housing, so expensive?" 

Below is a commentary that was written by Michael Munger. It appeared recently in CNSNews, a division of the Media Research Center. It has been lightly edited.

All housing is affordable housing. If developers build cheap housing, the price of all housing except the very most luxurious will fall. Alternatively, and perhaps less obviously, if we build more luxury housing, the cost of all housing will fall, as there will be less pressure for gentrification or “teardowns.” This is hopeful: All we need to do to quickly solve the housing crisis is make it legal to build housing.

Generally, in functioning market settings, price signals convey information rapidly transmitted to three sorts of actors. If there is scarcity, prices rise quickly (if allowed). The result is:

  •   Consumers buy or use less
  •   Producers make more (if they are allowed to do so)
  •   Entrepreneurs come up with substitutes (if they are allowed to do so)

In housing, this system is not working because it is not being allowed to work. The regulatory agency Freddie Mac has estimated that the shortage approaches 4 million units nationally. That undercounts the need for people who would like to move to larger or “closer to work” locations. So why is the price mechanism not working?

The short answer is that it is effectively illegal to build housing, so #2 is blocked. And innovation—microunits, accessory dwelling units, etc.—is discouraged, so #3 is ruled out. The only “solution” offered by America’s city governments is scarcity, as far as the eye can see. In a growing consensus that crosses partisanship and ideological boundaries, including this remarkably candid Obama administration report, analysts have concluded we need to make it legal to build housing.

How could it be illegal?

The housing advocacy group “Up for Growth” estimates that between 2000 and 2015, 23 US states used intentional restrictions to block more than 7 million new dwellings that would have been built without the regulations. Even more importantly, perhaps, is that even for units built, as much as 30 percent—and sometimes more—of the final cost was caused by (a) regulatory uncertainty, (b) waiting for approval, or (c) the submission of repeated traffic reports, environmental impact statements, and jumping through other regulatory hoops.

What, specifically, makes building new housing illegal? The following categories of zoning, regulatory, and licensing restrictions all play a role:

  • Minimum unit size/maximum number of units in new development
  • Height restrictions on buildings
  • Setback and lot size minimums or extorted greenspace concession
  • Off-street, often underground, parking requirements, even in poor neighborhoods near mass transit

New developments require an inefficiently large amount of land, much of which must be used as parking, in buildings no more than 4 or 5 stories tall. The housing units themselves generally must be 1,000 square feet or more. 

You can do the math. A Brookings Institution study documents the problem, noting that all three major cost components—land, labor, and materials—face substantial, unnecessary, and unintentional cost bottlenecks. The result is that costs for almost any new unit in areas with burdensome regulations and high land prices will exceed $250 per square foot.

For a 1,000 square foot apartment—smaller than many cities allow without expensive variance permit processes—a developer would need to charge at least $2,750 per month to break even. The usual definition of “affordable” is housing that costs 30 percent or less of the renter’s income. But let’s expand that, and call 40 percent of income-affordable. A worker would still need a pre-tax annual salary of $75,000 to afford our hypothetical minimally legal new apartment.

Worse, municipal restrictions are also the main driving force behind “gentrification,” where (relatively) rich people occupy parts of what little affordable housing exists. Since cities allow wealthy neighborhoods to make it illegal to build market-rate housing, it’s hardly surprising that newcomers, or current residents looking to expand their living space, look to poorer neighborhoods. A recent working paper—by Dr. Kate Pennington of the US Census Bureau—has an interesting finding. We might say “static” gentrification displaces low-income housing. But it’s the more “dynamic” form of gentrification (building new market-rate multifamily buildings in poor areas) reduces renters’ costs. Unfortunately, building new multifamily units is prohibitively expensive and faces regulatory and legal approval delays.

The entire system is oriented toward hypersensitivity to local concerns, with requests for “public comment” built into a system that requires prolonged and expensive petitions for the “right” to build new housing. 

Michael Munger is a Duke University professor of economics, political science, and public policy and serves as an American Institute for Economic Research senior fellow. CNSNews is a division of the Media Research Center, an IRS (501)(c)(3) nonprofit focusing on research and education.

Portland Democratic Socialists Want a new Multnomah County Tax to Fund Eviction Defense Attorneys

The Portland Chapter of Democratic Socialists of America donated more than $3,000 to Tenants Organizing Displacement in their bid to gather enough signatures to send voters a ballot measure in November calling for approval of a capital gains tax to raise $12-$15 million a year for attorneys to represent renters facing eviction. Read more.


 

NMHC: What Rising Interest Rates Mean for Apartment Cap Rates

 

In a new research newsletter, the National Multifamily Housing Council concludes that the effect of rising interest rates in the coming year will depend, in part, on just how much the Federal Reserve decides to raise short-term rates, as well as how long-term rates respond. 

"Interest rate hikes that are too aggressive could put a damper on economic growth prospects, which would have an adverse impact on property values and upward effect on cap rates. Cap rates could also potentially face upward pressure in markets with diminished rent growth projections, as we have seen in the San Francisco and New York City markets over the past five years.

"Still, apartment cap rates are fundamentally a real rate of return that should only be affected by changes to the real rate of interest. Apartments, given the short-term nature of their leases, are uniquely positioned to simply re-price their rents during inflationary periods in order to offset higher nominal interest rates. Even though the 10-year Treasury has already inched upward, the apartment market continues to benefit from historically high occupancy rates and rent growth, causing cap rates to further decrease.

"Furthermore, with apartment transaction volume at record levels, investors may simply be willing accept a lower premium for holding apartment properties. This multitude of factors helps explain the weak historical relationship between nominal interest rates and apartment cap rates."

Read the full newsletter here. 


Sold! 33 Units in Beaverton, Oregon

 


HFO is pleased to announce the sale of Tyee Apartments, 33 units in Beaverton, Oregon. Congratulations to Jack Stephens, Greg Frick, and the rest of the HFO team!

Monday, March 28, 2022

Sold! 7 Units in Portland, Oregon


HFO is pleased to announce the sale of Calhoun Court in Portland. Congratulations to Jack Stephens and the rest of the HFO team!

Thursday, March 17, 2022

Portland Multifamily Report: "Solid Fundamentals"

 

Multi-housing News shared a report by Yardi Matrix on Portland's rental housing market, and it's looking good.

"Portland's high quality of life and relative affordability compared to other Western coastal metros helped its multifamily market throughout 2021. Rent growth slowed but vacancies fell by one percent. 

"The unemployment rate dropped from 6.7 percent in January to 3.2 percent in November, according to data from the Bureau of Labor Statistics, surpassing the U.S. rate by 100 basis points. The employment market registered a 6.0 percent expansion (60,000 jobs) in the 12 months ending in October, 70 basis points above the national average. Professional and business services led gains with the addition of 16,800 positions, followed by leisure and hospitality (15,500 jobs). The latter might be further impacted as the number of infections has been steadily rising.

"Developers brought online 4,850 units in 2021, 79 percent of which were in Lifestyle properties. The new inventory expansion is the equivalent of 2.9 percent of total stock, 60 basis points above the U.S. average. Another 9,029 units were under construction. Meanwhile, investment volume totaled $1.8 billion in 2021, up 33.6 percent from the prior year, and the price per unit rose 9.7 percent year-over-year to $256,843." 

Thursday, March 10, 2022

Rent Control Legislation Up For Consideration Around the Country

From Growing Homes Together's latest report the following anti-rental legislation has been introduced or will take effect.

  • A rent control bill that would limit rent increases to four percent annually was introduced in the Rhode Island legislature on March 2nd. The bill was referred to the House Judiciary Committee. – H 7862  

  • A bill was introduced in the Connecticut State Senate last week that would establish a mechanism to study potential rent control policies. A public hearing is slated this week. – S.B. No. 293 

  • A measure was introduced in the Kentucky State Senate seeking to revoke statewide rent control preemption. A similar measure was previously introduced in the Kentucky House. – S.B. No. 357 

  • On March 3rd, the St. Petersburg City Council in Florida unanimously supported a measure to explore ways in which the city can provide legal support for tenants facing evictions. The move comes following a failed effort to explore rent control, which was voted down in February. – Florida Politics

  • On May 1st, a rent control ordinance that limits rent increases to 3% annually will take effect in St. Paul. Some aspects of the bill remain unclear, and Mayor Melvin Carter III is pushing to exempt new construction in order to encourage development in the city. – Minnesota Reformer 

  • Following a lawsuit filed by the “Not In My Backyard” advocacy group Save Berkley Neighborhoods, UC Berkley has been forced to slash its enrollment for the 2022-2023 school year. The group raised concerns that the university’s failure to provide sufficient housing for its incoming students would result in new housing construction across the city. – Morning Brew 
Meanwhile, in support of rental housing:

  • A pair of bills were introduced in the Georgia state legislature that would prohibit local governments from enacting any restrictions including permits, conditions, fees or amenity requirements on housing that is used or is intended for use as a long-term rental. – Appen Media

Wednesday, March 9, 2022

Oregon Eviction Grace Period Ends Along With Protection for Unauthorized Guests

Rental home providers now have the ability to pursue debts from the emergency period. However, as attorney Bradley Kraus writes, exactly what to put in those notices requires understanding how payments were applied during COVID-era protections. 

During the COVID-era protections, payments that were received from any source on or on behalf of the tenant were required to be applied in a certain manner. First, they were applied to the current month’s rent, followed by utilities, late fees, and finally, any other claims against the tenant. It is important that landlords scrutinize their ledgers to ensure they have applied payments correctly over the past months.

As of March 1, the old application of payments method found in ORS 90.220(9) returns. That means that payments received from the tenant are now applied as follows:

(A) Outstanding rent from prior rental periods;

(B) Rent for the current rental period;

(C) Utility or service charges;

(D) Late rent payment charges; and

(E) Fees or charges owed by the tenant under ORS 90.302 or other fees or charges related to damage claims or other claims against the tenant.

The above may provide landlords with additional strategies as it relates to pursuing unpaid balances, even if the tenant tenders payment during the month of March.

Unauthorized Guests

Another change as of March 1 is the sunsetting of Senate Bill 282’s protections against unauthorized guests.

During the COVID-era rules, landlords were unable to enforce unauthorized-guest provisions in their rental agreements. Landlords were required to offer these guests the ability to apply to become temporary occupants if the guests could satisfy their criminal criteria and enter into a temporary occupancy agreement. As of March 1, landlords are now free to enforce the unauthorized-occupant restrictions in their leases in the normal course. That means, assuming the landlord can prove that an unauthorized possessor is staying at the premises, a Notice of Termination For Cause may be an option.

Finally, landlords should keep in mind that eviction protections related to rent assistance remain in place throughout most of this year pursuant to Senate Bill 891.

That means that landlords must continue to serve non-payment notices with the SB 891 disclosures, which can be found in the bill itself. Any notice without these disclosures is defective. If a landlord has non-payment termination rights, even one based upon the emergency balance, a tenant’s provision of rent-assistance documentation may still require a landlord to pause termination efforts. Documentation can come in many forms, but if a tenant provides written proof—not simply verbal statements—that they have a pending application for rental assistance, landlords may not serve a non-payment notice or initiate or continue an eviction based upon non-payment.

Bradley S. Kraus is an attorney at Warren Allen LLP. His primary practice area is landlord/tenant law, but he also assists clients with various litigation matters, probate matters, real estate disputes, and family law matters. You can reach him at kraus@warrenallen.com or at 503-255-8795

Tuesday, March 8, 2022

Pierce County Rental Assistance Portal Reopens Wednesday, March 9

The Pierce County Rental Assistance Program announced that at 9 am 3/9/2022 its rental assistance portal will reopen here. 

If you applied in 2021 using the old portal:

  • Use the new portal link and select "forgot your password" 
  • Enter your email address and you will be sent a link to reset your password and log in
  • Once you are signed in, please check to see if you are missing any required documents. Upload all documents as soon as possible so that your application can be processed.

If you need to apply (did not apply in 2021) OR if you started an application in 2021 but did not submit:

  • Use the new portal link and select "register now"
  • Please complete the application and upload all documents in order to submit. This includes all landlord information.
  • Both tenants and landlords must submit an application for a unit in order for the application to be considered complete and added to our queue.

Application Updates:

  • We are currently processing applications received on September 22. If you applied after this date, your application has not been referred to a provider yet.
  • If you applied before September 22, and have not been contact by a provider, please check your spam/junk folder first. If you do not find anything from your provider, send an email to HSrent@piercecountywa.gov. Please send your message from the email you applied with or include the email you applied with in your message. 

For more information on what documents are required to submit your application, please click here

Oregon Emergency Rental Assistance Program Ends March 14

Oregon's Emergency Rental Assistance Program has announced it will stop accepting applications for emergency rental assistance on Monday, March 14th. Read more. 

Monday, March 7, 2022

Portland Apartment Pipeline Plunges

 Multifamily construction fell 55% during COVID to the lowest point in a decade. CoStar reported just 4,800 apartments under construction across the four-county metro area, down from 12,000 as recently as the beginning of 2020. 

Mike Wilkerson of ECONorthwest said that he believes there is a stabilization now and with rents rising sharply and low vacancy rates, there is still plenty of  money to be made in Portland which will hopefully lead to "add between 4,000 and 5,000 units on an annual basis."

And while Wilkerson characterized that as good news, Josh Lehner, an economist for the State of Oregon, recently reported to the legislature that Oregon needs 111,000 housing units, including 54,000 units needed for families earning less than $40,000 per year. 

State Economist: Oregon Needs 111,000 More Housing Units

State Economist Josh Lehner is reporting that Oregon has underbuilt housing by 111,000 units in recent decades:

Unfortunately the industry is running into supply side constraints. In general these include the lack of financing, particularly for land acquisition, development, and construction loans, which contributes to the low supply of available land and buildable lots. Layered on top of those are local land use, zoning and parking requirements, permitting processes and design reviews, and the like which are generally well-intentioned, but can reduce the timeliness and number of units being built. Furthermore labor is tight, particularly for an industry that has seen zero productivity increases in recent generations. It will take more workers to built more units. -- Josh Lehner. Read more.

HFO Multifamily Marketwatch - March 7, 2022

This week: Moratoriums are over, Oregon renters now face eviction, and Portland’s rents increased among the fastest in the U.S.

Listen to our latest podcast.

Wednesday, March 2, 2022

Apartment List: February Rents in U.S. Edge Up 0.6%

After a few months of slowing down, rents are back on the upswing, according to the latest report from Apartment List. 

After a slight seasonal cooldown over the past few months, rent growth is back on an upward trajectory, with our national index up by 0.6 percent over the course of February. Even though month-over-month rent growth has moved back into positive territory, it remains substantially cooler than last summer, when rents grew by more than 2 percent per month for four straight months. Year-over-year rent growth currently stands at a staggering 17.6 percent, but most of that growth took place last spring and summer. Over the past four months, rents have increased by a total of just 0.7 percent. That said, this month’s growth was still faster than the pre-pandemic norm for this time of year.

On the supply side, our national vacancy index is continuing to slowly inch up, indicating a gradual easing of the tight market conditions that have characterized the rental market over the past year. We estimate that the national vacancy rate hit 4.5 percent this month, continuing a seven month streak of increases after bottoming out at 3.8 percent last August. Rents increased this month in 74 of the nation’s 100 largest cities, with Sun Belt markets such as Phoenix and Miami continuing to see some of the nation’s fastest growth.

Read more.