David Schleicher
@profschleich.bsky.social
📤 7020
📥 129
📝 217
Professor, Yale Law School.
reposted by
David Schleicher
Opinion Today
10 days ago
OPINION TODAY featured podcast —
@samuelmoyn.bsky.social
and
@profschleich.bsky.social
speak with
@johnfabianwitt.bsky.social
about his new book, The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America. (Digging a Hole)
opiniontoday.substack.com/i/177452350/...
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David Schleicher
John Fabian Witt
13 days ago
A new pod episode! Come for the nudist beach scenes from the 1920s—stay for fights over the material foundations of 20th-c liberalisms.
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🚨🚨New Pod!! 🚨🚨 We have
@johnfabianwitt.bsky.social
on the pod!!!
@samuelmoyn.bsky.social
and I talk with John about his amazing and must read new book, The Radical Fund
podcasts.apple.com/us/podcast/d...
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Digging a Hole: The Legal Theory Podcast
Social Sciences Podcast · Yale Law School professors Samuel Moyn and David Schleicher interview legal scholars and dig into the debates heard inside law school halls.
https://podcasts.apple.com/us/podcast/digging-a-hole-the-legal-theory-podcast/id1534217240
13 days ago
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David Schleicher
Daniel Trubman
26 days ago
Lol,
@profschleich.bsky.social
was so real for pointing out a lot of housing in New York is ancient (and often kind of shitty): NYC actually does a GREAT job preserving (old as hell) housing!
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David Schleicher
Daniel Trubman
26 days ago
I really appreciate the point from
@profschleich.bsky.social
that focusing on modest reduction in ULURP process length is misguided, as difficulty and time to prepare for ULURP is determined by the requirements of the process. The charter amendments will improve the full approval process.
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Really excited to deliver this lecture on political and structural explanations for the (lack of) quality of big city government services and regulations. Open to the Yale community. On October 27th, register now!
law.yale.edu/yls-today/ne...
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Professor David Schleicher to Present Inaugural Walter E. Meyer Lecture on Oct. 27
Professor David N. Schleicher will present the inaugural lecture of his appointment as Walter E. Meyer Professor of Property and Urban Law, titled “Broken Machines: Law and the Challenge of Making Big...
https://law.yale.edu/yls-today/news/professor-david-schleicher-present-inaugural-walter-e-meyer-lecture-oct-27
about 1 month ago
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With proper link - i wrote this
www.slowboring.com/p/eric-adams
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about 1 month ago
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David Schleicher
Matthew Yglesias
about 1 month ago
Slow Boring forecast that Eric Adams might accomplish good things or housing or might devolve into an orgy of corruption. Turns out it was both.
www.slowboring.com/p/the-path-f...
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David Schleicher
Short Circuit
about 1 month ago
Our Latest Podcast: Won't You Take Me To YIMBYTown? Recorded before a live audience at
@yimbytown.bsky.social
2025! With
@profschleich.bsky.social
@andrewdfine.bsky.social
& Ari Bargil of
@ij.org
!
ij.org/podcasts/sho...
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https://ij.org/podcasts/short-circuit/short-circuit-395-wont-you-take-me-to-yimbytown/
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🚨New Pod!!🚨Sam Moyn and I kick off a new season of Digging a Hole by talking with the great Bob Bauer about the law and politics of executive power
podcasts.apple.com/us/podcast/d...
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Bob Bauer
Podcast Episode · Digging a Hole: The Legal Theory Podcast · 09/19/2025 · 1h 6m
https://podcasts.apple.com/us/podcast/digging-a-hole-the-legal-theory-podcast/id1534217240?i=1000727510223
about 2 months ago
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David Schleicher
Vital City
about 2 months ago
Who isn't at those community board meetings where people line up to oppose developments?
@profschleich.bsky.social
explains why NIMBYism is so successful: it's about who attends versus who is actually impacted. This is democracy meets housing policy.
www.vitalcitynyc.org/articles/loc...
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Vital City | Local Democracy is Land-Use Policy
NIMBYism is an outgrowth of the shape of civic participation in our cities — and producing more housing means changing the dynamics.
https://www.vitalcitynyc.org/articles/local-democracy-is-land-use-policy
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David Schleicher
William Baude
about 2 months ago
Out today: The Fall of Affirmative Action, by Justin Driver
www.amazon.com/Fall-Affirma...
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Justin Driver's new book is out today -- as smart and spicy a set of arguments as you'll find anywhere. One of our most essential public intellectuals. A must, must, must read.
www.amazon.com/Fall-Affirma...
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The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education
The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education [Driver, Justin] on Amazon.com. *FREE* shipping on qualifying offers. The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education
https://www.amazon.com/Fall-Affirmative-Action-Supreme-Education/dp/B0DYCZPKQN/ref=sr_1_1?crid=AKGO1L31V744&dib=eyJ2IjoiMSJ9.GVhMfAu5Kblj3lKF_rRNGM_u4L5ZyKdz0GExmPz7ByCW7QLu7jRiUmfezzPIl26OpgA-ElvO68KWAgsNnGoyDe9ukjetOBVjSkE1M91mR2tl-wMS5HIh7o2ZvQtoKivTju_H-PDVRGPrcCiqynqPsmly4rn97vl_Y-MPTQordCHrjgEROpZiGxoXb-LELsQhXsdj8fXglf4R7PylCUrAaXtA8Ora3GVQRGfBxNow5ac.JkgPwTbCoqMrIUCDNi1YhptDmPyQqd-UKGkO0hyaoDo&dib_tag=se&keywords=justin+driver&qid=1758022826&sprefix=justin+driver+%2Caps%2C85&sr=8-1
about 2 months ago
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David Schleicher
Open New York
2 months ago
"This brazen gambit should fail — for two reasons. First, the ballot language is plenty clear. Second, the BOE has no power to reject proposed charter revisions."
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Vital City | Let New York Vote for More Housing
Stop the underhanded campaign against charter revision ballot proposals.
https://www.vitalcitynyc.org/articles/let-new-york-vote-for-more-housing
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David Schleicher
Emily Hamilton
2 months ago
I think the commonwealth desperately needs procedural simplification to help upzoning stick in addition to the legal perseverance
@profschleich.bsky.social
recommends:
www.theargumentmag.com/p/yimbys-bea...
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The complex interpretations of the NBA Constitution, evidentiary issues, and concerns about bias make the case for taking interpretative responsibility out of the hands of the Commissioner and putting it in the hands of a private-Court like institution
papers.ssrn.com/sol3/papers....
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2 months ago
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David Schleicher
I have a new column out in
@vitalcitynyc.bsky.social
about the forces and people who will make or break a Mamdani administration
www.vitalcitynyc.org/articles/mam...
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Vital City | Mamdani’s Facilitators, Frenemies or Foes
What the Democratic nominee promises may be less important than what these groups do.
https://www.vitalcitynyc.org/articles/mamdanis-facilitators-frenemiesor-foes
2 months ago
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I have a new column out in
@vitalcitynyc.bsky.social
about the forces and people who will make or break a Mamdani administration
www.vitalcitynyc.org/articles/mam...
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Vital City | Mamdani’s Facilitators, Frenemies or Foes
What the Democratic nominee promises may be less important than what these groups do.
https://www.vitalcitynyc.org/articles/mamdanis-facilitators-frenemiesor-foes
2 months ago
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Gross. It is far, far, far easier to understand what these ballot measures will do than it is to know anything relevant about city council candidates!
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2 months ago
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David Schleicher
Payton Chung
2 months ago
Also, two more examples for
@profschleich.bsky.social
www.bisnow.com/washington-d...
citybuildernc.org/p/raleighs-m...
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'Broken Process': Why 4,000 Units Of D.C. Housing Are Stuck In Federal Court
With 4,000 units of D.C. housing awaiting the decision of federally appointed judges, developers and planners say the process is stifling the District's growth
https://www.bisnow.com/washington-dc/news/multifamily/broken-process-why-4000-units-of-dc-housing-are-stuck-in-federal-court-76657-76664
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David Schleicher
Jerusalem Demsas
2 months ago
This morning, OG YIMBY
@profschleich.bsky.social
argues that the pro-housing movement needs to focus more on the problem of state trial court judges.
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I have a new essay
@theargument.bsky.social
on the increasingly challenging problem of NIMBY state trial court judges.
2 months ago
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David Schleicher
Stephen Jacob Smith
2 months ago
Filtering happening in real time in Jersey City
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Someone just asked about this piece of mine about how land use regulations will limit and shape the benefits of self-driving cars and other transportation technologies. It's nearly 10 years old, but I think it holds up!!
papers.ssrn.com/sol3/papers....
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How Land Use Law Impedes Transportation Innovation
A certain breed of economists and techno-futurists regularly point to the potential for innovation in the transportation sector to spur economic growth. Such p
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2763696
3 months ago
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David Schleicher
Stephen Jacob Smith
3 months ago
Local government has been on HTC’s side so hard that one mayors ago NYC banned basically all new hotels at their request, the current mayor with a pretty different ideological disposition hasn’t tried to end the ban, and now we’re getting a third who probably won’t either!
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David Schleicher
Miriam Seifter
3 months ago
My latest scholarship roundup up for
@statecourtreport.org
covers interesting new work on state constitutions, state courts, federalism, and more. (Sorry to report that it’s the back-to-school edition!)
statecourtreport.org/our-work/ana...
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Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
https://statecourtreport.org/our-work/analysis-opinion/back-school-scholarship-roundup-state-courts-constitutional-law-and
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Really interesting
@alonlevy.bsky.social
essay trying to explain not only the explanations for high infrastructure costs, but the underlying reasons for them...
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3 months ago
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🚨New Paper🚨I have a new paper out today, discussing how Congress can reduce the costs of building infrastructure, despite the huge political roadblocks to doing so. Meet "The Priority List." It's a
@brookings.edu
@americanenterprise.bsky.social
project. Hope you enjoy!
www.aei.org/research-pro...
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https://www.aei.org/research-products/report/the-priority-list/
3 months ago
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David Schleicher
alex baca
4 months ago
@cselmendorf.bsky.social
and
@profschleich.bsky.social
are two of my faves and this is right. But voltsman worries too much in his thread, imo. It is not a hard political line to draw to say that we can talk aesthetics once we have the space to, which necessitates legalizing more housing.
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David Schleicher
Jake Anbinder
4 months ago
Honest to goodness trying to figure out what “corporate power” is supposed to mean in this context
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David Schleicher
Short Circuit
4 months ago
Short Circuit is coming to
@yimbytown.bsky.social
! A live podcast recording w/
@profschleich.bsky.social
@andrewdfine.bsky.social
Ari Bargil &
@ijsanders.bsky.social
in New Haven, CT on Sept 15. We'll highlight recent housing cases & where courts are on allowing people to build housing.
yimby.town
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David Schleicher
Rebecca Baird-Remba
4 months ago
This is bizarre framing since Essex Street Market is not a city run or city owned grocery store. It’s a bunch of private vendors operating on city controlled property
gothamist.com/news/zohran-...
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Zohran Mamdani is calling for city-owned grocery stores. NYC already has them.
The idea has broad support from progressives, while some critics warn against “radical socialism.” But New York already has city-owned grocery stores.
https://gothamist.com/news/zohran-mamdani-is-calling-for-city-owned-grocery-stores-nyc-already-has-them
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What a weird framing! “Limits on entry help incumbent firms”
www.wsj.com/real-estate/...
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New York City’s Hotel Market Is Envy of the Country
Occupancy and hotel revenue are strong, but the market could face challenges from rising labor costs and declining foreign visitors.
https://www.wsj.com/real-estate/commercial/nyc-hotel-industry-307fcf72
4 months ago
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Would love to hear more about this from people who know Montgomery County. As I understand it, its rent control doesn't apply to units until they are 23 years old.
montgomeryperspective.com/2025/07/11/m...
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MoCo’s Multifamily Construction Market Disappears - Montgomery Perspective
By Adam Pagnucco. In the wake of Montgomery County’s passage of a new rent control law, the county has seen its multifamily construction market disappear. ...
https://montgomeryperspective.com/2025/07/11/mocos-multifamily-construction-market-disappears/
4 months ago
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I thought this Brian Potter essay on selling federal land for housing production--tldr, most federal land can't/wouldn't be built on even if it was sold, but there are a few places where it makes sense--was very sensible and well argued (with handy maps)
www.construction-physics.com/p/should-the...
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Should the Federal Government Sell Land?
An early version of the US Senate budget bill which passed last week included a provision to sell off between 2 and 3 million acres of federal land in western states, ostensibly to be used for homebui...
https://www.construction-physics.com/p/should-the-federal-government-sell
4 months ago
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David Schleicher
Molly Brady
4 months ago
Just posted: new Essay for the state con law club. It examines the states that actually enabled takings for *private use* in the late 19th century, and some of the interesting themes that emerge from debates over the provisions (on "necessity," on nonlawyer drafters)
papers.ssrn.com/sol3/papers....
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Debates Over "Public Use" in the State Constitutional Conventions
Historians and legal scholars alike have previously noted that the meaning of "public use" began to change in the nineteenth century, continuing into
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5328019
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David Schleicher
Max Dubler 🏳️🌈
4 months ago
Leaving aside this woman’s absurd catastrophizing, let us note that this building’s attractive and understated design, which fits with the local vernacular building style, did not prevent the neighbors from going all out in their attempts to block it.
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David Schleicher
M. Nolan Gray 🥑
5 months ago
Shame on Governor Ned Lamont for vetoing this excellent pro-housing bill. Housing costs are the number one issue facing Nutmeggers. His veto of HB 5002 lets the crisis fester for yet another year.
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David Schleicher
JC Policy Circle
5 months ago
Great, substantive discussion of the policy issues in the NYC mayoral race with
@profschleich.bsky.social
, Jamie Rubin and Ed Glasser. Spoiler free summary: they weren't too impressed with any of the candidates' platforms. Spoilers in the summary 🧵below
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I have a new essay about the Charter Revision Commission report in
@vitalcitynyc.bsky.social
. Check it out!
www.vitalcitynyc.org/articles/the...
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Vital City | The Most Interesting Thing on the Ballot this Fall
The ideas of the Charter Revision Commission could turn out to be more important than the race for mayor in New York City.
https://www.vitalcitynyc.org/articles/the-most-interesting-thing-on-the-ballot-this-fall
5 months ago
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reposted by
David Schleicher
JC Policy Circle
5 months ago
Daily reminder to read
@nbagley.bsky.social
and
@profschleich.bsky.social
fantastic piece on how state and local governments are where government lives.
www.niskanencenter.org/the-state-ca...
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New Pod!! Jamie Rubin, Ed Glaeser, and I talked about the policy platforms in Mayoral race. Really fun conversation!
podcasts.apple.com/us/podcast/a...
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Two Top Thinkers on Cities Dissect NYC’s Mayoral Candidates
Podcast Episode · After Hours with Jamie Rubin: A Vital City Podcast · 06/04/2025 · 32m
https://podcasts.apple.com/us/podcast/after-hours-with-jamie-rubin-a-vital-city-podcast/id1794619189?i=1000711107786
5 months ago
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Always read
@noahkazis.bsky.social
. This one is …. Sobering
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5 months ago
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New Pod!!! Richard Primus came on the pod with
@samuelmoyn.bsky.social
and me to talk about his great new book about the constitutional law of "enumerationism"
www.diggingaholepodcast.com/episodes/pri...
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Episode 71: Richard Primus — Digging a Hole: The Legal Theory Podcast
Richard Primus gives us his take on the oldest constitutional question: enumerationism!
https://www.diggingaholepodcast.com/episodes/primus
6 months ago
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My former student Jamie Piltch has a spicy new paper out now on why legislative redistricting should not use "neutral criteria" like county or city boundaries or compactness because it creates partisan and other political bias
wlr.law.wisc.edu/wp-content/u...
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https://wlr.law.wisc.edu/wp-content/uploads/sites/1263/2025/05/18-Color-Piltch-Final-v2.pdf
6 months ago
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David Schleicher
Jacob Hacker
6 months ago
Really excited about this online convening May 19-20 to better understand the contemporary challenges and opportunities of Democratic governance in blue trifectas. Important for housing, climate, inflation, and so much more -- especially today! Register:
t.co/Pm4bIJHn1O
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David Schleicher
The Niskanen Center
6 months ago
"The electorate has plenty of reasons to be unhappy with the quality of American governance. Housing shortages, crumbling infrastructure, climate change — feckless government is implicated in all of them."
@profschleich.bsky.social
@nbagley.bsky.social
www.niskanencenter.org/the-state-ca...
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The state capacity crisis - Niskanen Center
It is an extraordinary fact about the 2024 election that the areas that turned most aggressively toward President Trump were cities and states that have long been Democratic bastions.
https://www.niskanencenter.org/the-state-capacity-crisis/
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David Schleicher
Max Dubler 🏳️🌈
6 months ago
This is very good.
hypertext.niskanencenter.org/p/what-left-...
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What left-wing critics don’t get about abundance
If these reviews are the best that critics of abundance have, the movement has a solid future.
https://hypertext.niskanencenter.org/p/what-left-wing-critics-dont-get-about
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David Schleicher
Max Dubler 🏳️🌈
6 months ago
Single family zoning artificially depresses urban land values by outlawing the construction of many smaller, lower cost homes on prime land. In this way, it acts as a subsidy for rich people who are then able to buy detached single family homes that they could not otherwise afford.
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Alex Schieferdecker
6 months ago
Great piece David, but one quibble—I'm not sure what the Bloomberg source says, but I can clarify that Minneapolis completely eliminated car parking minimums in the same comp plan where single family zoning was shifted to triplex zoning.
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