Rent Control Coming to Oregon

Oregon is expected to enact rent control in the near future.

Is this a good idea? A consensus of economists is that it is a bad idea.

Liberal and conservative economists both conclude that rent control is bad economics. In a 1992 survey the American Economic Association found 93% of economists agreed that a “ceiling on rents reduces the quantity and quality of housing available.” [1]

Prominent liberal economist Paul Krugman stated in a New York Time op-ed piece that “rent control is among the best-understood issues in all of economics, and—among economists, anyway—one of the least controversial.” [2] Least controversial because the undesirable side effects of rent control are “immediately obvious” to “an economist, or for that matter a freshman who has taken Economics 101.” [3]

Rent controls exacerbate shortages of affordable housing. Rent controls push landlords to convert properties to non-rental uses, such as condominiums.

After rent control was enacted in Boston in the 1970s, about “10 percent of the city’s rent-controlled housing stock was converted to condominiums and moved out from under the grasp of the ordinance.” [4]  After rent control was reversed in the 1980s, the trend away from renting units out also reversed itself. After rent control ended there was “a 6 percentage point increase in the probability of a unit being a rental” as opposed to a condominium, or other use. [5]

Rent controls discourage landlords from investing in upkeep. With rent arbitrarily capped, landlords have less means and less incentive to maintain units. Landlords are only legally obligated to provide housing that is fit for human habitation. They are not obligated beyond that low threshold.

“Though rent control does not seem to lead to catastrophic maintenance failures, it appears to reduce the maintenance performed on rental units. As landlords can be fined for allowing water and heat failures, but not for cracked paint, this result is not surprising.” [6]

Rent controls lower property values of rental properties, often leading government to make up lost revenue by raising taxes on everyone else. The “tax burden is shifted not only to single family homeowners, but also to tenants in the uncontrolled market.” [7]

Policies that increase housing supply, rather than shrink it, might be better policy.

Minneapolis, for instance, has done away with single-family zoning, opening up development of apartments and condominiums.

 

 

 

[1] Alston, Richard M.; Kearl, J. R.; Vaughan, Michael B. (1 May 1992). “Is There a Consensus Among Economists in the 1990’s?”

[2] Reckonings; A Rent Affair, Paul Krugman, New York Times, June 7, 2000.

[3] Reckonings; A Rent Affair, Paul Krugman, New York Times, June 7, 2000.

[4] Navarro, Peter. 1985. Rent Control in Cambridge, Massachusetts. Public Interest 78(4): 83- 100.

[5] Sims, David P. 2007. Out of Control: What Can We Learn from the End of Massachusetts Rent Control? Journal of Urban Economics 61(1): 129-51.

[6] Sims, David P. 2007. Out of Control: What Can We Learn from the End of Massachusetts Rent Control? Journal of Urban Economics 61(1): 129-51.

[7] Navarro 1985, 96.

Justice Department Combats Sexual Harassment of Tenants

The US Justice Department last October announced the Sex Harassment Initiative  to combat sexual harassment of tenants, proclaiming that “No woman should be made to feel unsafe in her own home.”

Two months later the Justice Dept. filed  a lawsuit against a Kansas landlord on allegations he sexually harassed tenants. The sexual harassment lawsuit is based on allegations that the landlord made unwelcome advances and comments, engaged in unwanted sexual touching, and evicted tenants who refused his sexual conduct. Two tenants had previously made these allegations in a Housing and Urban Development complaint.

The Justice Depart. claims that it in 2017 it recovered over $1 million for sexual harassment victims in housing.

Consult with an attorney if you have questions about laws against sexual harassment of tenants.

 

Trump Administration Threatens Marijuana Businesses

The Trump administration recently announced that it is rolling back Obama administration polices that had tolerated marijuana businesses where legal under state law.  Federal prosecutors are now free to enforce federal laws against marijuana, even if legal under local state law.  [1]

The sale and use of marijuana has remained illegal under federal law, despite legalization under state law in several states. Marijuana businesses and the landlords who rent space to them are subject to criminal penalties including imprisonment. Landlords may lose their property in civil forfeiture actions.

Landlords who knowingly rent to marijuana businesses do so at their peril. It is best to consult with an attorney before taking actions that may place your freedom and your property in jeopardy.

 

[1] See this CNN page, for example. http://www.cnn.com/2018/01/04/politics/jeff-sessions-cole-memo/index.html

Recent D.C. Opinion on Lease and Option

In a recent opinion the Chancery Court of the District of Columbia considered what it characterized as an “unusual” and even “bizarre” question:

Does the contract law of the District of Columbia require the owner of a building to accept a lease that no reasonable lessor would ever sign simply to facilitate the lessee’s exercise of a contractual option to purchase the building?

The option holder sought specific enforcement of an option contract.  The owner argued that to exercise the option the option holder had presented a lease that no reasonable lessor would ever sign.  The owner counterclaimed for an alleged lost opportunity to sell the property to a third person.

The court denied both parties requested relief.