Zoning Is Theft. The Set-Aside Is the Windfall Tax. Conversation with Creigh Rahenkamp
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It is a common story of high-demand towns using zoning to keep housing supply from meeting demand with low- and moderate-income families being pushed out.
In this episode, New Jersey's preeminent housing planner Creigh Rahenkamp does a deep dive on our state's half-century attempt to overcome exclusionary zoning. After hearing my recent conversation with Jason Sorens, whose research found no measurable increase in overall housing production, Creigh was furious at what he saw as a mischaracterization of the Mount Laurel doctrine.
As we dig in, however, something interesting emerges: the two of them agree on far more than it first appears. Both agree that Mount Laurel has increased the number of deed-restricted affordable units, but that New Jersey is nowhere near building enough homes compared to real demand. And both point to the same culprit for why: local rules continue to exclude, and complex requirements and approvals run up against economic constraints, making projects impossible.
Where they split is on what the Mount Laurel doctrine is. Sorens evaluates it as a housing production program. Rahenkamp insists it was never that — it's a rezoning doctrine, with deed-restricted units as the mechanism to capture some of the value that zoning had trapped, for the benefit of low- and moderate-income residents.