San Francisco Considers Not One but Two Bills Legalizing ‘Missing Middle’ Housing Citywide. Both Have Flaws.

“In what might seem like a Christmas miracle come early, the San Francisco Board of Supervisors is considering not one, but two, bills that would legalize lower density “missing middle” housing across the city.

Competing proposals introduced by Supervisors Gordon Mar and Rafael Mandelson would both allow the construction of four-unit homes (or fourplexes) on all residentially zoned land citywide. Combined with state-level reforms from earlier this year that make it easier to divide residential plots in half, both bills could theoretically allow up to eight primary residences where only one was permitted before.”

“Unfortunately, the two proposals also include micromanaging regulations that would lead to less missing middle housing being built than a more hands-off free-market approach would produce.

Mar’s bill would permit up to four units of housing on all current Residential House zones, which currently allow between one and three homes. That sounds like a pretty sweeping reform. But there’s a catch.

Mar’s bill would require the new units to be rented out or sold at rates that are affordable to someone making 100 percent of “area median income.” The San Francisco Chronicle, which first reported on the bill, notes that the current area median income in the city is $106,550 for a couple or $133,200 for a family of four.

Affordable monthly rent for a family making that amount of money would shake out to be $2,664, according to a press release from Mar’s office—$2,000 less than pre-pandemic market-rate rents for a typical two-bedroom apartment.”

“Consider what happened in Austin, Texas. In 2019, the city technically abolished single-family-only zoning when it created the Affordability Unlocked program, which allows developers to build larger projects with more units and fewer parking spaces in exchange for making the new homes affordable to lower-income people. Specifically, it allows the construction of up to eight units of housing in single-family-zoned areas. But to build those extra units, a developer would have to make as much as 75 percent of the new units affordable to people earning below area median income, include a certain number of two-bedroom units, and adopt a host of tenant protections.

As a result, few Affordability Unlocked projects have been built in single-family zones. Those that have required substantial subsidies from the city government.”

“Mandelman’s fourplex legalization bill looks like laissez faire in comparison. It allows the construction of fourplexes citywide, without any of the affordability requirements in Mar’s bill.

Nevertheless, it would require newly legal fourplexes to be built at densities no larger than what the city’s current zoning allows for three-unit homes. (Mar’s proposal has the same density restrictions.) According to Hamilton, that means Mandelman’s bill is more suited for permitting triplexes than the fourplexes it technically allows.”

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