“In a truly rare turn of events, California’s successful approach to legalizing more types of housing is serving as inspiration for reforms elsewhere in the country.
Over the past several years, lawmakers in the Golden State have passed a suite of bills that make it much easier for homeowners to build accessory dwelling units (ADUs), sometimes called granny flats or in-law suites, on their property, while also making it harder for local governments to stop such construction.
It’s proven to be one of the few YIMBY (yes, in my backyard)-inspired zoning reforms that has actually led to more housing being built. Now other states and cities with their own affordability crunches are passing or considering their own ADU deregulations.
Last week, New York Gov. Kathy Hochul, a Democrat, released her 200-page State of the State legislative agenda. Among other things, it took a swipe at local rules that prevent homeowners from turning their garage or attic into a new housing unit.
ADUs “can provide an affordable multi-generational housing option that helps families live closer together,” reads the State of the State book. “Current land use restrictions prevent homeowners in some communities from building ADUs.”
The governor’s agenda says she’ll propose legislation that would require localities to allow at least one ADU on owner-occupied residential lots. This legislation, per the agenda, would also prevent localities from adopting rules that legalize ADUs on paper, but prevent their construction in practice.
That reflects a lesson learned from California’s ADU experience, where state laws allowing homeowners to build a backyard apartment have technically been on the books since the 1980s.
For decades, however, cities were able to stop them from being built by imposing infeasible requirements that they come with off-street parking, be a minimum size, or receive special, discretionary permits in order to be built.
It took the passage of several additional bills between 2016 and 2019 limiting what localities could require of ADUs, and then several lawsuits to actually enforce those new rules, to really kick off new ADU construction.
The results have been pretty amazing so far.”
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“To be sure, neither California’s nor New York’s high housing costs are going to be completely solved by more granny flats. But these reforms are an important piece of the puzzle.”
“Complicated local rules, understaffed city departments and slow communication with state regulators have made starting a weed business in California a protracted and risky ordeal. Red tape and paralyzing legal battles are stunting the market’s growth, leaving aspiring entrepreneurs in cities such as Los Angeles, Pasadena and Fresno waiting months or even years for permission to open, often while leasing empty storefronts.”
“The Food and Drug Administration (FDA)..announced that it is permanently loosening restrictions on the abortion-inducing drug mifepristone, allowing women to receive it by mail after a telemedicine session. The FDA had already used its enforcement discretion to allow that practice for the duration of the COVID-19 pandemic. The new policy preserves the option, which will play an increasingly important role as many states impose new restrictions on abortion, especially if the Supreme Court decides that the Constitution does not protect access to the procedure after all.
The FDA first approved mifepristone, a.k.a. RU-486 and Mifeprex, in 2000. The standard protocol for a medical abortion currently involves a dose of mifepristone, which thins the lining of the uterus by blocking the effects of progesterone, followed one or two days later by a dose of misoprostol, which causes uterine contractions. The FDA has approved the use of that regimen up to 10 weeks into a pregnancy. In 2019, according to the Centers for Disease Control and Prevention (CDC), 79 percent of abortions in the United States were performed at nine weeks or earlier.
The FDA originally required that mifepristone be dispensed in person by a medical provider. An FDA-approved research project launched in 2016, the TelAbortion Study, aimed to assess the safety and efficacy of prescribing the drug based on “a video evaluation over the internet.” The program expanded during the pandemic, eventually including 17 states and the District of Columbia. According to a TelAbortion report published last March, covering nearly 1,400 packages of pills mailed from May 2016 through September 2000, “this direct-to-patient telemedicine service was safe, effective, and acceptable, and supports the claim that there is no medical reason for mifepristone to be dispensed in clinics as required by the Food and Drug Administration.””
“the Los Angeles Times published an excellent editorial on Los Angeles County’s continued and outrageous mistreatment of the city’s “iconic” street-food vendors.
The editorial centers on the county’s failure to implement California’s Safe Sidewalk Vending Act. The much-touted, statewide law, which I touched on after then-Gov. Jerry Brown signed it into law in September 2018, was supposed to decriminalize and legalize street vending for the estimated 10,000 underground food vendors in Los Angeles County—and others across the state. As the Times editors detail, that hasn’t happened in Los Angeles.
“Street vending may be legal in California, but for the vendors selling sliced fruit, tacos and other food items it’s nearly impossible to get a permit to operate without fear of penalty, particularly in Los Angeles County,” reads the lede. They blame “state and county public health regulations for selling food from a street cart [that] remain so complicated, impractical and expensive that the vast majority of vendors have not—and cannot—get permitted.”
Hence, years after the law was passed, L.A. County has only issued permits to around two-percent of the underground vendors who sell there. One of the most onerous requirements to obtain a permit, the Times explains, is the rule that vendors must spend thousands of dollars to buy a needlessly fancy food cart that features “four sink compartments, multiple water tanks for washing cookware and hands, and mechanical exhaust ventilation… which is just not practical for vendors who earn $15,000 a year, on average.””
“Mexico’s controversial, year-old, mandatory, front-of-package food warning label law was supposed to help Mexicans make healthier food choices and slash sky-high obesity rates in the country.
The law, which took effect one year ago this week, “requires black informational octagons to be placed on packaged foods that are high in saturated fat, trans fat, sugar, sodium[,] or calories.” Other requirements include that any food which must bear the dreaded black octagon “cannot include children’s characters, animations, cartoons, or images of celebrities, athletes[,] or pets on their packaging.”
Many food producers inside and outside Mexico opposed the labeling law, arguing it’s misleading, burdensome, and paternalistic. The Mexican government, though, claimed the law would lead Mexicans to eat 37 fewer calories per day, which would theoretically result in an average Mexican losing nearly four pounds per year. Some outside Mexico supported the labeling scheme, too. Last year, for example, a World Health Organization (WHO) regional office gushed over the black octagons and gave the Mexican government an award, calling the labels a “public health innovation” that is the “most advanced and comprehensive regulation worldwide.”
But early returns suggest the law’s impact has been negligible at best.
“More than a year after Mexico’s food warning label law took effect, sales of junk food and sugary beverages have not declined significantly, according to a market research firm and a business group,” Mexico News Daily reported last week. “In fact, sales of unhealthy products have increased in some cases, data shows.”
That’s the conclusion of a Mexico-based market research group, Kantar México, which tracks food purchases made by thousands of Mexican households each week. Mexico News Daily also notes that a Mexican government agency says purchases of treats such as candy, chocolates, and soda were higher this past September than they were in September 2020—the same month the WHO rewarded the Mexican government for its purportedly innovative efforts.
Despite the fact the law’s not working as advocates hoped and claimed it would, last week’s Mexico News Daily report notes a Mexican government official praised the labeling scheme as a success because “[c]onsumers are now more informed and empowered to make better choices.””
“Detroit’s city council introduced new rules that will allow food trucks to operate in more parts of the city beginning next spring.
“From an equity standpoint and from a food access standpoint, we believe food trucks should be able to operate in public spaces across the city,” city councilor Raquel Castañeda-Lopez, who introduced the measure, told the Detroit Free Press.”
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“While words such as “fairness and harmony” and “equitably” make for a nice word salad, they mask the true, protectionist spirit underlying the new ordinance.
“Food trucks must be 200 feet away from existing restaurants and 300 feet from entertainment and sports arena areas,” the Freep report indicates, also noting that food trucks may no longer operate after 11 p.m. That’s progress?
Maybe to Larson, whose nebulous, we kinda sorta like it remarks aren’t a huge surprise, given that Downtown Detroit Partnership’s member list includes a host of giant companies and traditional food-truck opponents—including brick-and-mortar restaurateurs and the realty groups that rent space to them.
Indeed, in discussions of expanding food truck access to other parts of Detroit—or any city or town in America—the devil’s in the details.”
“Since 2014, state and local governments have filed thousands of lawsuits against pharmaceutical companies they blame for causing the “opioid crisis” by exaggerating the benefits and minimizing the risks of prescription pain medication. The theory underlying these cases is pretty straightforward: Drug manufacturers lied, and people died.
Two recent rulings—one by a California judge, the other by the Oklahoma Supreme Court—show how misleading this widely accepted narrative is. Both decisions recognize that undertreatment of pain is a real problem and that bona fide patients rarely become addicted to prescription opioids, let alone die as a result.”
“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.”
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“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.”
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“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.”
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“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.”
“On November 4, the United Kingdom’s regulatory authorities approved molnupiravir as a treatment for COVID-19 infections. Meanwhile, the U.S. Food and Drug Administration (FDA) continues to dawdle over approving medications that were so effective that independent Data Monitoring Committees ruled that it would be unethical to continue giving placebos to study participants.
Speaking of dawdling, the FDA has long stymied the development and roll out of another vital component for the effective use of these antiviral medications: namely, at-home COVID-19 testing. Both pills must be taken by people within 3 to 5 days of exposure or symptom onset to be most effective at preventing hospitalization and death. That means that people need to be able to test themselves quickly, easily, and cheaply.
Up until mid-October, the FDA had approved only two over-the-counter at-home COVID-19 diagnostic tests, one of which has now had to be recalled. In the last month and a half, agency regulators have finally gotten around to authorizing nine more.”