Broad Overview:

“Under all is the land. Upon its wise utilization and widely allocated ownership, depend the survival and growth of free institutions and of our civilization” Opening lines of the National Association of REALTORS® (NAR) Code of Ethics established in 1913 (this was one the first ethical codes for a business organization)

The bundle of rights is a metaphor used in property law to describe the legal rights that come with owning real estate:

• Right of possession: The right to own the property
• Right of control: The right to use and manage the property
• Right of exclusion: The right to prevent others from entering the property
• Right of enjoyment: The right to use and enjoy the property without interference
• Right of disposition: The right to sell, will, or otherwise transfer ownership of the property

What we do with this land and its “Bundle of Rights” has evolved significantly over the years.

As local elected officials we seek to respect the rights of all property owners but, at times we have found the necessity to impose certain guidelines and restrictions, particularly as to where certain things can be built and how they should be built. This has created frictions and as time passes more regulations have not always resulted in better results. We believe guideline should be established to provide for life safety and public benefits but tinkering with policy using building codes or particularly zoning infringes on these property rights.

It is all too clear, America needs more housing. That simple and data-backed statement is both a summary of the current situation, which has its roots in decades of underbuilding, and a North Star for the path forward.

Building housing can be expensive and purchasing of homes at many levels in climbing out of reach for many of our residents, not because the government won’t step in with free money to buyers or developers, but because there isn’t enough inventory in many markets, and it has adverse impacts on pricing. And while society will always have those whose needs can only be met with some degree of public assistance, the fundamental solution for most Americans’ housing pain is more – more options, more building and more opportunity for them to make their own market-based decisions.

Every level of government has a role in the solution, but there’s no denying this is, fundamentally, an issue of local government because that’s where the most responsive decisions can be made. The state has a vested interest in stable, economically healthy communities and local governments have a responsibility, both to their citizens and to the state, to enact policies recognizing abundant housing’s role in that. There are certain factors that affect many of these developing housing complexes and neighborhoods. The growth of new technologies and the desires of homeowners are changing constantly. Antiquated house codes and standards along with a variety of zoning ordinances needs to be revisited in ways that can expedite certain types of building and the type of materials and features that may not suit the needs of this generations home buyers.

Specific Principles:

(1) Ownership Matters

(a) When government barriers stop police, firefighters, and others with middle class incomes from owning homes, the barriers should be removed.

(2) (Really) Local Control:

(a) People have ultimate control and use their property, which means subdividing, building starter homes and accessory dwelling units should all be on the table.

(3) No Mandates:

(a) Not everyone wants or needs a starter home. People who want farms, large homes or any other property of their choosing absolutely must retain the right to do so.

(4) No Band-Aids, No Blank Checks and No Ownership Restrictions:

(a) Government money won’t solve our housing shortage. One-time subsidies to homeowners and taxpayer handouts to developers aren’t the answer; neither are restrictions on corporate ownership.

(5) Evolution, Not Revolution:

(a) Ownership-centric development styles, like small-lot starter homes and cottage-court homes, let individual neighborhoods and whole communities evolve in an organic, incremental way.

Encouraging factory built, controlled environment manufactured homes or allowing      flexible zoning to create space for repurposing cargo containers in a factory setting will help increase the supply of attainable well-built housing.

(6) Everyone Has A Role To Play:

(a) Housing problems can’t be solved if it means running roughshod over people’s rights or trying to fix this serious, complex issue with Band-aid gimmicks. Everyone has a role to play:

(i) The Property Owner is the primary decision maker for their land. Solutions for housing needs shouldn’t erode this basic fact.

(ii) City and County Governments are best positioned to help address housing needs. Communities are different, and cookie-cutter approaches aren’t effective.

(iii) Government must allow some level of flexibility when it comes to the choices of how people choose their heating systems and appliances.

(iv) Too many state, and even local governments are seeking to come inside your home or business to require standards that restrict your choice of heating systems, appliances and energy efficiency methods (from insulation, to windows, to sprinkler systems.) These are all cost drivers and invade on the fundamental choices that homeowners need and want to make.

(v) Our communities have a long-term interest in access to flexible, affordable housing. Expanding options for local governments and reinforcing the rights of property owners are two natural and strong areas for action.