An increase in local laws that erode multifamily revenue, suppress new construction and increase costs could be helping to drive rents higher beyond high-cost regions to communities across the country, contributing to the growing housing affordability challenge in the United States.
Among the regulations impacting the real estate market are source-of-income laws, eviction regulations, resident screening laws and state preemption laws, according to a MetroSight study supported by the National Apartment Association and the National Multifamily Housing Council. The debate over laws governing housing providers has become polarized, with tenant advocates seeking to protect renters and property owners warning of increased costs and reduced operational viability, the study said.
Source-of-income laws are meant to ensure fair access to housing by restricting housing providers from differentiating applicants based on their income source, as long as that income source is lawful. In jurisdictions where they were in effect, these regulations have led to lease signing delays, greater revenue losses from collections and vacancies, and higher utility expenses, the study found. The number of comprehensive source-of-income rules has been growing for at least three decades, and as of September 2022, they were on the books in 17 U.S. states and 106 municipalities, according to the report.
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Just-cause eviction laws and right-to-counsel statutes are designed to protect renters from arbitrary or retaliatory removal from their homes and ensure fairness in legal proceedings. They also, however, can raise costs by extending eviction timelines, increasing legal fees and the amount of back rent owed, and elevating losses due to vacancies.
Resident screening laws are meant to prevent housing providers from considering past legal history when vetting applicants. Properties operating under these regulations have experienced greater revenue losses and operational expenses in utilities and repair and maintenance. From the perspective of property owners, these restrictions can increase risks associated with selecting a rental applicant, with limited access to background information potentially increasing the likelihood of nonpayment, lease violations or property damage.
“These laws are well-intentioned, but as they have grown more commonplace, their impact on rental market dynamics and the housing supply warrants examination,” the report said. “Economic theory suggests that when housing providers face higher operating costs, they pass some of those costs to residents in the form of higher rents.”
Meanwhile, state preemption laws standardize regulations at the state level and reduce the administrative complexity of localized ordinances. Preemption laws effectively bar cities and counties from approving rent controls, eviction protections or other regulations that go beyond or fall short of state standards. By standardizing regulation at the state level, preemption reduces costs and operational risk and establishes a more predictable environment for multifamily operators, said the report.
“While resident protections are intended to address housing insecurity and promote equitable access to safe housing, the financial burden these regulations place on multifamily owners and operators might unintentionally discourage capital investment and constrain supply, ultimately hurting renters.” the report said. “A nuanced policy approach that incorporates the viability of multifamily rentals for property owners alongside resident protections could mitigate these unintended consequences and support the long-term health of rental markets."
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