Yesterday during the LA City Council’s discussion of the eviction moratorium Marqueece Harris-Dawson quietly made a really important and really radical point when questioning the deputy city attorney in attendance. He asked her if the law would mean that a landlord could evict a tenant for any reason “and [the City of Los Angeles will help [them].” She responded that “the City would be permitting that to happen.” The difference of course is that in MHD’s version the City plays an active role, the role of violent enforcer,1 whereas in the DCA’s version the City is like a passive referee, whose role is merely to regulate voluntary transactions between private parties.
He’s right, of course, and she’s lying. And I don’t mean she’s mistaken. The principle MHD is referring to is well-known to lawyers. It’s the principle on which the Supreme Court decided Shelley v. Kraemer. This is popularly known as the case which outlawed racial restrictions in real estate transactions, but that’s not exactly right. What the case did was outlaw government enforcement of racial restrictions in real estate contracts. Without state enforcement, which necessarily means violent enforcement, racially restrictive contracts, many of which still exist, are meaningless. Continue reading →
Apparently human beings are forced to live on the streets of Los Angeles because it’s “illegal to build housing” here. I guess there are even people who think we can “solve homelessness” in this City by changing or eliminating zoning codes to allow developers to build whatever they want wherever they want?1 These folks self-present as the smartest guys in the room but nevertheless have some pretty kooky ideas about how things work in this City. Just for instance, they seem to think that Los Angeles developers and politicians desperately want to house the homeless but somehow always end up thwarted by the complexity of the problem and a bunch of putatively bad laws that no one likes but somehow got written and enforced anyway.
Neither politicians nor developers can do anything about homelessness despite the fact that they’re in charge of the whole damn City because, the story goes, a bunch of single family homeowners hate apartments and use their vast political power to retain racist zoning laws in order to increase property values. These genius urban theorists, who apparently think it would be easier to get Los Angeles2 to eliminate zoning codes than to build a bunch of public housing, characterize every possible non-market solution to homelessness as leftist naivete. They tout their desired policies as political realism even as they denigrate progressive ideas as impossible and revolutionary. Continue reading →