Opinion: Untangling the co-op snarl
“The people’s representatives
will reach their destination, invested with the highest confidence and
unlimited power. They will show great character. They must consider that great
responsibility follows inseparably from great power. To their energy, to their
courage, and above all to their prudence, they shall owe their success and
their glory.” — Translated from decrees of the
French National Convention, May 8, 1793.
By now, most council members must
have figured out that their notion that the whole council could design co-op
legislation from scratch just using public hearings but without adequate
problem definition, alternatives analysis, or data collection, was ill conceived.
Prudence, as the French advise, would direct the council to own up to the
mistake and take a different tack, as I suggest below. I believe it would
produce a more satisfactory result in less time, even starting at this late
date.
Here are some parts:
The council needs to consider
other alternative living arrangements besides co-ops. For example, two single
mothers with two or three kids each, four or five unrelated senior citizens, or
a group of disabled people with a caretaker could live in a single family house
with arguably more societal benefit and less disruption than eight or 10 or 15
millennials. But none of these have been considered in the current ordinance.
The council is still trying to
solve neighborhood conflicts with more and more rules as to how many people,
cars, meetings, bank accounts, etc. a co-op must have. The presumption seems to
be that sufficiently intrusive rules will force people to behave in a certain
way. But, of course, rules alone don’t make people behave. And real enforcement
would require that the city spend more money, hire more staff and actually
prosecute violators. However, the council’s lack of substantive action to date
has convinced people that the current weak level of enforcement will continue.
The council has also failed to
deal with the market effects of their approach. I’ve already seen a Craigslist
ad for forming a co-op. Apparently the potential to easily turn an
over-occupied rental into a “co-op” is obvious, showing the futility of
attempting to define “legitimate” co-ops. And all these ersatz co-ops will
create a “sellers market,” allowing landlords to escalate rents, significantly
reducing the affordability benefit of co-ops. On the other side, single family
homeowners’ property values will be damaged by the impacts from the expected
change in the quality of neighborhood life. And, even after a year on this
issue, the council has yet to require new residential development to include
units specifically designed for co-ops.
The council should make a fresh
start.
First, the council should take the
“responsibility” that comes along with the “power” and acknowledge that
residents who bought homes in single-family neighborhoods have a reasonable
expectation that their lifestyle will not be significantly disrupted by changes
in the zoning rules. Second, the council should include consideration of the
other alternative living arrangements that might work better for single-family
neighborhoods. These people’s needs also deserve to be recognized. Third, the council
should institute only those rules that they seriously intend to enforce,
including distances for separation of co-op units, limits on numbers of cars
and occupants, etc., and give up on the unenforceable rules that try to control
internal behavior.
Finally, as the “people’s
representatives,” council members who are pushing the co-op agenda should start
treating the current residents of single-family neighborhoods as equally adult
and open-minded as those few who happen to be sitting behind the city council
dais. So the council should give neighbors the power to decide if a co-op can
stay. For example, the properties within a 100-foot radius of a co-op property
would vote every year on whether the co-op should stay, and if two properties
say “no,” then the co-op is gone. This would give the city a real incentive to
enforce its laws so as to help ensure the co-ops’ survival and give the co-op
residents an opportunity to demonstrate their ability to pay attention to their
neighbors’ concerns.
It is my contention that by not
trying to jam co-ops down the throats of the single-family residents and giving
them the power to say “yes” or “no,” these residents will be much more open to
co-ops, and that the current resistance — created by the rather overbearing attitude
of some council members that “we know better than you” — will dissipate. And it
will also allay fears that this is all really a stalking horse for opening up
single family neighborhoods to massive redevelopment.