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Affordable housing bill passes committee, cities have alternate version

A new version of a bipartisan housing measure intended to help first-time homebuyers purchase starter properties advanced through a House panel Tuesday, but it may have to compete with an alternative proposal from Arizona’s cities and towns looking to achieve the same goal.

The House Commerce Committee on Tuesday passed HB2371, this year’s version of the “Arizona Starter Homes Act,” as lawmakers are preparing to negotiate with municipal leaders to avoid last year’s veto outcome. 

“This is the start of the process,” said the bill’s sponsor Rep. Leo Biasiucci, R-Lake Havasu City, said. “We need to figure something out.” 

The measure would prevent cities from regulating specific design features of homes, including walls, fences, garages and specific building materials used for construction. Under the bill, cities also couldn’t require minimum lot sizes to be built any larger than 1,500 square feet for new developments that are at least five acres in size.

It is nearly identical to last year’s version of the bill, which was vetoed by Gov. Katie Hobbs and widely opposed by municipalities. 

This year’s bill now includes a provision to address a concern from the U.S. Department of Defense of allowing higher density zones near military installations, primarily Luke Air Force Base located west of Glendale. 

One of the main holdups of the bill is the difference in opinion to go about addressing housing affordability between municipal leaders and homebuilders. 

“Starter homes have been outlawed in many communities, especially in the greater Phoenix metro area,” said Spencer Kamps, the vice president of Legislative Affairs for the Home Builders Association of Central Arizona. 

Kamps referenced a specific project a builder has proposed in San Tan Valley for $260,000. He said adding a garage to the home would bump the price up to $350,000 but the builder has repeatedly been denied getting the project approved by municipalities in the Phoenix area.

“They never get to the (city council) because staff says no,” Kamps said. “We want entry-level housing.”

But city leaders say there’s no guarantee the Starter Homes Act will result in affordable units being built since the measure doesn’t include a provision that conditionally requires lower prices for homes. 

Nick Ponder, the senior vice president for governmental affairs at HighGround Public Affairs Consultants, lobbying for the League of Arizona Cities and Towns, said another major concern for cities is that there’s nothing in the bill that would prevent starter homes from being bought by corporations to then be sold at a higher price.

“In reducing lot sizes, that doesn’t necessarily translate to affordability,” Ponder said. “A 5,000 square foot lot in Queen Creek is $400,000 or $350,000.”

The median home price in Arizona as of December was about $450,000 according to the real estate brokerage Redfin. That’s an increase from $287,000 from December 2019. 

Supporters of the bill say the lower lot sizes would naturally lead to lower home prices, since less materials are being used to construct homes. 

“You have builders that want to bring these homes to market but can’t. They can’t do it,” said Jake Hinman, a political strategist with Mavrik Policy Group representing the Arizona Neighborhood Project. 

The bill would only apply to cities with a population of over 70,000, which mostly applies to municipalities within the greater Phoenix metro. Biasiucci said he would like to take the population minimum requirement off but it was the figure that got him enough votes to get the measure out of both the House and Senate last year. 

Both Reps. Walt Blackman, R-Snowflake; and Janeen Connolly, D-Tempe, said during the commerce committee hearing that they would like to see affordable housing policy extended to smaller municipalities.

“Not one mention of the places I represent,” Blackman said. “Are we just going to get the scraps at the table in Legislative District 7?”

An alternate “Starter Homes Act.”

Officials from the League of Arizona Cities and Towns provided details to the Arizona Capitol Times of an alternate bill to Biasiucci’s measure Tuesday. The bill has not been filed yet but the measure has been sent to the Legislative Council to fine tune the language of the measure.

The League’s bill has the same goal of increasing the amount of affordable housing supply. Tom Savage, the legislative director for the League, said Tuesday the League is looking at a slightly bigger minimum lot size of 4,000 square feet, which would better allow cities to regulate density and ensure new homes have appropriate city services.

To address the League’s main issue of guaranteed housing affordability within the bill, is the measure would implement a provision that requires developers to sell properties to an individual or family who makes no more than 120% of the area median income the home is located in. 

HB2371 proposes a 10-foot distance, or setback, in front and behind structures from the property line. The League’s bill proposes a reduced setback as well but Savage said it won’t be as small as 10 feet. The legislation also gives cities some flexibility to require certain design features like a patio or a specific type of landscaping

“(HB2371) tries to apply a one-size-fits all to say Buckeye is no different than Phoenix. That’s not the case,” Savage said. “If it’s affordable, it will be met with a relaxing of regulatory requirements and zoning requirements to achieve that affordability.”

League officials didn’t say who is sponsoring their legislation since the sponsor doesn’t want to be named yet. 

The League would also like to remove a provision from any proposal that goes forward that states the “statewide housing crisis is caused in no small part by highly restrictive regulations imposed by municipalities,” like HB2371 does. 

In the last five years, Arizona cities and towns have authorized more than 350,000 housing units, according to data from the U.S. Census. League Deputy Director Rene Guillen told the Arizona Capitol Times that 220,000 of those units have been completed.  

House Commerce Committee Chairman Rep. Jeff Weninger, R-Chandler, urged cities and homebuilders to work with Biasiucci to get agreeable legislation to the governor’s desk. 

“He (Biasiucci) wants a bill signed. I think he wants to get something done and I’m not sure in the present form, that’s going to pass this test. So I look forward to hopefully some compromise,” Weninger said. 

‘Starter home’ bill to be heard in committee

A sweeping proposal for more affordable houses that Gov. Katie Hobbs vetoed last year is back with only minor changes. 

Rep. Leo Biasiucci’s effort to address Arizona’s housing crisis is to spur the construction of smaller and cheaper “starter homes” has only one tweak from last year’s version: the exclusion of areas around military airports that Hobbs pointed to as a major issue in her veto letter. But Hobbs cited larger concerns as well, calling the proposal filled with “unexplored, unintended consequences that are of great concern” because they placed such major limits on what could be required for new housing. 

Leo Biasiucci
Leo Biasiucci

The proposal from the Lake Havasu City Republican, set for discussion Tuesday at the House Commerce Committee, is one of many expected to be debated this legislative session as the state’s housing crisis continues unabated.

Four major housing bills were adopted last year, including ones allowing backyard casitas in many areas, the redevelopment of commercial buildings into apartments and a requirement for large cities to allow duplexes and triplexes in central parts of larger cities now zoned for single-family homes. 

But those are just the start of what’s needed, according to backers of a statewide housing overhaul. At a news conference two weeks ago at the Capitol, Democratic and Republican lawmakers gathered to announce they would band together to craft bills to address the problem.

“Affordable housing is not a right,” said Rep. Walt Blackman. “However it’s a responsibility as legislators that we provide our next generation with the opportunity to have the type of opportunity that we had, the opportunity that I had, to buy an affordable home.” 

Blackman said the issue is bipartisan. 

Sen. Analise Ortiz, D-Phoenix, said the new housing caucus would have regular lunchtime meetings to discuss what kinds of new laws are needed with anyone who wants to attend – Hobbs included.

“There are so many different layers to this crisis and it’s not just one bill,” Ortiz said.

“Not one bill is ever going to be the magic bullet for this crisis,” she said. “It’s going to be a lot of pieces of legislation working together, and that’s what our bipartisan housing caucus is going to be focused on.”

The state’s shortage of housing can be tied to the mortgage and foreclosure crisis that began in 2007 and that saw metro Phoenix with the highest rate of foreclosures in the nation. That led builders to cut the number of homes they were building for many years even as Arizona’s population continued to increase.

The rise of the short-term rental industry has also been a major factor, with homes that were formally rented out on long-term leases being converted to short-term rentals marketed on Airbnb and Vrbo websites. And soaring home prices in the past five years have kept pressure on regular rentals, with those prices soaring as well.

But in an interview with Capitol Media Services, Biasiucci said that he’s also convinced Arizona’s housing crisis needs a rules reset to prompt the development of smaller, cheaper homes that are affordable. And that means requiring cities and towns to approve new developments that are vastly different from the standard tract homes developed over decades across the state by allowing builders to construct cheaper homes.

His “starter homes” proposal sets minimum lot sizes at just 1,500 feet for any development covering 5 acres or more – the actual size of an average home in the 1960s – and bars cities from requiring that homes be set further than 10 feet from the front and 5 feet from the sides of the home. Cities could not require tile roofs or block walls or any other design element like paint colors. 

“I think if you remove those kind of silly requirements that belong maybe in an HOA, not in a city, that’s going to keep the cost down.” Biasiucci said. “Because when you’re requiring a tile roof or you’re requiring a brick wall, or you’re requiring certain paints, or you’re requiring an enclosed garage, I think this is the city overstepping their authority.”

He said property owners should be making those decisions, not cities and towns. But he expects opposition from the League of Arizona Cities and Towns again this year.

“I know that there’s only going to be pushback from the League and in these cities and towns because they want to have that control,” he said. “But we just feel like it’s gone to a point where it’s not even making it affordable anymore for people to buy a starter home.”

It was the League, which represents Arizona’s 91 municipalities, that led the charge against the major overhaul of zoning regulations last year.”

As a compromise, the measure applied only to those with populations over 70,000, cutting out all but the 19 largest cities. Even at that, it barely passed the Senate last year and had only two votes to spare in the House, although both votes were bipartisan.

Hobbs’ veto killed the plan.

League Executive Director Tom Belshe called last year’s proposal one that “effectively gets rid of single-family zoning and deregulates the standards for development.” And he said the limits on set-back requirements would lead to neighbors “high-fiving from one window to the next between houses.”

The starter home bill is just one of many that have been filed this year as Democrats and Republicans vow to enact legislation designed to address the state’s shortage of housing of all kinds. And more are in the works. 

Those already filed include a measure that would allow churches to develop parts of their properties into apartments if some are reserved for low-income tenants.

A similar measure was introduced by a Democratic lawmaker that passed the House last year but never made it out of the Senate. This year, it’s sponsored by Republican Rep. David Livingston of Peoria, who chairs the appropriations committee. 

Two measures by Rep. John Gillette, R-Kingman, take aim at the housing problem from a different perspective.

One would require cities to accept any building material in a home if it is allowed in other construction. The other is squarely aimed at vacation rentals by reclassifying many of them for tax purposes as commercial properties. 

Biasiucci said that measure would make it “a whole new ballgame” for big investors who now buy up homes to turn them into vacation rentals.

“You would hope that when you reclassify them from a residential property to an actual commercial business, that’s going to stop some of this stuff,” he said.

And Sen. Catherine Miranda, D-Phoenix, has a measure designed to address the homeless crisis by requiring every city over 75,000 in population to have enough shelter space for a quarter of the people living on their streets and establish a judicial diversion program for homeless people. A new state grant program would help offset the cost, although the dollar amount is not specified.

Despite being in the minority party, Miranda said she believes her proposal can get enough support to pass.

“There’s so many different layers, and it’s such a complex issue that each of us kind of grab a layer, a piece of this problem,” Miranda said.

“The last two years, I’ve been working on homelessness,” she said. “This effort here is homeless prevention, which will stop the madness that I’m seeing working with the current homelessness on the street.”

Biasiucci said he’d give it a look. And even if he can’t support her proposal other Republicans might.

“The whole point is, let’s start somewhere. Let’s get the conversation rolling,” he said.

The alternative, Biasiucci said, is to do nothing. And that, he said, is unacceptable.

“We can’t get to a situation that’s happening now in Sedona,” he said.

“Sedona’s solution was we’re going to let you sleep in your car at the park as a place to live for the workers,” Biasiucci said. “That is absolutely insane.”

 

 

Addressing Arizona’s water supply challenges requires common sense, fairness

In the middle of a critical housing crisis, Gov. Katie Hobbs halted the construction of homes in large swaths of Arizona. She did so without legal authority, and based on a deeply inaccurate and flawed claim that Arizona is running out of groundwater. In a state where home affordability ranks among the worst in the country, her action is already having devastating consequences for Arizonans that will only get worse.

Before a subdivision can be approved, the state must issue a certificate showing proof of a 100-year water supply. Since 1980, home builders have proudly adhered to this longstanding policy that for generations has allowed our state’s population to grow while preserving our precious natural resources at the same time. That’s how our state manages to use the same amount of water with 7.5 million residents today as it did 70 years ago when we had fewer than 1.5 million residents. 

Jackson Moll

Citing what the state has called an “unmet demand,” the Hobbs administration now refuses to issue permits for home construction in areas that rely on groundwater for their main water supply. The administration took this drastic action outside of the normal regulatory process in violation of state law, placing an undue burden on both the home building industry and hard-working Arizonans desperate for more affordable housing. It’s one of the most significant bureaucratic overreaches in the history of our state, and it’s why the Goldwater Institute sued the Hobbs administration on behalf of the Home Builders Association of Central Arizona, to protect our state’s ability to conserve its precious natural resources and grow economically for the future.

The Hobbs administration’s Phoenix Active Management Area (AMA) Groundwater Model attempts to show where future development can and cannot occur. Importantly, it shuts down home building in the fastest growing, most affordable areas within the Phoenix market. The lawsuit we’ve filed challenges the lack of a rulemaking process behind the Hobbs administration’s water model, which was completed without following any of the legally required rulemaking procedures that exist to give citizens and regulated businesses the opportunity to comment on proposed rules. This robbed the people of Arizona of any opportunity to evaluate and publicly comment on the assumptions which form the basis for the model. 

Jon Riches

Moreover, the Arizona Department of Water Resources’ concept of “unmet demand” is a term created by the agency that appears nowhere in statute or regulation. It moves the goalposts that previously required applicants to demonstrate “sufficient groundwater for the proposed subdivision.” Without legal authority, the Hobbs administration upended the statutorily mandated process, creating rules that hurt hard-working Arizonans’ ability to buy a home and leaving billions of dollars of stranded investment. 

Arizona law makes clear that these sorts of decisions cannot be made by a bureaucrat with the stroke of a pen. Instead, our elected state lawmakers should properly determine Arizona’s water policy. 

In Arizona, water use regulations are not evenly applied across residential and commercial development. There is a fundamental difference between groundwater used for residential developments and groundwater used by commercial, industrial, or rental buildings. 

For nearly 30 years, home builders have been protecting our groundwater tables by replenishing pumped groundwater. No other industry has put water back into our aquifers to replace the water that is pumped out to the extent of home builders. This sustainable practice ensures a steady supply of affordable homes for Arizona’s hard-working families and protects our groundwater aquifers. The application of the “unmet demand” rule results in home builders being unfairly targeted while other industries are able to mine groundwater without restriction or without having to offset their pumping. 

An illegal halting of the construction of all homes in large swaths of the state is not the answer. Arizona was recently ranked as the ninth-least-affordable state to buy a house in the United States. Buckeye and Queen Creek are two large developments that represent the only affordable communities for many in the greater Phoenix area. Over the last year, median home prices in Queen Creek have risen more than twice as fast as Phoenix, and in Buckeye, they have grown more than three times as fast. Without appropriate action, our housing market will become untenable, reaching a breaking point where a working-class family’s dream of buying a home is no longer attainable. 

The governor and her state agency have acted unlawfully to prevent affordable housing from being built in Arizona. We have an obligation to ensure our water supply is protected, but also a desire to make Arizona the best state to live, work, and raise a family. Governor Hobbs should immediately rescind the unlawful rules that have led to this predicament and ensure that Arizona continues to be a leader on this critical issue.  

Jon Riches is vice president for litigation at the Goldwater Institute. .

Jackson Moll is CEO of the Home Builders Association of Central Arizona. 

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