Reply to MoCo “Attainable Housing” plan and property values

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It will ruin neighborhoods and reduce properties values in some neighborhoods without protections from excessive density. Neighborhoods with protective  covenants and HOA's that prevent multifamily housing will become more valuable. Some properties close in that have higher redevelopment potential will increase in value due to higher land prices. Many of the others will lose value  and resident quality of life will go down hill. Single family communities close to high quality  private schools with strong HOA/Covenants to protect thew neighborhood are likely safe. However, many middle class homeowners in desirable school attendance zones will be financially destroyed if this passes.[/quote]

Federal state and local laws overrule covenants. That’s why covenants like not being able to not sell to certain third of people are outlawed. [/quote]

Not necessarily. Even Washington state did not try to nullify existing covenants that ban multifamily housing. There are constitutional questions about retroactively nullifying covenants that were legal when established. The YIMBYs decided to only ban new covenants enforcing single family zoning (in Washington) because that is probably legal. Racial covenants were determined to be unconstitutional by SCOTUS in 1948, so laws ban them or allow removal are presumptively permissible. However, the same cannot be said for covenants enforcing lot sizes, number of units. etc. There are legitimate reasons for these rules that are completely untreated to protected groups. to exist and the courts and not likely to rule in favor of invalidating them completely. A conservative SCOTUS will almost certainly rule in favor of plantiff's defending their covenants because they will not find a disparate impact argument compelling.[/quote]

yes they can only ban new covenants and would  have to go to court to try and retroactively invalidate covenants that already exists.  as you mention, you can use race or other illegal items in the covenants but covenants on how the neighborhood looks and feels is legal. its no different than an HOA in many cases.

neighborhoods have bethesda have long existing architectural covenants about how the houses look, no tear downs...etc which has been legal for decades.  I suspect every impacted neighborhood will have one before this goes into effect.[/quote]

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