Prominent housing law expert Chris Elmendorf has publicly endorsed a nuanced perspective within the Yes In My Backyard (YIMBY) movement, highlighting a critical distinction between state-level and city-level YIMBYism. In a recent tweet, Elmendorf, a Martin Luther King Jr. Professor of Law at UC Davis, praised a piece by Sam Jacobson, stating, "Sam's piece is great too! Read it in the link below. I'm completely on board with the distinction he draws between YIMBYism at the state level and at the city level."
Elmendorf's endorsement underscores an evolving discussion within the pro-housing movement, which advocates for increased housing supply to address affordability crises. His work often focuses on how state legislatures can enact reforms to overcome local government barriers to housing development, such as restrictive zoning and environmental review processes. This state-level approach seeks to mandate housing production and streamline approvals across jurisdictions.
The "state-level YIMBYism" often involves legislative efforts to override local control, pushing for greater density and reduced regulatory hurdles. Organizations like California YIMBY, with which Elmendorf is affiliated, have been instrumental in advocating for such statewide policies, aiming to ensure that cities comply with housing mandates and facilitate construction. This approach aims to counter the "housing treadmill" effect, where local resistance continually stymies development despite broader needs.
Conversely, "city-level YIMBYism" may encompass different dynamics, often focusing on local advocacy, community engagement, and specific zoning reforms within municipal boundaries. The distinction Elmendorf highlights likely pertains to the unique challenges and opportunities present at each governmental tier, where state actions can provide overarching frameworks, while local efforts navigate specific community contexts.
Sam Jacobson, whose work Elmendorf lauded, is a JD candidate at Harvard Law School and serves as the State and Local Government Editor for the Harvard Journal on Legislation. His academic focus on land use law and governmental structures positions him to offer insightful analysis on the interplay between state mandates and local implementation in housing policy. Elmendorf's public agreement with Jacobson's analysis signals a significant alignment on the strategic direction and theoretical underpinnings of the YIMBY movement's future.