When Investment Is a Bad Thing
Credit: PBS Hawaii
In 2008, we saw the dangers of getting real estate markets mixed up with the vagaries of increasingly convoluted capital markets. Allowing the debt on real—historically unmovable—property to be turned into something so illusory led to awful on-the-ground realities; while the credit crisis had far-reaching economic impacts, the sources of the crunch—foreclosed homes bought with subprime mortgages—exist in actual neighborhoods. And, they’re often in clusters, which is even more problematic.
But like you’ve been told by your boss and/or Bush administration officials so many times, the Chinese character for crisis is also the character for opportunity. With so many distressed and foreclosed properties available at below-market rates, the crisis has presented a great opportunity to investors who have the means to purchase and hold onto these properties, and then turn a profit once the housing market rebounds.
For this reason, PolicyLink recently released a report, called “When Investors Buy Up the Neighborhood”. The report uses two distressed neighborhoods in Minnesota’s Twin Cities—North Minneapolis and East St. Paul—as focal points to examine, in incredible detail, the various options municipalities have to prevent unscrupulous investors from having a negative effect on the neighborhoods they invest in. To be clear, though, PolicyLink draws a distinction between scrupulous and unscrupulous investors; they aren’t against investors making money off of the crisis, so long as its done responsibly, with concern for the community.
For example, investors buying a distressed single-family home and turning it into an affordable rental home—not surprisingly—is considered to be one of the better business models. Whereas investors buying blighted properties and sitting on them in anticipation of a “windfall years away”—this is called “mothballing”—has a negative effect on a neighborhood. Responsible investors, and the municipalities that can stand in for responsible investors, have an unfortunate disadvantage when it comes to buying distressed or foreclosed properties: a lack of cash. As the report makes clear, lenders prefer cash transactions to dealing with banks and escrow, and all the other parts of home sales that slow things down. Also, lenders also prefer to sell in bulk, when possible. These two factors make it difficult for local governments and/or responsible investors to do much to intervene in the destabilization of their local housing markets.
I spoke with PolicyLink Senior Associate Sarah Treuhaft over the phone and via email about the report’s findings and suggestions. In Sarah’s words, the report was created to help local governments “put in place strategies and tools that attract positive investor business models – and that deter irresponsible ones”. The report identifies 36 specific strategies grouped into three broader approaches. The first approach is to encourage “homebuyers and responsible investors to buy and fix up foreclosed properties”; the second describes how local governments and nonprofits can “strategically [take] control of foreclosed properties”; and the third describes local policies that can hold “property owners responsible for property condition.”
The most promising programs that the report identifies are called First Look programs. Sarah explains that they were pioneered by a national nonprofit group called the National Community Stabilization Trust. “They negotiated agreements with [the banks] so that community organizations that were working with public dollars…can have a first look at these properties before investors can bid on them. And so that allows communities a chance to compete with investors who are operating with cash, and without any restrictions on their dollars. And, they don’t need to bring their mother by to check out the home they’re going to live in. So it levels the playing field some.”
The largest source of funding for community organizations and local government efforts to purchase foreclosed homes is HUD’s Neighborhood Stabilization Program, reauthorized last year in the American Reinvestment and Recovery Act as NSP2. NSP2 is a continuation of NSP1, a competitive grant program that was established after the foreclosure crisis to help communities facing disinvestment and abandonment. PolicyLink sees it as an important tool for competing with potentially predatory investors. Sarah says “those funds can be used for landbanks, or homebuyer incentives and for nonprofit and public agencies to purchase foreclosed properties and rehabilitate them and sell them. So, NSP is already helping with the positive strategies in the report.” And, Sarah points out, there is a proposed third round of funding on the table, for the years ahead.
The potential for investors to buy up large swaths of housing in poorer neighborhoods and flip them for profit has an ugly precedent: blockbusting. Blockbusting was the practice of scaring urban middle-class white homeowners into selling their homes for significantly less than market value based on the assumption that property values would decline as the neighborhood became ethnically mixed, then turning around and selling the property to minority homebuyers at above-market values for a large profit. It decimated urban neighborhoods, and one could argue—as I have in the past—that it was this private-sector activity, not just poor federal urban policy, that helped destroy inner-city America in the decades following World War II.
Blockbusting, like most unscrupulous real estate deals, relies on an informational asymmetry between the investor, the seller, and the buyer. A similar informational disadvantage exists in neighborhoods hit hard by foreclosure: the properties are sold in bulk, or at auction, or with cash, and rarely make it to the regular housing market. This, I think, is the greatest benefit of First Look programs: leveling both the financial and informational gradients that exist in distressed housing markets.
Sarah points out that when “dealing with housing markets, there’s different ways in which prices get distorted and the real value is very hard to find, and I think that investment activity can make it difficult to find the real value of properties.” Not knowing the real value of properties and the bundled debts associated with them is the reason we’re in this mess in the first place. For those reasons, First Look programs are so effective when coupled with grant money from the NSP; communities and local investors can compete and invest in the future of their neighborhood.
And investment is exactly what places like North Minneapolis and East St. Paul need right now. In that spirit, let’s hope HUD comes through with a third round of NSP funding.
Willy Staley is an Urban Leaders Fellow, sponsored by the Rockefeller Foundation. He writes the Urban Nation column for Next American City, which will cover and comment on federal urban policy throughout 2010. Contact him at willy@americancity.org








Rick Rybeck on Sat, Jun 05, 2010 at 3:30am
Rick Rybeck on Sat, Jun 05, 2010 at 7:57am
The Policy Link report spends a lot of time distinguishing responsible property investment from irresponsible and predatory investment. They could have simplified this task by noting that there are two ways to make money in real estate. First, investors can provide built space for users to buy or rent. These investors hope that the returns will exceed the costs to create and maintain buildings which are a depreciating asset. The second way to make money is to hope that the value of the land appreciates due to external forces such as increases in employment and population, improved public goods and services, etc. Investors who focus on land value appreciation often make little or no investment in buildings and this is the “bad investment” referred to in the report.
While both approaches entail risk, they are very different types of risk. In the first approach, an investor constructs, improves or maintains a building to provide utility to tenants. In the second approach, the investor does little or nothing. And while land values do not alway rise from year to year, the historical trend is clear. Inflation in land values has vastly outstripped inflation in building labor and materials. So, if an “investor” can afford to sit and wait, the likelihood of land value appreciation is favorable.
But when many real estate owners engage in simply waiting for land values to rise, it becomes a self-fulfilling prophecy that contributes to the boom and bust cycles in the larger economy. Initially, as more real estate owners sit and wait, the supply of land available for homes and businesses shrinks. This causes land prices to rise and encourages more investors to follow path number two. But eventually, the cost of land exceeds what users can afford to pay. After a while, speculators are buying from each other and this inflates the land price bubble to the point where it bursts.
Unfortunately, real estate speculators are not the only folks damaged. During the creation of the bubble, families that need housing and businesses that need office, retail or factory space find it more and more difficult to afford it. As a result of excessively high rents, family disposable income declines. This damages businesses at the same time as high business rents cause business owners invest less in new employees and equipment.
The Policy Link report reviews a number of measures that jurisdictions can undertake to prevent or remedy the effects of real estate owners who intend to sit and wait in hopes of land value appreciation. These measures include tax credits, tax abatements for “responsible” owners, land banks, land trusts, eminent domain, code enforcement, nuisance property abatement and fines. Although many of these measures are worthy, some of them are expensive and some require extensive regulation and enforcement.
The report neglects to mention, however, that the traditional property tax exacerbates the problems of “irresponsible” real estate speculation. Owners who improve or maintain their buildings face higher taxes for doing so. Owners who allow buildings to decline are rewarded with lower taxes. Owners who leave lots vacant, often pay little at all. Thus the economic incentives of the traditional property tax are upside down compared to the results we seek.
Some jurisdictions have clued-in to this and have reformed their property taxes by reducing the tax rate on bulding values and increasing the tax rate on land values. This makes it more profitable to be a “responsible” owner. It also takes some of the profit out of being an “irresponsible” owner. Thus, without any additional expense or regulation, this tax reform encourages the private sector to behave more productively. The cover story of the March issue of PM Magazine (published by ICMA) looks at this issue in detail. See http://webapps.icma.org/pm/9202/public/cover.cfm?author=walter rybeck&...