NIMBYism

Affordable Housing NIMBYism: Citizen Participation Gone Awry
By Jaimie Ross, Affordable Housing Director

Citizen participation is the bedrock on which Florida's growth management process rests. It takes an active and informed citizenry to help shape a quality community through the development, implementation, and oversight of the local planning and permitting process. An active and misinformed citizenry has the opposite effect. Participation by a misinformed citizenry can frustrate the local planning process and undermine the community's comprehensive plan.

In the early part of the twentieth century, courts began to uphold a community's ability to zone to protect the "health, safety and welfare" of its citizens. The initial concept was positive–a factory spewing noxious fumes should not be located next to someone's home. A skyscraper should not block all the sun from a neighboring apartment. Uses instead should be "good neighbors." When uses are not good neighbors, neighborhood opposition is good citizenship.

But sometimes neighborhood opposition is anything but good citizenship; such is the case when neighborhood opposition to a residential development is based upon prejudice. This is what happens all too often in the development of affordable housing. Either because of malice or misinformation, "neighborhood" opposition argues traffic considerations, overcrowded schools, and other ostensibly legitimate concerns when the opposition is actually based upon fear of race or ethnic diversity, or simply socioeconomic differences.

Oftentimes arguments surround misconceptions about diminished property values, based on the misconception that affordable housing is poorly constructed or designed. NIMBY (the sentiment of "Not In My Back Yard") opposition is easy to spot with one simple test: ask yourself if the opposition would go away if it were an upscale residential development rather than an affordable residential development.

NIMBYism based on discrimination against low income families or people with disabilities is clearly citizen participation gone awry. Neighborhood residents are, at best, undermining local land use and comprehensive planning and, at worst, violating state and federal civil rights and fair housing laws.

Before launching into opposition against a proposal impacting your neighborhood, please get all the facts. Find out what local plans and land development regulations allow. Familiarize yourself with applicable state and federal laws.

Of equal importance is the need for more citizen planners to participate as proponents for affordable housing. Affordable housing production and preservation is critical to the implementation of smart growth and healthy communities. As the Pinecrest case has shown, citizens can effectively promote enforcement of their comprehensive plans. When you hear about local government or private sector efforts to plan for or produce affordable housing, show your support. For assistance with affordable housing issues, contact Jaimie Ross, Affordable Housing Director at 850.222.6277.

The NIMBY Report: Does Design Make A Difference? By the National Low Income Housing Coalition, Fall 2001 - Edited by 1000 Friends' Affordable Housing Director, Jaimie Ross, this report includes a series of articles exploring how better design can help allay community concerns about affordable housing.

The NIMBY Report: Smart Growth and Affordable Housing, by the National Low Income Housing Coalition, Spring 2001 - Edited by 1000 Friends of Florida's Jaimie Ross, this report summarizes efforts to better interface affordable housing and smart growth in New Jersey, Florida, Oregon, Vermont and Maryland.

Lee County Approves Rezoning for Pueblo Bonito (Foresight, Fall 1997)

By Jaimie Ross, Affordable Housing Director

"NIMBYism"—the "Not in My Backyard" syndrome—is of growing concern in Florida. It occurs because of opposition to unpopular developments—ranging from affordable housing to hazardous waste incinerators to halfway houses—being sited in or near a neighborhood. While residents often agree these developments are needed, they do not want them near them.

The Spring 1996 issue of Foresight focused on "NIMBYism" in Lee County, where a citizen group formed to block housing for migrant Hispanic farmworkers. After more than a year of legal challenges, and a finding in favor of the nonprofit developer under the Bert J. Harris Jr. Private Property Rights Act, Lee County is allowing the farmworker village known as Pueblo Bonito to proceed.

Partnership In Housing, Inc., a nonprofit organization established to provide affordable housing for farmworkers in Lee County, proposed developing 150 units for families living in a substandard trailer park subject to constant flooding. 1000 Friends of Florida provided technical assistance, including working with the zoning attorney, providing guidance on funding sources for site acquisition and construction, helping to assemble the development team, and assisting with the application for a HOME loan resulting in $3.5 million in funding.

Typically, the NIMBY crowd emerges when a developer makes a request that requires local government action in a public hearing. In the Pueblo Bonito case, this came about when Partnership In Housing requested rezoning a 26-acre parcel to allow duplexes. The existing zoning permitted mobile homes. Adjoining mobile home park residents barraged the county with hundreds of letters objecting to the proposed farmworker village. In response to the pressure, the County Commission refused to allow the zoning needed for the project to proceed.

When local government denies a rezoning, land use change, or permit, based on the magnitude of the outcry rather than on permissible legal factors, it opens itself up to suit under the federal and state Fair Housing Act. The Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and handicap.

Rob Williams, a Florida Legal Services attorney, filed a Fair Housing Complaint with HUD on behalf of the farmworkers. While the complaint proceeded through HUD and the Department of Justice, concurrent action was undertaken at the local level.

Charles Bigelow, representing Partnership In Housing, used Florida’s Property Rights Act to bring in a special master to determine whether the County action was unreasonable or unfairly burdened the use of the owner’s property. The special master found that the County was unreasonable and did unfairly burden Partnership In Housing’s use of the land. Under the pressures of substantial damages under the fair housing laws, the County accepted the special master’s findings and reversed its land use decision.