REFinBlog

Editor: David Reiss
Cornell Law School

March 12, 2015

Thursday’s Advocacy & Think Tank Round-Up

By Serenna McCloud

March 12, 2015 | Permalink | No Comments

March 11, 2015

Housing Affordability Across The Globe

By David Reiss

The 11th Annual Demographia International Housing Affordability Survey: 2015 has been released. The survey provides ratings for metropolitan markets in Australia, Canada, China, Ireland, Japan, New Zealand, Singapore, the U.K. and the U.S. There are some interesting global trends:

Historically, the Median Multiple has been remarkably similar in Australia, Canada, Ireland, New Zealand, the United Kingdom and the United States, with median house prices from 2.0 to 3.0 times median household incomes. However, in recent decades, house prices have been decoupled from this relationship in a number of markets, such as Vancouver, Sydney, San Francisco, London, Auckland and others. Without exception, these markets have severe land use restrictions (typically “urban containment” policies) that have been associated with higher land prices and in consequence higher house prices (as basic economics would indicate, other things being equal).
Virtually no government administering urban containment policy effectively monitors housing affordability. However, encouraging developments have been implemented at higher levels of government in New Zealand and Florida, and there are signs of potential reform elsewhere. (1-2)
These findings are consistent with Glaeser and Gyourko’s research on U.S. housing markets. Not too many local politicians seem to acknowledge the tension between land use policies that limit residential density on the one hand and housing affordability on the other. The de Blasio Administration in NYC is a refreshing exception to that general rule.
The explicit bias of the Demographia International Housing Affordability Survey “is that domestic public policy should, first and foremost be focused on improving the standard of living and reducing poverty.” (2) Those who favor policies that create more affordable housing should take to heart the call for greater density and less restrictive zoning for residential uses. Otherwise, we are left with subsidy programs that can only help a small percentage of those in need of affordable housing and a lot of empty promises about affordable housing for all. Subsidies have a place in an affordable housing agenda, but so does density.

March 11, 2015 | Permalink | No Comments

Wednesday’s Academic Roundup

By Shea Cunningham

March 11, 2015 | Permalink | No Comments

March 10, 2015

Countercyclical Regulation of Housing Finance

By David Reiss

Pat McCoy has posted Countercyclical Regulation and Its Challenges to SSRN. The abstract reads,

Following the 2008 financial crisis, countercyclical regulation emerged as one of the most promising breakthroughs in years to halting destructive cycles of booms and busts. This new approach to systemic risk posits that financial regulation should clamp down during economic expansions and ease during economic slumps in order to make financial firms more resilient and to prick asset bubbles before they burst. If countercyclical regulation is to succeed, however, then policymakers must confront the institutional and legal challenges to that success. This Article examines five major challenges to robust countercyclical regulation – data gaps, early response systems, regulatory inertia, industry capture, and arbitrage – and discusses a variety of techniques to defuse those challenges.

Readers of this blog will be particularly interested in the section titled “Sectoral Regulatory Tools.” (34 et seq.) This section gives an overview of countercyclical tools that can be employed in the housing finance sector:  loan-to value limits; debt-to-income limits; and ability-to-repay rules. McCoy ends this section by noting,

The importance of the ability-to-repay rule and the CFPB’s exclusive role in promulgating that rule has another, very different ramification. It is a mistake to ignore the role of market conduct supervisors such as the CFPB in countercyclical regulation. The centrality of consumer financial protection in ensuring sensible loan underwriting standards – particularly for home mortgages – underscores the vital role that market conduct regulators such as the CFPB will play in the federal government’s efforts to prevent future, catastrophic real estate bubbles. (44)

While this seems like an obvious point to me — sensible consumer protection acts as a brake on financial speculation — many, many academics who study financial regulation disagree. If this article gets some of those academics to reconsider their position, it will make a real contribution to the post-crisis financial literature.

March 10, 2015 | Permalink | No Comments

March 9, 2015

How Housing Matters

By David Reiss

The Urban Law Institute, with support from the MacArthur Foundation, has launched a web portal devoted to housing, How Housing Matters. According to the website,

the Foundation selected the Urban Land Institute Terwilliger Center for Housing to create and curate a new online portal that would serve as the central source for the growing body of research on how housing matters to other pivotal drivers of individual and community success.

Through this portal and wide-ranging research, publications, convenings, awards, and technical assistance, the ULI Terwilliger Center facilitates the provision of a full spectrum of housing opportunities—including affordable and workforce housing—in communities across the country.

The How Housing Matters site is both a clearinghouse for crosscutting research and a platform for engaging practitioners, policymakers, and researchers across a range of fields. The resources on the site offer practical tools for those committed to using evidence and an interdisciplinary approach to create higher-quality housing.

Through How Housing Matters, the Foundation and the Institute hope to encourage practice and policy innovations that facilitate collaboration among leaders and policymakers in housing, education, health and economic development. The ultimate goal is to better and more cost-effectively help families lead healthy, successful lives.

I am not sure that I like how the website is organized — I don’t find it very intuitive — but I am sure that it will be populated with a lot of important research.

March 9, 2015 | Permalink | No Comments

Monday’s Adjudication Roundup

By Shea Cunningham

  • Shareholders of Deutsche Bank petitioned for cert to the U.S. Supreme Court to clarify the standard for a claim for pleading a fraudulent claim under Section 11 of the Securities Act of 1933 following the Second Circuit tossing their suit in July 2014.
  • 10th Circuit revives National Credit Union Administration’s $550 million suit against Barclays for misrepresentation of the quality of over $555 million in RMBS.
  • First wave of Hurricane Sandy cases settle with FEMA and insurers over the improper cutting of the homeowners’ payouts following the storm.

March 9, 2015 | Permalink | No Comments