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Re:The welfare effects of eviction policies by hash872 on Tuesday November 02, 2021 @03:26PM (#29086264)
When I worked in commercial real estate in a blue state I was introduced to the 'right to counsel' concept, which is just wild. Grifters and professional con artists can successfully not pay rent to small-time family landlords (most rental real estate are tiny, unprofessional operations with 1-2 buildings- lots of recent immigrant owners). And when brought to court, they receive free attorneys from legal aid societies, while the owners have to pay thousands out of pocket. I found the whole concept outrageous. I would never want to be a landlord, the risk-adjusted premia just doesn't make any sense
Re:The welfare effects of eviction policies by MrStonedOne on Tuesday November 02, 2021 @05:07PM (#29087372)
The counterpoint i always bring up is my college days """eviction""".

I was 1/2 a day """""late""""" with rent (as in, it was the 1st, and i didn't have it when the landlord came to see me in the morning, as i was on my way to school) came back to find the locks changed, was told i was evicted and even if i paid rent for the next month, all it would get me was my property back.

(reminder, they were demanding i rent for the next month, that hasn't happened yet, as condition to retrieve my property, while telling me it wouldn't result in me being allowed to stay in said unit i just paid the next months rent on.)

Had to use legal counsel help to put a stop to that bullshit.

Re:The welfare effects of eviction policies by chasil on Tuesday November 02, 2021 @06:23PM (#29088280)
As a landlord, some tenants commonly did not pay until after the 15th. I never charged them a late fee.

A few didn't pay me for the last 5 months, and things did not work out with the state.

I will never rent a property again. This pandemic has shown me exactly who is disposable. No governor will again decide that my tenants don't need to honor their payment agreements.

May landlords vanish; I am no longer among their number.

Re:The welfare effects of eviction policies by musicale on Tuesday November 02, 2021 @08:00PM (#29089267)
> No governor will again decide that my tenants don't need to honor their payment agreements.

https://en.wikipedia.org/wiki/CARES_Act#Foreclosure_and_evic...

Re:The welfare effects of eviction policies by ryan_lane on Thursday November 04, 2021 @03:54AM (#29104452)
Don't let the door hit you where the good lord split you.
Re:The welfare effects of eviction policies by _delirium on Tuesday November 02, 2021 @03:58PM (#29086621)
> most rental real estate are tiny, unprofessional operations

The proportion of rental units owned by individuals used to be a large majority, but has been falling and recently dipped under 50%. As of the 2018 Rental Housing Finance Survey [1], there were 48 million rental units in the United States, with ownership breaking down as:

   41% individual
   37% LLP, LP, or LLC
    3% real estate corporation
    3% nonprofit organization
    2% general partnership
    2% trustee for estate
    2% real estate investment trust (REIT)
   10% other or unreported
 
The number DIY managed by the owner or owner's family/associates is similarly down, to 42%, with 54% of units now professionally managed (4% other/unknown).

I don't have numbers, but I'd imagine it looks even more skewed in the direction of professional landlords if you looked at major cities.

[1] https://www.census.gov/programs-surveys/rhfs.html

Re:The welfare effects of eviction policies by PragmaticPulp on Tuesday November 02, 2021 @04:04PM (#29086693)
> 41% individual

> 37% LLP, LP, or LLC

All of the individual real estate investors I know wrap their rental properties in an LLC. It's trivially easy to set up and manage an LLC these days.

Unless those numbers are somehow separating out individual LLCs, I would assume a lot of those LLCs are owned by singular individuals.

Re:The welfare effects of eviction policies by tresil on Tuesday November 02, 2021 @04:48PM (#29087150)
Many properties owned by LLCs are actually small-time investors, individuals, and families. LLCs only became a popular/viable way to own real estate in the last couple decades. Now they are the recommended structure for most rental property owners - whether individuals who own 1-5 properties, or huge institutional investors who own thousands.

I would bet that a good chunk of the trend you’re asserting is just small time rental property owners increasingly using LLCs to limit their liability.

Re:The welfare effects of eviction policies by _delirium on Tuesday November 02, 2021 @04:50PM (#29087171)
The fact that only 42% are now self-managed (54% managed by paid professionals) leads me to believe that the trend is still against the kind of small-time recent immigrant landlords that the post I was replying to claimed to be the typical landlord. I agree some of the LLCs are investment vehicles for individuals, who buy a property, wrap it in an LLC, and pay a management company to rent it out, but that's a bit different (these are just passive investors buying into an asset class managed by professionals). It'd be interesting to know what percentage though. By number of units (vs. number of LLCs) my bet would still be towards most being larger-scale operations.

In fact, as of the time of that report, one of the largest real estate investors in the US, Blackstone Group, was organized as an LP and went in that category (they changed forms to a Corporation in 2019). A few large real-estate investors still organized in the LLC/LP/LLP form are the BH Companies, UBS Realty Investors, Harbor Group International, AEW Capital Management, and Invitation Homes.

Re:The welfare effects of eviction policies by loeg on Tuesday November 02, 2021 @04:58PM (#29087263)
> I agree some of the LLCs are investment vehicles for individuals, who buy a property, wrap it in an LLC, and pay a management company to rent it out, but that's a bit different (these are just passive investors buying into an asset class managed by professionals).

No, creating an LLC for your RE business does not require the use of a management service. The exact same individual landlords can own properties through LLC as without; the LLC just grants them some liability protection.

Re:The welfare effects of eviction policies by _delirium on Tuesday November 02, 2021 @05:08PM (#29087387)
It doesn't require it, no. Nonetheless, the majority of properties are professionally managed, so it is simply false that most landlords are small-time individual owners doing it themselves. If everything under "individual" and "LLC/LC/LP" ownership were small-time individuals doing it themselves as a family business, we'd expect to see closer to 78% of properties be self-managed, not 42%.

The rate of increase of professional management is also pretty high: the 2015 survey had 43% of properties professionally managed, which had risen to 54% by 2018. I'd be willing to bet it's more like 60%+ now as there's been quite a bit of buying into the rental market by large investors.

Re:The welfare effects of eviction policies by nsxwolf on Tuesday November 02, 2021 @05:20PM (#29087530)
A lot of small-time individual owners with single properties pay a management company a monthly fee to handle leases, maintenance calls, stuff like that. It saves a lot of headaches. Is that what you're considering "professionally managed"?
Re:The welfare effects of eviction policies by hash872 on Tuesday November 02, 2021 @05:18PM (#29087510)
>I agree some of the LLCs are investment vehicles for individuals, who buy a property, wrap it in an LLC, and pay a management company to rent it out, but that's a bit different (these are just passive investors buying into an asset class managed by professionals)

None of this is correct. An LLC is just a legal structure you create for a few hundred bucks using a two page document online. They're not 'passive investors buying into an asset class'.... you can still be a mom & pop with an LLC. I'm sure most tiny retail businesses are an LLC too.

I didn't personally see the statistics about professional 'management' on the page that you linked, but that doesn't make one a large-scale investor either. Property management companies usually collect 5-10% of the monthly rent, which is a tiny amount of money, so they're incredibly small scale or shady fly-by-night operations. I suspect you saw a statistic that includes the guy that mows the grass and patches the roof, and thought that was 'professional management'.

I think a better/more focused stat would be to understand how many properties or units each investor owns, rather than continuing to misread this table about an industry you're not familiar with. If you own 1-2 small buildings, you meet my personal definition of 'mom & pop operation'

Re:The welfare effects of eviction policies by truffdog on Wednesday November 03, 2021 @06:05AM (#29092719)
I suspect many immigrant landlords are renting to people from the same background, doing zero paperwork, and responding to no surveys.
Re:The welfare effects of eviction policies by hash872 on Tuesday November 02, 2021 @04:30PM (#29086958)
Yes, as the other commenter mentioned, anyone can set up an LLC so that doesn't mean much. The fact that 41% of landlords have the property in their names & not an LLC just shows you how unprofessional and small-time these operations are
Re:The welfare effects of eviction policies by strawhatguy on Wednesday November 03, 2021 @03:26AM (#29091961)
With landlords constantly legislated against, I wouldn’t be surprised if large landlords have increased. Only larger ones could navigate the bs rules
Re:The welfare effects of eviction policies by the_jeremy on Tuesday November 02, 2021 @04:42PM (#29087076)
My landlord has set up an LLC where he is the only employee.
Re:The welfare effects of eviction policies by robbedpeter on Tuesday November 02, 2021 @07:04PM (#29088709)
LLP, LLC, and SP don't necessarily mean it's not individual or small family business, either. For those numbers to be meaningful, you need to distinguish between small business investors and soulless corporate vampires. Using an LLC can be a prudent and wise move for a married couple or family team.

Seems like the net size of a corporation is an indicator of how little we as a society want it involved in our daily lives - the bigger they get, the more effectively they are exploiting a rent seeking niche, in this case literally.

Re:The welfare effects of eviction policies by hellojesus on Wednesday November 03, 2021 @11:50AM (#29096328)
Others have already commented appropriately, but I also wanted to point out that most investors set up separate LLCs for each property to self-contain risk, which could bias the ownership distribution you listed. A single individual may have 3 properties, each with their own LLC.

In Texas you can use a series LLC to separate risk between properties with a single LLC, but it is the only state I know of that offers it (*I may be misremembering based on a BiggerPockets podcast from a couple years ago).

Re:The welfare effects of eviction policies by joe_the_user on Tuesday November 02, 2021 @04:04PM (#29086691)
And personally/family managed doesn't imply that a landlord is small. Some people with a considerable amount of property still manage it themselves.
Re:The welfare effects of eviction policies by glogla on Tuesday November 02, 2021 @04:28PM (#29086935)
Yup, I know a slumlord who owns 26 apartments just between him and his wife.
Re:The welfare effects of eviction policies by hyuuu on Tuesday November 02, 2021 @04:25PM (#29086907)
The policy + moratorium will end up lowering the percentage of mom and pop landlords, and increasing the share of larger corporations. I draw the analogy just like what's happening to the mom and pop shops vs Amazon. If tenants think landlords are leeches now, well, they are exchanging it with snakes, with lawyers on retainer.
Re:The welfare effects of eviction policies by heavyset_go on Tuesday November 02, 2021 @04:52PM (#29087192)
Many mom and pop landlords are exempted from housing regulations, and are afforded much more leeway in terms of rights and discretion than larger landlords are.

Almost all of the issues I've had while renting were with small landlords. Corporate landlords at least held up their ends of leases in my experience.

Re:The welfare effects of eviction policies by ThunderSizzle on Tuesday November 02, 2021 @05:17PM (#29087491)
I've been looking at SFH rentals recently. 4 beds. The companies that bought all these up are running them into the ground. It's sad what is being passed as proper. And it's not like it's dirt cheap either.
Re:The welfare effects of eviction policies by joe_the_user on Tuesday November 02, 2021 @03:57PM (#29086614)
Rental law is not so hard that an intelligent landlord can't learn the basics and be in a good situation. Oppositely, a small grifter doesn't need a lawyer to walk over an dumb landlord. Since the grifter has done their thing for a while, the know the ropes and the law (where assigned council is just public defender who's job about it about ordinary defense and not outrageous claims).

I'm not terribly sympathetic to landlord in this situation. As far as I can tell, it's the greedy, lazy landlords that get taken by these people - if you follow the letter of the law, keep your premises in good shape and document everything, it's pretty hard to be taken. Oppositely, a lot of landlords skirt the law on a regular basis.

Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @04:03PM (#29086676)
I think the main issue is not whether "good" landlords are affected, but the impact it has on the market. If renting to regular people is a huge liability, the smart landlords will prefer keeping units vacant or bring them up high in the market - where tenants have more means - to avoid dealing with the risk. This leads to the people in need with very little supply they can qualify for. It essentially backfires.
Re:The welfare effects of eviction policies by gregallan on Tuesday November 02, 2021 @04:35PM (#29087002)
If housing becomes prohibitively expensive to people in need just because we hold landlords accountable for abusive actions, maybe we should consider a different way to allocate housing resources.
Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @04:56PM (#29087238)
Sure, but I think this sort of grandstanding doesn't serve the conversation well. We're talking about realistic, incremental policy changes here. The kind of stuff that hopefully solves the problem at hand while limiting the blast radius of what could go wrong. Throwing away how property ownership works in most of the world would likely cause large scale shocks and I think it's disingenuous to suggest these kind of things in a conversation about municipal policies.
Re:The welfare effects of eviction policies by joe_the_user on Tuesday November 02, 2021 @06:46PM (#29088535)
Sure, but I think this sort of grandstanding doesn't serve the conversation well. We're talking about realistic, incremental policy changes here.

So we're saying that making it so tenants can't defend themselves against illegal evictions is going to increase the housing supply incrementally?

Re:The welfare effects of eviction policies by km3r on Tuesday November 02, 2021 @07:00PM (#29088676)
I think it's more saying that there is a line where making it easier and easier for tenants to defend themselves has effects on the total number of houses available for rent, and at a certain point, may reduce the number of housed people. If there was a 10M fee for any evictions, it would certainly reduce the number of unjust evictions, but many landlords would be unwilling to assume that risk and just choose to not rent the property. Obviously its an extreme example, but there is a line somewhere where we can optimize for maximizing our housing supply usage.
Re:The welfare effects of eviction policies by joe_the_user on Wednesday November 03, 2021 @04:43PM (#29100014)
I think it's more saying that there is a line where making it easier and easier for tenants to defend themselves has effects on the total number of houses available for rent, and at a certain point, may reduce the number of housed people.

No number of lawyers allows a tenant to just flagrantly break the law.

The thing is, many landlords casually break the law and generally benefit from doing so - they fail to make timely repair, they take deposits unjustly and so-forth. Most tenants put up with this since fighting it isn't worth their while - the advantage the small opportunistic landlord takes is like a tax that tolerable though not pleasant.

Occasionally you get a sort of cagey and kind of crazy person who turns around and uses all the shenanigan of the sloppy landlord against them. The "grifters" - I've seen these types. Sure, they too will break the law but they get their mileage from the normally sloppy and abusive behavior of the small landlord.

The original poster I replied to on this thread believed that legal aid for tenants is what allowed these "grifters" operate. I dispute that and even more dispute the idea that not legal giving tenants legal aid would increase the housing supply. As I noted, the so-called grifters know the law and removing their free lawyers isn't going to change much. It's average tenants who need lawyers since they don't make a business of staying in apartment when a landlord is trying to legally or illegally evict them.

Further, a change making it easier for a landlord to illegally evict a tenant wouldn't improve the housing situation - the illegally evicted tenants would be looking for more housing and the opened-up units would be at a higher price.

Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @06:57PM (#29088649)
I didn't say this "make it so tenants can't defend themselves". My argument is that punitive policies against landlord are about the only tool being wielded, and the only tool proposed, along with the only alternative being nuclear options.

I think there's definitely a problem that needs to be addressed, and that many landlords are bad actors in many markets, and that may tenants are bad actors in many other markets. I'm not even sure that landlording makes sense, it's rather feudal. I'm pro realistic rent control. I just think that, short of throwing away the entire system and making a revolution (that would kill millions), we should approach the problem from a carrot and stick perspective, not a stick-only perspective.

If you want to make eviction hard for the average tenant, fine. But if you leave it at that, where's the incentive for renting to riskier tenants? There's nothing re-balancing the risk exposure, nothing that makes up for the risk-adjusted expected loss of renting to a risky tenant. If we want these risky tenants to be housed _while_ preventing undue evictions, we need to fix up the incentive structure so that landlords still have something to gain from renting to risky tenants. Otherwise, why would they do it?

Re:The welfare effects of eviction policies by joe_the_user on Tuesday November 02, 2021 @09:56PM (#29090229)
I didn't say this "make it so tenants can't defend themselves". My argument is that punitive policies against landlord are about the only tool being wielded

The only "punitive policy" that's being discussed is giving tenants free lawyers so they can defend themselves in court.

Re:The welfare effects of eviction policies by strawhatguy on Wednesday November 03, 2021 @03:32AM (#29091990)
Not the only policy. But it isn’t a good one to provide a lawyer only for one side. Either both or neither.
Re:The welfare effects of eviction policies by drekk on Wednesday November 03, 2021 @12:58PM (#29097311)
It’s the only one I’ve seen explicitly mentioned. As for the fairness aspect, tenants and landlords aren’t equal partners in the power dynamic. Should the state stop providing free lawyers to defendants, because it doesn’t provide free lawyers to those wanting to prosecute others?

I don’t know where this image of the “yeoman” landlord is coming from, these people are clearly financially stable enough to speculate on a human necessity but also want to be able 100% shielded from any risk? That’s not how business works, though maybe that is how business works now given how many companies and banks US taxpayers are expected to bail out.

Re:The welfare effects of eviction policies by jjav on Wednesday November 03, 2021 @08:57PM (#29102525)
> Should the state stop providing free lawyers to defendants, because it doesn’t provide free lawyers to those wanting to prosecute others?

Well, the state does provide lawyers to the prosecution side, since the prosecutor is the state.

Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @11:23PM (#29090782)
Well, that's not true.
Re:The welfare effects of eviction policies by hash872 on Tuesday November 02, 2021 @05:11PM (#29087418)
You are not accounting for bad faith actors who lie about the landlord's actions for their direct own financial gain. Living rent free in a property is saving a tremendous amount of money! Like, as a % of income it's probably more than the average person pays in taxes. The financial incentives to abuse the system are enormous
Re:The welfare effects of eviction policies by thriftwy on Tuesday November 02, 2021 @04:42PM (#29087080)
I own an apartment. I bought it. How are you going to "allocate" this "resource"? Just try me.
Re:The welfare effects of eviction policies by gruez on Tuesday November 02, 2021 @05:00PM (#29087287)
>How are you going to "allocate" this "resource"? Just try me.

Easy, by having the government send Men With Guns to confiscate it from you.

Re:The welfare effects of eviction policies by thriftwy on Tuesday November 02, 2021 @05:17PM (#29087490)
Well, this has been already tried in my country, and been survived, but yours may possibly indeed have it in the future.
Re:The welfare effects of eviction policies by throwaway0a5e on Tuesday November 02, 2021 @06:34PM (#29088420)
So how big a body pile are you gonna tolerate?

You don't just get to send men with guns to take large chunks of peoples wealth without dire social and economic consequences. To believe otherwise is pure fantasy.

Re:The welfare effects of eviction policies by mdavis6890 on Tuesday November 02, 2021 @07:28PM (#29088946)
Dire economic and social consequences clearly do not discourage authorities from sending men with guns (and threats thereof) to confiscate people's wealth. It happens all over the globe, frequently, and with large magnitude, both 3rd and 1st world and and with the full support of nearly all of the public.

In many places in the US we have government officials who decide who gets to live in which house and how much they will pay for rent. Tenants are part owners in properties, sometimes majority owners.

Re:The welfare effects of eviction policies by imtringued on Wednesday November 03, 2021 @05:49AM (#29092628)
Zimbabwe sent men with guns to take the land of evil white farmers exploiting hundreds of thousands of black farm workers. (this is sarcasm). They lost their agriculture sector, became dependent on food imports without having any export sector (like oil) which ultimately lead to starvation and then finally hyperinflation as the government was no longer able to pay for the imported food.
Re:The welfare effects of eviction policies by lliamander on Tuesday November 02, 2021 @05:30PM (#29087641)
Is that solution you prefer, or are you just answering with what you think gregallan's intentions were?
Re:The welfare effects of eviction policies by gruez on Tuesday November 02, 2021 @11:44PM (#29090905)
I'm not endorsing that solution, only pointing out how such "alloc[ation]" could take place.
Re:The welfare effects of eviction policies by strawhatguy on Wednesday November 03, 2021 @03:35AM (#29092000)
Would take place, government always eventually sends guys with guns
Re:The welfare effects of eviction policies by lliamander on Thursday November 04, 2021 @04:34PM (#29112236)
Fair enough.
Re:The welfare effects of eviction policies by int_19h on Wednesday November 03, 2021 @02:57AM (#29091802)
One simple way that's already practiced in some places is to tax unoccupied residencies - and, ideally, use that tax to subsidize housing. And then you either live in your apartment yourself, or put it up as a rental under the terms required by the law, or you pay up.
Re:The welfare effects of eviction policies by rsj_hn on Wednesday November 03, 2021 @03:09AM (#29091884)
> tax unoccupied residencies

OK, sounds promising

> ..use that tax to subsidize housing

record needle scratch sound.

Subziding housing drives up the price, because it increases demand for housing. Have we not learned this lesson? After so many years, this basic economic fact is still tripping people up?

Please, stop with the housing subsidies. Why do you want to make housing more expensive?

Re:The welfare effects of eviction policies by imtringued on Wednesday November 03, 2021 @05:46AM (#29092620)
Direct housing subsidies don't prevent additional supply. Rent control prevents additional supply.

Also, politicians have to be accountable for the subsidies which means that restrictive zoning will burn a pocket into the local budget. They don't give a damn about losses due to rent control. I.e. they privatize political gains and socialize the economic losses.

Re:The welfare effects of eviction policies by rsj_hn on Wednesday November 03, 2021 @12:57PM (#29097298)
> "Direct housing subsidies don't prevent additional supply".

The idea that the price of housing will not increase if a good is subsidized because the supply isn't "prevented from increasing" is so confused and wrong it literally makes me sad.

We have the data of house prices rising as a result of subsidies. Housing is half land and half structure, and in constrained areas, 80% land and 20% structure. Land does not increase. Moreover even if housing was all structure and land was free, the subsidies cause houses to become bigger, as people can afford more structure, leading per house prices to rise.

Then you continue with a string of cliches, "privatize gains" etc. And a complaint that other people don't care enough.

Well, OK, but what of it? We don't shoot ourselves in the foot because other people don't care.

Adopting policies that make the world a worse place just because you are morally outraged is a terrible way of doing public policy.

Re:The welfare effects of eviction policies by int_19h on Wednesday November 03, 2021 @02:31PM (#29098557)
I didn't meant subsidizing rent. I meant subsidizing housing - as in, using that money to build more of it.
Re:The welfare effects of eviction policies by thriftwy on Wednesday November 03, 2021 @03:16AM (#29091913)
Yes, it's a good idea, but I have a wife so we could pretent to occupy both actual place of residence and the now-vacant rent out apartment.
Re:The welfare effects of eviction policies by hash872 on Tuesday November 02, 2021 @04:35PM (#29086999)
You're advising that a non-attorney can represent themselves against a professional attorney and somehow win. What are the odds that an amateur that's never done a job can defeat a professional who does it full time?

The other issue is that you can't 'win' in court against someone with no assets. If they owe you thousands, haven't paid rent for months, severely damaged the apartment.... they don't have any assets to seize. And a judge, especially in a blue state, is not to authorize anything harsh. They can essentially not pay rent or badly damage your place with zero consequences

Re:The welfare effects of eviction policies by HWR_14 on Tuesday November 02, 2021 @04:57PM (#29087247)
His point was that the professional worked in a different specialty and also doesn't care about the work being performed. Take the average web programmer and tell him to program something in Roblox vs. an enthusiastic teen and see who produces what.
Re:The welfare effects of eviction policies by kingTug on Tuesday November 02, 2021 @03:41PM (#29086437)
Seems reasonable in the context of going to court with a mega-corp landlord, though. Which is increasingly common.
Re:The welfare effects of eviction policies by seanmcdirmid on Tuesday November 02, 2021 @03:54PM (#29086572)
> Seems reasonable in the context of going to court with a mega-corp landlord, though.

The mega-corp landlords are much more savvy when it comes to dealing with grifters and con artists, to the point that they will usually avoid taking them on as tenants (e.g. via extensive background checks). Small-time landlords are getting savvier, but not at the same speed.

> Which is increasingly common.

And given the above, they will be probably become the norm in a decade or so.

Re:The welfare effects of eviction policies by rootusrootus on Tuesday November 02, 2021 @03:47PM (#29086515)
Perhaps there ought to be an adjustment to the regulation that differentiates between megacorp landlords and the small landlords who only own a few properties. Maybe some threshold below which both sides qualify for right-to-counsel.
Re:The welfare effects of eviction policies by hbn on Tuesday November 02, 2021 @05:13PM (#29087445)
How convenient that existing laws only "seem reasonable" in a world where mega-corps own all real estate
Re:The welfare effects of eviction policies by throwawaygh on Wednesday November 03, 2021 @11:55AM (#29096397)
On the contrary. For some reason petite landed gentry get a pass on cruel methods of extracting value for laborers, but when faceless mega-corps do it we suddenly sprout a non-sociopathic value system out of nowhere.
Re:The welfare effects of eviction policies by fwip on Tuesday November 02, 2021 @06:25PM (#29088307)
Having counsel doesn't mean they don't have to pay rent. It doesn't change the facts of the case.

If the court finds in favor of the tenant, that means the landlord screwed up (and probably broke the law, too).

Re:The welfare effects of eviction policies by tehjoker on Tuesday November 02, 2021 @04:56PM (#29087235)
You mean that landlords face some level of restriction in simply tossing people onto the street. The people on the other side of the transaction are at risk for their life while the landlord is at risk for their aspirations to the upper class.

I'd also point out that "investments" in a "free market" aren't supposed to be risk-free. If the landlord can't hack it, whelp that's their problem as a speculative investor.

Re:The welfare effects of eviction policies by themgt on Tuesday November 02, 2021 @05:36PM (#29087716)
This one is personal because it happened to me. Abusive tenant refusing to pay rent and stealing from me, in a house I myself was living in and renting as the sole lessee and subletting (which was allowed).

So, I was already broke from thousands in unpaid rent, then got notice that she was fighting the eviction and would be represented in court by a pro bono lawfirm. So I had to scrounge my last $ and remember not to fill up my gas tank all the way, to hire the town's cheapest attorney to go in and settle, letting her stay an extra month free of charge to agree to leave. Finally she illegally overstayed that and only left the day before the cops were to show up and forcibly remove her. This is all while she's living on gov't cheese and blowing her money on booze and festivals.

In all I was out many thousands of dollars I didn't have and basically couldn't sleep in my own rented room for over a month, and got fought in court by fancy lawyers paid with tax-deducted charity money. I spent a while seriously considering, and my only other option would have been, to end my own lease and leave and let my landlord deal with trying to remove her.

So no, I was actually at risk for becoming homeless due to this situation as the "landlord", and I get fairly angry when its described in this blithe way as if the person fighting the eviction is always the poor little guy and the "landlord" is always BlackRock having to eat a 0.001% hit to their profit margins.

Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @05:02PM (#29087307)
The problem is that the increased risk profile is indeed taken into account by landlords... it makes them retreat higher up market, depleting affordable housing supplies.
Re:The welfare effects of eviction policies by kritiko on Tuesday November 02, 2021 @05:16PM (#29087475)
I don't think landlords are saying "I can't risk evicting a poor tenant, I'll make my unit unaffordable" - it's a market. If the neighborhood is gentrifying, rent to gentrifiers. If the best you can do is Section 8, take section 8.
Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @05:24PM (#29087567)
Depending where you live, if you attend some landlord association meetings, or read any popular literature about real estate investing, you'll see that this is basically what happens. The common advice is to try to bring your units higher up in the market as much as possible, to minimize risk because folks with higher incomes are seen as less likely to trash the place, less likely to sue, less likely to stop paying. Books go on for hours about how you should keep your unit vacant instead of renting to a risky tenant.

I'm not making this up and these are not my rules or opinions. It's just the logical conclusions these people come up with, given the environment they're faced with.

Re:The welfare effects of eviction policies by kritiko on Tuesday November 02, 2021 @06:03PM (#29088043)
I don't think that you're making this up. I think that the advice would still be to leave units vacant and bring them up market even in the presence of extremely landlord-friendly eviction policy...

this dynamic will always be true: "folks with higher incomes are seen as less likely to trash the place, less likely to sue, less likely to stop paying"

Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @06:18PM (#29088210)
I think government incentive should focus on changing this, as I attempt to describe in https://news.ycombinator.com/threads?id=AYBABTME#29087565

Basically, this is somewhere I think govt. _constructive/supportive_ intervention is needed, because today's punitive policies creates economics that don't allow a humane end result.

Re:The welfare effects of eviction policies by 6510 on Tuesday November 02, 2021 @06:29PM (#29088357)
Government just needs to crank out large volume affordable housing. With modern tools and methods (+R&D), enough scale and a long term plan for maintenance this is entirely doable. The goal shouldn't be to house everyone but to create a surplus. (Lots of empty homes) Popular locations with insufficient space will continue to get more expensive, as it should be.
Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @06:39PM (#29088468)
I like the idea but I think the concept of using technology to build big, low cost volume housing is mistaken. The act of concentrating affordable housing is not desirable and easily forgotten about. It creates ghettos. Watching interviews about homelessness, a lot of homeless folks will talk about how dangerous it is to hang out in places like Skid Row. That it's dangerous to be surrounded by other people with problems. Read about the struggle faced by youngsters in poor neighborhoods, about how their surrounding were a huge strain on their ability to develop and escape. The environment in which you are located, when you're facing economic struggle, really dictates your odds of recovering. I grew up poor in a single-mom family, and lived in lower income neighbourhood and know first hand how their influence is bad for kids. My mom did all she could to pull us out of there, so we wouldn't be influenced too much by the neighbourhood. Still, had plenty of time to see sad things and be originally influenced in suboptimal ways.

I think we should build more single unit affordable housing! And shove it all over the place, in affluent neighbourhoods! Help people leave their problems behind.

This thread is getting deep for HN and it's hard to respond, but I had shoved my random thoughts on this in https://twitter.com/AntoineGrondin/status/145489614700107776...

Re:The welfare effects of eviction policies by 6510 on Wednesday November 03, 2021 @07:20AM (#29093166)
> The act of concentrating affordable housing is not desirable and easily forgotten about.

We know how to plan this properly. Mistakes will no doubt be made but there is no reason to think they will be this obvious.

Almost everything you describe is the effect of a housing shortage. The new houses wont happen overnight, it takes quite a bit of time to create a surplus.

Re:The welfare effects of eviction policies by kazen44 on Tuesday November 02, 2021 @06:40PM (#29088472)
creating housing by the the government is a possibility. (a ton of plattenbau build straight after ww2 is still used in my country).

if they could fix the housing crisis my bombed out city straight after ww2, I'm pretty sure the US is able to do so 80 years later with modern construction methods.

Re:The welfare effects of eviction policies by ThunderSizzle on Tuesday November 02, 2021 @05:20PM (#29087534)
Its a race to the bottom (section 8 is guaranteed money) or top (high income homes tend to be more stable).

No one wants a medium income rental due to that. And I'm thinking about being a landlord - as I'm moving - and evicting a tenant that refuses to pay for 6 months while I still need to maintain the property and pay mortgage is prohibitive. The risk there is scary high for what shouldn't be risky.

Re:The welfare effects of eviction policies by imtringued on Wednesday November 03, 2021 @05:52AM (#29092646)
The ones who are doing that are talking from experience. E.g. they had to evict a poor tenant and now they are overreacting for an understandable reason.
Re:The welfare effects of eviction policies by tehjoker on Tuesday November 02, 2021 @05:24PM (#29087565)
This is why I advocate removing the market and doing a substantial fraction of housing as public housing. Other countries like Sweden (iirc) do this.
Re:The welfare effects of eviction policies by hash872 on Tuesday November 02, 2021 @05:29PM (#29087623)
The total value of all US real estate is $50 trillion. There's not a lot of situations in life where you can say, even the United States government doesn't have enough money to make a dent here- but....
Re:The welfare effects of eviction policies by tehjoker on Tuesday November 02, 2021 @06:31PM (#29088386)
That's only if they buy it. In the civil war, we took the slaves and land of the confederacy without making the owners whole. Landlords may not be slaveholders, but they are parasites and exploiters, even Adam Smith said so of the big landlords (in fact he was against the modern incarnation of our economy which is highly concentrated way beyond imagining in his time). Rentiers make money by simple ownership and exclusion, not by their labor. It is not socially beneficial. The word "lord" is part of their name and most Americans, at least the common people in 1776, understood the American project as the destruction of the nobility and aristocratic privileges. While the formal titles are gone, the plots of land that were the source of the nobility's power remain.

https://www.quora.com/Was-Adam-Smith-against-landlords?share...

Re:The welfare effects of eviction policies by medvezhenok on Tuesday November 02, 2021 @07:08PM (#29088749)
Eh, I would be very careful about incentives and side effects. Confiscation of property never quite goes the way you expect, and is usually semi-impossible without a preceding war (see: 1917 Russia).

The Soviet Union didn't have landlords to deal with, but the housing situation was not any better - just instead of apartments being unaffordable, you'd get in a queue for public housing that was like 20 years long...

Re:The welfare effects of eviction policies by tehjoker on Tuesday November 02, 2021 @09:05PM (#29089847)
Our situation seems quite bad and deteriorating, so I am open to reopening the book on the Soviet idea. I think a careful analysis of why their housing was not ideal is needed.

At the beginning of their project, many people lived in huts so the step up to small stark apartments was a huge step up for millions. After a few decades though, they appear to have failed to improve their housing infrastructure at a fast enough rate. I don't know exactly why.

Some sources I've read say that once Krushev (and his base of support) were in power, they redirected resources into consumer goods to try to match western lifestyles too early. The previous plan was to constantly reinvest in heavy industry which creates exponential growth by providing the material basis for more heavy industry. This shifting of resources away reduced the rate of growth as the population continued to grow and resulted in a stagnating standard of living.

This makes intuitive sense to me so far, but I have not done enough research to say this is conclusive.

I would point out that in the US, we have the perception of being able to move wherever you want given enough money. However, in reality we are restricted (queued) by the affordability of housing and moving. The people at the top do have real freedom, but the bottom sections (most of them not present in this highly paid programmer forum) have very little.

Re:The welfare effects of eviction policies by int_19h on Wednesday November 03, 2021 @03:05AM (#29091855)
Soviet economy was tilted very heavily towards heavy industry until the very end. For very simple reasons: that's what makes tanks and bombs.

That aside, you can't look at economics of USSR in isolation from its politics. For example, under Stalin, most peasants were effectively tied to their land in kolkhozes and sovkhozes - they couldn't freely move to the cities where the better-paying jobs were, and thus couldn't compete for housing there.

Re:The welfare effects of eviction policies by tehjoker on Wednesday November 03, 2021 @06:14PM (#29101092)
Tanks and bombs (something the US also produces in spades (why would the USSR need an equipped military??)) are also consumables, they aren't additional investment in core heavy industry. They detract from economic growth and civilian improvements (though some military technologies do come back and help other areas of technical development).

The urban centers had something like 10-20% of the population. If the peasants all moved to the cities, there would a) be not enough jobs and b) no food as no one would be producing it.

Re:The welfare effects of eviction policies by int_19h on Wednesday November 03, 2021 @07:11PM (#29101725)
I'm talking about tanks and bombs as proportion of the overall economic output. It was higher in USSR than it was in US, or indeed any other country.

And I'm not saying that producing those things is an investment, but rather that Soviets consciously invested into heavy industry to the (rather significant) detriment to the rest of the economy, so as to have manufacturing capacity to produce them.

> The urban centers had something like 10-20% of the population. If the peasants all moved to the cities, there would a) be not enough jobs and b) no food as no one would be producing it.

Well, the peasants wanted to move to the cities because the pay and the overall quality of life there was better. Peasants in kolkhozes were essentially serfs, with the government coming and literally taking the "excess" of their food output away. This could have been solved by, you know, actually paying them properly for that food. But why pay when you don't have to, and would rather spend that money elsewhere - e.g. on industrializing the cities?

One thing to keep in mind here is that Bolsheviks were very much not a peasant party. In the Constituent Assembly (which was directly elected by the population), they were a minority, and the most numerous party was the Socialist Revolutionaries, who actually represented the immediate interests of the peasants. Which is precisely why the Assembly did not rubber-stamp the Bolshevik government, and was forcibly dissolved.

Similarly, in village councils, Bolsheviks rarely had a majority - so they introduced kombeds to override those unruly councils. Also, when the council system was first codified in the 1918 Soviet constitution, the Congress of Soviets (i.e. the ultimate legislative body) had one representative for every 25,000 constituents of urban councils, and one representative for every 125,000 constituents of rural councils - i.e. one factory worker effectively had the same voting power as 5 peasants .

These kinds of things is why there were so many large peasant uprisings in Soviet Russia early on, to the point where they had to use poison gas to effectively suppress some of them.

Re:The welfare effects of eviction policies by imtringued on Wednesday November 03, 2021 @06:06AM (#29092722)
If you want to have a fair society just make the holders of capital pay for the privilege of owning it. This is commonly known as a wealth tax but there are two taxes whose introduction leads to no economic dead weight losses.

Taxes on money and land holdings. If you spend your money you do not "win" because you pay transaction taxes (VAT etc) or you increase your exposure to risk in the financial markets. If you don't spend your money you lose because you pay the wealth tax for nothing.

The reason why a land value tax works is that land already exists. It's supply is inelastic. The owner of the land did nothing to create it. So taxing the owner for holding onto land will not discourage him from working (building a house and renting it out). The tax revenue can be used to pay for public infrastructure like transportation then the value of the land goes up which will directly fund the infrastructure. A holding fee on land discourages speculation because the expected value of holding onto land without utilizing it is negative. The reason why land speculation is so profitable is that location is a monopoly. As the community around the land develops the speculator benefits off the work other people while doing no work himself. It's especially bad when income taxes are used to fund infrastructure. As the government does more infrastructure projects and charges higher income taxes your rent will go up as the value of the land goes up.

Just a thought experiment: A single tax implementation of land value taxes implies that you've paid your taxes by paying rent. Rent would still be expensive but products and services would be cheap and your income would be higher.

[dead]
Re:The welfare effects of eviction policies by splitstud on Tuesday November 02, 2021 @08:39PM (#29089639)
Seeing as how he has demonstrated the ability to read, it's obvious he's old enough to know better.
Re:The welfare effects of eviction policies by tehjoker on Tuesday November 02, 2021 @08:57PM (#29089784)
When I was in my teens, I was a conservative. As I get older, I become more leftist as I read more history books. Entire countries have been formed on the basis of similar ideas. It's childish to think they can be dismissed flippantly.
Re:The welfare effects of eviction policies by imtringued on Wednesday November 03, 2021 @06:08AM (#29092733)
I like to pretend that I don't pick sides. I might be left leaning because the existing system clearly isn't efficient enough to be left alone.
Re:The welfare effects of eviction policies by int_19h on Wednesday November 03, 2021 @03:08AM (#29091873)
Not flippantly, no. But USSR and its authoritarian ilk can be dismissed on the basis that they ended up worsening the conditions of their residents relative to similar countries that didn't try such experiments.

OTOH there's still the libertarian left. But Soviets and other leftist authoriarians were always as hostile to it as they are to anyone right of them.

Re:The welfare effects of eviction policies by NoahTheDuke on Wednesday November 03, 2021 @12:57AM (#29091233)
This is a cheap shot. If you have a point to make, you should make it directly.
Re:The welfare effects of eviction policies by AYBABTME on Tuesday November 02, 2021 @05:42PM (#29087791)
My personal opinion is that governments should provide a backstop guarantee for tenants, to bear the risk instead of forcing landlords into making cruel choices.

I think it'd make sense. It's beneficial to govt. to keep people productive and ultimately off the street. Hence (in a capitalist system) they want to encourage the market to provide housing to people who would otherwise not get it. If the government came involved into transactions as a guarantor for people in need, and provided incentives and reassurances to landlords that they would not be disadvantaged if they provide housing to those in needs, I believe there would be less homeless people in the street, and more generosity from landlords.

E.g.:

(1) if I have no upside and a high risk exposure in providing housing to a recovering addict, will I do it if I'm then unable to evict that person when they fall back down into addiction? No, I wouldn't, even if in my heart of heart I wish I could help them.

(2) if on another hand, the government came and said "we'll guarantee this market rate, and will facilitate eviction proceedings and pay for repairs if things don't work out", would I be willing to risk it and rent to that person? Probably yes, there would be enough structural support to encourage me to do some goodwill help.

The problem is that the stick presented in (1) is what's going on right now, and there's no carrot (2). It's basically the policy makers telling landlords: all you, don't you dare taking in tenants who are a higher risk! Because if you do, we'll be watching!

* * *

In coordination with this, I think a smart policy would be to combine this idea with something else: instead of trying to build affordable housing projects, try to spread these initiatives around. Avoid the creation of ghettos. If a govt. agency was to support someone's tenancy, the agency should try to spread these people uniformly around town, mixing them with all strata of society, instead of putting all these people in the same geographical area. This would encourage reintegration in a constructive environment. People living in their walled gardens would be annoyed, but ultimately, the people in need of help would be allowed a chance to heal in a safer environment.

Re:The welfare effects of eviction policies by inkywatcher on Tuesday November 02, 2021 @11:00PM (#29090656)
First, density is obviously cheaper, and many people already begrudge homeless people sleeping outside even though that doesn't cost anything. Second, even if a person is addicted to drugs, they still need a place to live. So evicting them doesn't actually solve anything except your business risk. Third, NIMBYism is almost omnipotent as a political force in most parts of the US worth living in. You aren't going to convince people to let poor people or people with problems live near them. They will fight like hell to stop it, and many will be wealthy or influential.
Re:The welfare effects of eviction policies by Ekaros on Wednesday November 03, 2021 @06:16AM (#29092778)
If you don't pay your rent for let's say 1 month the landlord should have all the rights to remove you from property with minimal process and claim all those cost with reasonable penalty interest rates. And these should not be dischargeable in bankruptcy.

It is only fair way for system to work.

Re:The welfare effects of eviction policies by maxerickson on Tuesday November 02, 2021 @04:46PM (#29087125)
It only seems to exist in a handful of cities to date?

New York City had a decline in evictions when it was enacted (the decline outpaced nearby areas).

https://www.cssny.org/news/entry/nyc-right-to-counsel

Re:The welfare effects of eviction policies by wolverine876 on Tuesday November 02, 2021 @05:58PM (#29087984)
> Grifters and professional con artists

Everyone that has a dispute with a landlord is a grifter and con artist? That's a strawperson to beat all strawpeople.

> When I worked in commercial real estate

Is that the attitude toward renters in your industry?

Why would landlords be expected to be any more honest? IME, everyone who has had a legal dispute with a landlord has been an honest person with an honest claim (though not always legally supported), and landlords have had enormous power over them. I have no doubt there are some bad people in both camps.

Re:The welfare effects of eviction policies by 8note on Tuesday November 02, 2021 @04:54PM (#29087209)
I'm not sure why small unprofessional landlords should be allowed to mistreat their tenants. Being a small landlord still puts you in a position of power over somebody else
Re:The welfare effects of eviction policies by jackorange on Tuesday November 02, 2021 @05:34PM (#29087686)
Why is it assumed that because they are a landlord that they are mistreating someone?
Re:The welfare effects of eviction policies by blitzar on Wednesday November 03, 2021 @06:26AM (#29092840)
I'm not sure why tenants should be allowed to mistreat their small unprofessional landlords. Being a tenant still puts you in a position of power over somebody else
Re:The welfare effects of eviction policies by throwawaygh on Tuesday November 02, 2021 @05:24PM (#29087573)
> When I worked in commercial real estate...

followed by a rant about the indignity of the poors having access to legal representation (?!?!). And an appeal to mom-and-pop immigrants to provide smoke cover for commercial real estate developers and the local landed gentry.

This is where "eat the rich" comes from. I'll take my flag-dead for this one.