USP 5 Midterm Review

What are exactions in land use planning?

Conditions (fees or land dedications) imposed on developers to mitigate the impact of their projects

What three constitutional protections limit exactions?

Just compensation, equal protection, and due process

What does the 5th Amendment protect in land use?

It prevents the government from taking private property for public use without just compensation.

What was the main issue in Penn Central v. NYC?

Whether restricting development above Grand Central Terminal was a "taking."

What principle was established in Nollan v. California Coastal Commission?

Essential nexus” between development conditions and legitimate government interests.

What did Dolan v. City of Tigard add to the Nollan test?

“Rough proportionality” between the exaction and project impact, meaning that the the permit condition be roughly proportional to the impact of the development

What is the role of the Authority Having Jurisdiction (AHJ)?

Enforces building codes and approves development plans.

What is the Standard Zoning Enabling Act (SZEA)?

Model legislation that empowers local governments to regulate land use through zoning.

What is considered an affordable housing cost burden?

Housing costs that are 30% or less of a household’s income.

What is the Housing Affordability Index (HAI)?

A measure of whether a typical family can afford a median-priced home.

What does a high HAI ratio indicate?

Greater housing affordability.

Why is the Missing Middle "missing"?

Zoning laws often prohibit small multi-unit housing in most neighborhoods.

What is form-based zoning?

Regulates the scale and form of buildings rather than the number of units

What are benefits of Accessory Dwelling Units (ADUs)?

Increase density, allow multigenerational living, and use existing lots.

What does SB 9 allow in California?

Lot splits and the development of up to four homes on single-family lots.

How does excessive parking minimums hinder development?

They reduce usable land and increase housing costs.

How does explicit bias differ from implicit bias?

Explicit bias is conscious and intentional, while implicit bias is unconscious.

What is systematic bias?

Discrimination embedded in institutional policies and practices

What is steering in real estate?

Guiding buyers to or away from neighborhoods based on race or ethnicity

What is the Equal Credit Opportunity Act (ECOA)?

Prohibits credit discrimination based on race, gender, religion, age, and income source

What is redlining?

Denying services or investments to neighborhoods based on racial or ethnic composition.

What should a broker do if they observe discriminatory practices?

Report violations, advise affected clients of their rights, and avoid participating in illegal practices.

What common misconception about mental illness and homelessness do the authors address?

The authors argue that while mental illness is more prevalent among the homeless, it is not the primary cause of homelessness. Housing market conditions are a more powerful driver

Why is it misleading to assume addiction is the main cause of homelessness?

Addiction is common among the homeless, but its presence does not explain regional differences in homelessness. Areas with high addiction rates often do not have high homelessness rates

What is a major misconception about personal responsibility and homelessness?

A common but incorrect belief is that homelessness primarily results from personal failure; in reality, structural factors like housing costs and availability play a much larger role

How do the authors explain regional differences in homelessness rates?

The book explains that regions with expensive and inelastic housing markets have significantly higher rates of homelessness, regardless of other social problems

What vulnerable groups are more at risk of homelessness, according to the book?

Veterans, people with disabilities, victims of domestic violence, and people exiting institutions like prisons are identified as being at greater risk due to systemic vulnerabilities

Why is the "visible homelessness" in urban areas a source of misconception?

Visible homelessness leads people to overestimate its causes in terms of personal dysfunction, ignoring the broader housing affordability crisis that affects many who are unseen

What is a tax credit?

A dollar for dollar reduction of the income you owe

Brownfield

Land that was developed that must be cleaned up before it can

Greenfield

Land that was not previously developed for use, suitable for new development

Single Family Detached

A stand alone residential structure that does not share outside walls with another house or building

Single Family Attached

A one-unit structure which has one (1) or more walls extending from ground to roof separating it from adjoining structures

What are HOA benefits?

• May increase the value of homes

• Can provide community 

• Amenities

• Can help resolve disputes

• Can create access restrictions

Percentage Rent

a commercial real estate lease where the tenant pays a fixed base rent plus a percentage of their gross sales above a certain threshold

Sales breakpoint

sales level which triggers percentage rent

Gross Area

Entire Building Area (basement, lobby / common / Stairwells

Net Useable Area

Leased Office Space , Bounded by Demising Walls

Net rentable area

Net usable space plus common areas

Load Factor

calculation that breaks down the common area rent so each tenant pays a proportionate amount

What are Double Net Leases? (NN)

You pay property tax & insurance and rent

What are Triple Net Leases (NNN)

Property Tax, Insurance & Maintenance

What is Industrial?

Accommodation for manufacturing, storage, distribution and warehousing purposes, together with smaller workshop premises

Industrial Land

• Land that is zoned industrially 

• Doesn’t always have to have a building on its grounds in order for an industrial business to operate

• The land may be used for purposes such as parking equipment, storing gravel or mulch or any other surface operation

Heavy Assembly

facility used for the conversion, fabrication or assembly of raw or partly wrought materials into products or goods

Light Assembly

• Smaller and simpler than their heavy counterparts

• Usually where products are assembled from smaller parts, stored, and eventually shipped off to be sold to consumer s

• Can be used for storage and office space 

• Equipment in this type of industrial building is typically lighter and more portable because the parts being assembled are smaller than those made in a heavy manufacturing plant