The Problem With Tone Policing

One common criticism of pro-housing advocacy is that supporters of new housing are (in the words of one commentator) “arrogant.” But there is no reason to believe that this is any less true of their opponents.

3 minute read

October 24, 2023, 7:00 AM PDT

By Michael Lewyn @mlewyn


Close-up of microphone on speaker's dais with blurred crowd sitting in bright high school gym in background.

Kathy images / Adobe Stock

One common critique of the pro-housing YIMBY (Yes In My Backyard) movement is that YIMBYs are, for lack of a better phrase, rude. For example, Freddie DeBoer writes that YIMBYs are “too busy sneering to win over potential allies.”   

I’m sure YIMBYs are rude sometimes, just as all human beings are rude sometimes. However, I don’t see any reason to believe that they are more rude than their rivals. In fact, resistance to new housing can be quite aggressive.

Anika Singh Lemar of Yale Law School wrote a scholarly article about her experiences representing a public housing authority that sought to redevelop an affordable complex for senior citizens in a white, affluent suburb. The authority proposed that the complex be open to all lower-income people; Lemar writes that opponents who lived near the proposed project “made no effort to hide their vitriol.”

One opponent testified, for example: “The drug addicts are going to be here, believe me. Retirees, disabled, old people—I have no objection to renovate the whole place and make it nice for them. But don't get too much of that riffraff in. There will be a lot of riffraff.“ Lemar writes that in addition to loudly cheering and jeering speakers, the opponents “physically accosted the chairperson of our client's board. “

Lemar does not just rely on her own experiences; she quotes a statement by zoning lawyer George Staples that anti-development activists should “encourage your people to grumble and make derisory noises every time the opposition makes a point and to clap loudly any time one of your own speakers makes a point or sits down” and “bring crying babies to the council room so that the board will realize that you are so concerned that you are willing to deprive the poor little tykes of sleep in order to stamp out this terrible evil being proposed.” In addition, Staples recommended that homeowners should “[d]isparage renters as those who have no investment in their property.” Staples added that “there is no legal recourse against those who tell great lies and spread atrocious nonsense at zoning hearings.”

Admittedly, Lemar is hardly unbiased.  But a Google search involving terms like “racist statements” and “zoning hearings” reveals examples of inflammatory statements by housing opponents.  For example, one opponent of new housing in a rich Connecticut suburb wrote “HUD [subsidized housing] means crime crime crime. To call the project an UPSCALE rental is BS... Don't vote for carjacking, robbery, even gang murders!” (Ironically, other opponents of the same project complained that it “relies too heavily on a young professional demographic.”)

Similarly, Henry Grabar's new book on parking (Paved Paradise) contains some vicious statements about an affordable housing project near San Diego. One neighbor wrote to the California Coastal Commission: “Hispanic people typically drop trash wherever they are.” Another neighbor told the developer: “We don't need more diversity in this neighborhood. We already have the Mexican apartments down the street.”

Do YIMBYs say inflammatory or rude things now and then? Sure. But who doesn't?


Michael Lewyn

Michael Lewyn is a professor at Touro University, Jacob D. Fuchsberg Law Center, in Long Island. His scholarship can be found at http://works.bepress.com/lewyn.

Single-family homes in a suburban neighborhood in Florida.

New Florida Law Curbs HOA Power

The legislation seeks to cut down on ‘absurd’ citations for low-level violations.

June 16, 2024 - The Guardian

Multistory apartment building under construction.

New Tennessee Law Allows No-Cost Incentives for Affordable Housing

Local governments in the Volunteer State can now offer developers incentives like increased density, lower parking requirements, and priority permitting for affordable housing projects.

June 10, 2024 - Nooga Today

Aerial view of intersection in New York City with yellow cabs and zebra crosswalks.

Planners’ Complicity in Excessive Traffic Deaths

Professor Wes Marshall’s provocatively-titled new book, "Killed by a Traffic Engineer," has stimulated fierce debates. Are his criticisms justified? Let’s examine the degree that traffic engineers contribute to avoidable traffic deaths.

June 13, 2024 - Todd Litman

Brick high-rise apartment buildings in New York City

Study: Housing Crisis is About Affordability, not Supply

New research shows that there is no overall shortage of housing units, but all U.S. metropolitan areas face a severe lack of affordable units for low-income renters.

June 18 - University of Kansas

Couple on one side of desk with banker on other side looking at paperwork.

Are Race-Based Lawsuits Affecting Community Lenders?

Shelterforce spoke with community lending leaders and experts about the current mood across the sector. What, if anything, are organizations doing to avoid becoming the next target of conservative activists?

June 18 - Shelterforce Magazine

Rendering of Glory Park in Lewisville, Texas.

New Park Promotes Community and Connectivity in Lewisville, Texas

The city of Lewisville just celebrated the opening of Glory Park/Parque la Gloria, helping to improve park access and the quality of life for residents.

June 18 - Lewisville Leader

Write for Planetizen

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.