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    QUESTOR LAUCandidate for Doctor of ArchitectureUniversity of Hawaii School of Architecture

    May 2014 Final Presentation

    BLACK BOXES and GRAY SPACES:

    How Illegal Dwellings Find Regulatory Loopholes

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    REGULATORY ENVIRONMENT(In Honolulu)

    The Black Box Building Permits

    Add unknowndelays

    Add unknowncosts

    Response Big Data

    Measure

    Use + Structure

    Civic Engagement

    Image Source: http://the.honoluluadvertiser.com/article/2004/Jun/20/bz/bz04a.html

    Homeowner

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    BACKGROUNDHousing in Honolulu

    8thAnnual Demographia International Housing Affordability Survey: 2012. Ratings for Metropolitan Markets. Australia, Canada, China (Hong Kong), Ireland, New Zealand, United Kingdom,

    United States, by Performance Urban Planning. http://www.demographia.com/dhi.pdf Last Accessed October 08, 2012.

    Honolulu is Expensive In 2013, Honolulus Affordability

    score (9.4)

    Honolulu #1 unaffordable

    housing market in the US.

    Housing Cost vs Income(relative, not absolute)

    #1 #4

    #3

    #2

    Honolulu

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    Top 3:Hong KongVancouver

    Sydney

    Housing Affordability & Land

    Regulation

    Median Home Prices 1991-2010

    Honolulu prices remain

    higher than US

    Graph modified from http://www.hawaiibusiness.com/Hawaii-2011/January-2011/Hawaii-2011-Housing/ andhttp://www.demographia.com/dhi.pdf Comparing Australia, Canada, China (Hong Kong), Ireland, NZ, UK, US.

    DO REGULATIONS MAKE HOUSING EXPENSIVE?Housing in Honolulu

    Regulation Restricts Supply Supply-Demand imbalance

    Honolulu:

    not enough housing

    prices remain high

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    http://www1.honolulu.gov/env/wwm/honoluluwastewater2012investorpresentation07192012.pdf

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    ILLEGALACCESSORY DWELLINGS: GRAY SPACESCompare: Use vs Structure

    Structure Built with a permit

    Built to code: location, layout, dimensions

    Suggests intent

    Use Occupancy, how space is used

    Doubles density in residential zone

    I llegal

    Accessory

    Dwel l ings

    Degree of Suspicion

    No change in physical Structure. Change in Use

    Accessory dwelling becomes

    illegal when people move in.

    Permit as a Rec Room used

    as a dwelling unit.

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    CASE STUDYTypology: EmbeddedAccessory Space

    Single-Family Separate Entry

    Extra Parking

    1-story

    2-story

    Kitchen + Wet Bar

    Required Affidavit

    Affidavit Common variable

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    RESEARCH METHODSGathering the Data

    Building Permit Data 2011

    Suspicious Plan

    Actual occupancy NOT verified:

    Tracking changes in use difficult, invasive,

    difficult to measure.

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    Punchbowl

    UH

    SPATIAL DISTRIBUTION PATTERN (2011)Preliminary Findings

    Within Primary Urban Core, most

    Suspicious Plans occur within the

    Ohana Zone (green).

    In Kailua, most

    Suspicious Plans occur

    beyond the Ohana Zone

    Data expanded to look for trends 2005 to 2012 (8 years )

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    Black Point$3.8 M avg

    sales price

    DiamondHead

    PROBLEM SCOPESuspicious Plans occur even in the most expensive neighborhoods

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    PROBLEM SCOPEHow Many + Where is the incursion?

    Univ of HawaiiSchool of Architecture

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    PROBLEM SCOPEHow Many + Where is the incursion?

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    Industrial

    Military Base

    Military/Airport/Harbor

    Military Base

    PROBLEM SCOPEHow Many + Where is the incursion?

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    Total % Type

    5,680 37 % Illegal Accessory Dwellings

    9,726 63 % Single and Two-Family Dwelling Units

    102 < 1 % Ohana Dwellings

    Annual New Residential Housing* Inventory (2005-2012)

    Honolulu County

    THE SYSTEM ISNT WORKINGShadow Inventory of Housing

    100 %

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    COMPARING RULESPolicy favors illegal uses

    MOST/LEASTIllegal Accessory Dwlg:

    leastrestrictions;

    least costs

    Ohana Units:

    mostrestrictions,

    mostcosts

    REGULATIONS Infrastructure

    Parking

    Fees

    IllegalAccessory

    Dwellings have no

    requirements

    Il legalAccessory Dwelling

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    Research Findings

    No. of Bldg Permits IssuedHonolulu County

    One & Two Family Dwellings:#Permits Issued vs Construction Value

    Ohana Dwellings:#Permits Issued vs Construction Value

    size limitremoved

    Source: Dept of Planning & Permitting (figures rounded)

    Qty

    Co$t

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    Gamma Map Diagrams

    2ndfloor

    1stfloor

    Source: Plans redrawn from HonsadorLumber

    LOOPHOLEIts not what is built that is illegal its how it is used

    Legal Illegal

    Accessory Single-

    Family

    Single-Family

    Suspicious Layout Predesigned kit home

    Separate entry

    Easy to rent separately

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    1st

    FLOOR

    Wet bar

    Kitchen

    7-0 CasedOpening

    Suspicious Layout? What does the plans say

    LOOPHOLE

    Source: Modified from an actual permit

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    LOOPHOLEIs this a single-family dwelling?

    Source: Modified from an actual permit

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    IMPLICATIONSIs the Census is Wrong?

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    IMPLICATIONSIs the Census is Wrong?

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    IMPLICATIONSIs the Census is Wrong?

    HOUSING UNIT

    (US Census Definition) A housing unit is a house, an

    apartment, a mobile home or trailer,

    a group of rooms, or a single room

    that is occupied, or, if vacant, is

    intended for occupancy as separate

    living quarters in which theoccupants live separately from any

    other persons in the building and

    which have direct access from the

    outsideof the building or through a

    common hall.

    http://www.census.gov/popest/about/terms/housing.html

    http://www.census.gov/popest/about/terms/housing.htmlhttp://www.census.gov/popest/about/terms/housing.htmlhttp://www.census.gov/popest/about/terms/housing.html
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    IMPLICATIONSIs the Census is Wrong?

    +

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    IMPLICATIONSDiffering trends in urban growth pattern

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    Single- and Two-Family Dwellings Illegal Accessory DwellingsUnits

    (iADUs)

    STATISTICAL HOTSPOT ANALYSISDiffering trends in urban growth pattern

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    NewIllegalAccessory Dwellings

    (2005-1012)

    NewSingle- and Two-Family(2005-2012)

    DIFFERENT TRENDS IN URBAN GROWTHUrban Futures

    GreenM

    ap:Modifiedfromh

    ttp://www.oahum

    po.org/download/additional_ortp_

    20

    35_

    materials/OahuHouseholdsMap.pd

    f

    BrownMap:ModifiedfromC

    ity&CountyofHonoluluDeptofTransportationServicesShortRangeTransitPlan,August2010

    .

    ProjectedHousehold Growth(2007-2035)

    Workersby Primary Job

    (2010)

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    CIVIC ENGAGEMENTUrban Policy vs Urban Need

    Maps Invite discussion

    Address fears of change

    ie. Parking

    88% of illegal accessory dwellings

    close to bus stop

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    HH 3+ Vehicles Avail

    HYPOTHESIS #3Null: The #iADUs created is unrelated to

    Data provided by US Census: ACS 2011 (3-year) by tract

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    Households w/3+

    Vehicles Clustered at urban fringe

    and North Shore

    Data provided by US Census: ACS 2011 (3-year) by tract

    SPATIAL RELATIONSHIP of VEHICLES to iADUsVehicles per Household

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    iADU overlay suggests 3+ vehicle HH

    not associated with

    iADUs, but perhaps

    Single-family homes

    SPATIAL RELATIONSHIP of VEHICLES to iADUsVehicles per Household

    Data provided by US Census: ACS 2011 (3-year) by tract

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    Ohana Zone

    HYPOTHESIS #1People Build iADUs because they were denied an Ohana Dwelling Permit

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    Ohana Zone iADUs

    HYPOTHESIS #1People Build iADUs because they were denied an Ohana Dwelling Permit

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    Ohana Zone iADUs Intersect

    HYPOTHESIS #1People Build iADUs because they were denied an Ohana Dwelling Permit

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    Ohana Zone iADUs Intersect

    Within

    N=1,699

    HYPOTHESIS #1People Build iADUs because they were denied an Ohana Dwelling Permit

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    Ohana Zone Intersect iADUs

    Random Sample

    Sample Size CL 95%

    n=42 15

    HYPOTHESIS #1People Build iADUs because they were denied an Ohana Dwelling Permit

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    SEWER CAPACITY NOT CHECKEDCapacity Not Checked

    w/in Ohana Zone 5approved for SFD TFD

    37built an iADU without checking sewer capacity

    (potential legal Ohana Dwelling)

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    RepresentativeRandom Sample (n=42, 95% CI) Ohana Zone + iADUs (N=1,699)

    0 of 42 rejected for Ohana (sewer capacity).

    5 of 43 (11.63%) approved for a 2nddwelling

    (non-Ohana)

    Within Ohana Zone, people who build Rec

    Rooms are not applying for an Ohana

    Dwelling 1st.

    HYPOTHESIS #1People Build iADUs because they were denied an Ohana Dwelling Permit

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    CORRELATION: iADUs and SFDsNull: The #iADUs created is unrelated to #SFD/TFD units created

    R=0.84

    P

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    COMPARISON OF SOLD PRICE (2012)Single-Family, fee simple

    Of the 112 new Ohana Units, only 4 were sold in 2012 not enough to do inferential statistics. Incidentally, sale prices of the 4 were: $1,082,500,$907,500, $665,000, and $1,280,000all above the median sales price, suggesting that legal Ohana Units do sell for substantially more than iADUs.

    Caveat: sold homes are likely to contain iADUs that were either issued before 2005 or the home may have been configured into separate units without

    obtaining a permit (ie. a doorway was added at an interior stairway, creating an up and dnstairs unit). Therefore, some noiADU properties may beclassified as iADU=yes.

    Homes Sold w/ and w/o an iADU Indep Samples Ttest

    iADU: $750,000 (9.85% higher)

    noiADU: $615,550

    All Homes: $625,000

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    PROPOSALADUs in Hawaii Kai: Aging-in-Place where Sewer Capacity is available

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    How to use this data? Strict Enforcement

    Encourages illegal units

    Verify housing units

    Verify urban growth &infrastructure needs

    Engage policy and people

    -

    +

    CONCLUDING THOUGHTSSocial Normativity and the law

    I llegal

    Accessory

    Dwel l ings

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    Thank you!

    A portion of this research was supported by a grant from the

    University of Hawaii Graduate Student Organization