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The need for Prick-Proof housing laws

This piece cuts through the noise of housing debates by exposing a brutal irony: well-intentioned state mandates are often weaponized by localities to build exactly zero homes. Reason doesn't just report on a viral town meeting; it dissects how bureaucratic box-checking is actively strangling the housing supply in Massachusetts and Maine, proving that good intentions without market reality are the enemy of affordability.

The Art of the Paper Tiger

The article opens with a viral moment from Marblehead, Massachusetts, where a resident asked if the town was "being pricks" by upzoning a golf course that no one expects to ever be developed. Reason uses this to illustrate a systemic failure in the MBTA Communities Act. The piece argues that "if the state actually wants to build more homes, it needs to prick-proof its housing policy." This is a sharp, necessary reframing. It suggests that the problem isn't just local obstructionism, but a state law that invites obstructionism by relying on localities to voluntarily upzone land they don't want to develop.

The need for Prick-Proof housing laws

The commentary highlights how the law's loopholes are being exploited with surgical precision. "One problem with Massachusetts' approach is that the state is leaving it up to anti-development localities to upzone themselves when they don't want to." This creates a scenario where compliance is performative. The editors note that the town's plan to zone a ritzy, $40,000 initiation-fee golf course for apartments is a classic evasion tactic, similar to how California localities have upzoned veterans' cemeteries to meet state quotas. The result is a policy that looks good on paper but produces nothing in reality.

"These kinds of games will be familiar to anyone who's observed California localities evading their state's housing goals by upzoning veterans' cemeteries and thriving businesses."

The piece goes further, detailing the specific regulatory hurdles that make development on the golf course impossible. It notes that the new district requires "minimum lot sizes of 27,000 square feet" and mandates that a third of the lot remain as open space. These rules, layered on top of the upzoning, ensure that no developer will ever break ground. Critics might argue that the state needs to balance local control with housing goals, but the evidence here suggests that without removing the ability to layer on these restrictive conditions, the law is doomed to fail.

The Self-Defeating Cycle of Portland

The argument shifts to Portland, Maine, where a city-commissioned report reveals that stricter inclusionary zoning is crushing development. Reason reports that the enhanced requirements "functioned as a marginal cost that works to push projects from narrowly feasible to more than narrowly infeasible." This is a critical distinction: the policy didn't just slow things down; it made them mathematically impossible.

The data is stark. Under the new rules, the number of projects subject to inclusionary zoning requirements fell by 55 percent. The piece points out that "only three projects subject to the new I.Z. requirements have been completed." This isn't just a market fluctuation; it's a direct result of policy. The report cited in the article concludes that "the current policy requires a level of cross-subsidy that the Portland market is presently unable to generate." This creates a paradox where the policy designed to create affordable housing is actually reducing the total number of units built, leaving everyone worse off.

"The issue is that the current policy requires a level of cross-subsidy that the Portland market is presently unable to generate. This creates a high risk of prolonged stagnation in the development pipeline."

The commentary notes that while market conditions like interest rates have worsened, the inclusionary zoning rules are the tipping point. The gap between break-even rents and affordable rents has widened to nearly $1,800 a month. A counterargument might suggest that we need to force developers to build affordable units regardless of cost, but the piece effectively demonstrates that when the math doesn't work, the units simply don't get built. The result is a policy that benefits no one.

The YIMBY Consensus and Its Limits

Finally, the article turns to a gubernatorial forum in California, where candidates from across the spectrum agreed on the need to build more housing. Reason observes that it is a "sign of the YIMBY victory in the war on ideas" that even liberal candidates are now arguing for slashing red tape. The piece notes that candidates like Katie Porter and Matt Mahan criticized "prevailing wage" requirements and impact fees, while others proposed bulk orders of manufactured housing.

However, the commentary points out that despite the rhetorical shift, the candidates are still stuck in old habits. When asked why housing is more expensive in California than in Texas, the answers ranged from a lack of subsidies to a lack of bulk manufacturing orders. The piece suggests that the real answer lies in the regulatory environment itself, which the candidates are only beginning to address. "For all the criticism of the ways California made housing too expensive, there was still a lot of buck-passing." This highlights a gap between the new consensus on the problem and the willingness to implement the truly radical solutions needed to fix it.

"The core of the argument is that the state could adopt simpler, more direct zoning reforms. Instead of telling towns they need to create a new zoning district where apartments will be allowed, the state could just pass a law saying apartments are allowed in commercial zones."

Bottom Line

The strongest part of this argument is its unflinching look at how policy design can be subverted by local interests, turning housing mandates into tools for stagnation. The piece's biggest vulnerability is its reliance on the assumption that removing local control is politically feasible, which remains a steep hill to climb. Readers should watch for whether states like Texas can sustain their momentum on commercial zoning reform, as that may be the only model that truly "prick-proofs" the system.

Deep Dives

Explore these related deep dives:

  • Democracy in America Amazon · Better World Books by Alexis de Tocqueville

  • Town meeting

    Understanding this specific form of direct democracy explains why Massachusetts residents can repeatedly overturn zoning plans that technically comply with state mandates, creating the procedural loophole the article critiques.

  • Milton, Massachusetts

    This 2021 law is the specific legislative mechanism that forces towns to upzone land without guaranteeing construction, illustrating the 'prick-proof' failure where localities can satisfy legal metrics while intentionally blocking development.

  • Golf course

    The article highlights the absurdity of upzoning a golf course to meet unit quotas; this topic provides context on how land-use regulations often target recreational spaces that are economically or physically unlikely to be redeveloped into housing.

Sources

The need for Prick-Proof housing laws

by Various · Reason · Read full article

Happy Tuesday, and welcome to another edition of Rent Free. This week, we have stories on: 

A new report finds that Portland, Maine's inclusionary zoning law is crushing housing development.  A New York Times-hosted gubernatorial forum where everyone tried to sound like a YIMBY. President Donald Trump's rapid reversion to supporting an effective ban on build-to-rent housing. 

But first, we cover how Massachusetts' particular approach to zoning reform makes it too easy for local governments to be pricks. 

Massachusetts' Need to Prick-Proof Its Housing Policy .

Marblehead, Massachusetts, resident David Modica has gone viral for asking at a recent Town Meeting whether people in town were "being pricks" for attempting to comply with a state housing production law by upzoning a golf course that, in all likelihood, is not going to be redeveloped into housing. 

It's a funny clip that's made only better by a planning board member conceding in his response to Modica that upzoning the golf course was indeed not intended to merely meet the on-paper requirements of state housing law without producing new housing. 

This guy is trending on MBTA multi-family zoning "are we kind of being pricks?" pic.twitter.com/lZV5RRccNu

— The Young Jurks (@TheYoungJurks) May 5, 2026

Modica has since been profiled by the local Marblehead Independent and The Wall Street Journal. There's been some additional commentary from YIMBYs agreeing with Modica that Marblehead residents are, in fact, "being pricks" by going to such great lengths to avoid building housing in the exclusive town. 

If Marblehead residents are being pricks, however, it's because the state law enables them to be pricks. While Modica's comments were aimed at his fellow residents, the planning battle he found himself in the middle of illustrates deeper flaws in Massachusetts' chosen means of boosting housing production. 

If the state actually wants to build more homes, it needs to prick-proof its housing policy. 

The state law at issue at the now-viral Marblehead Town Meeting is the MBTA Communities Act. Passed in 2021, it requires localities to create new zoning districts where new multifamily housing is allowed by-right—meaning it could be built without special permits and discretionary approvals. 

The state law also set minimum standards for how much land would have to be covered by localities' new multifamily zoning districts and how many units would have to be allowed within them. Marblehead was required to upzone at least 27 acres to accommodate a minimum of

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