Testing The Divided Immobile Asset Ownership Model

may result a net improvement in the allocation of resources, still leaving landowners with some incentive to lower the supply of amenities. 19 Distortions in the level of amenities complicate both the empirical and theoretical analysis of the impact of rent control. For simplicity, the rest of the paper will treat the level of amenities as fixed. The impact of the rent control depends substantially on its specific provisions. First- generation rent control of a mobile home allows the owner of the housing unit to effectively capture the future value of the rent control when selling the housing unit. If rent control is permanent, and the housing unit owner can sell the unit without affecting the land rent, the benefits will all accrue to the person owning the housing unit at the time rent control is implemented. If landlords were engaged in some form of “rent gouging,” with the initial rent above the market-clearing level, and the control reduces the rent to the market-clearing level initially, there may still be distortions with rigid controls. Rigid rent control makes it likely that future land rent would be below market-clearing levels, and these expected future savings would be capitalized into current prices. Hence, rigid rent control is expected to have the biggest impact on current values of housing units. One way to protect the sitting housing unit owners from rent gouging, without granting permanent rights to the lower rental payments, is to allow for decontrol of rent at turnover. Sitting tenants are protected from unforeseen increases in land rents, and new tenants will pay a higher rental rate than sitting tenants but would also be protected against future unforeseen increases in rents. In this case, there is an incentive for sitting housing unit owners to stay in their homes longer than they would if rent-control benefits were transferable; and there are incentives for landlords to charge initial rents that are above market rates in anticipation of future restrictions.

VII. Testing The Divided Immobile Asset Ownership Model

As the divided asset ownership model suggests, in jurisdictions that have seen major land rent increases, legislative reaction has been common. For example, in relation to mobile home parks, California has seen widespread enactment of rent control. Al- though the first rent control was enacted in 1977, by 1993 more than 100 jurisdictions had such an ordinance. The effect has been swift and far-reaching. As more and more jurisdictions have imposed rent control, fewer and fewer new parks were built. Ship- ments of mobile homes into California declined steadily from 29,036 in 1977 to 4,865 in 1992 Table 1. So did the percent of such shipments in the United States going to California, from 10.9 in 1977 to 2.3 in 1992. A simple regression model reinforces the impression that rent controls have been highly correlated with the decline in mobile home shipments. A model in the following general form was run with some variables omitted in some runs Shipments 5 f~controls, res-law, apt-rent, price 4 where controls represents the number of jurisdictions with mobile-home rent control, res-law is a dummy variable set to one when the Mobile Home Residency law is enforced, 20 apt-rent is the apartment rent in California deflated by the Rental Consumer Price Index, 19 Arnott, R. 1995. “Time for Revisionism on Rent Control?” Journal of Economic Perspectives 9:99 –120. 20 For a description and discussion of Mobile Home Residency Laws, see Hirsch, W.Z., and Hirsch, J.G. 1988. “Legal-Economic Analysis of Rent Control in a Mobile Home Context: Placement Values and Vacancy Control.” UCLA Law Review 35:399 – 466. 393 W.Z. H IRSCH AND A.M. R UFOLO and price is the level of mobile home prices in Western states deflated by the Consumer Price Index. 21 Four variants of the equation were estimated. The results are shown in Table 2. In all formulations, the effect of the number of jurisdictions with rent controls is of high magnitude and statistical significance. The estimates indicate that each jurisdiction adopting mobile-home rent controls reduces the number of mobile homes shipped to California by between 200 and 300 units per year. Higher apartment rents increase the number of mobile home shipments, as expected. Only the price variable is open to some question. It has a positive effect that is significant in one equation but not in another. Likely, this reflects the supply of units in response to prices, but it may be confounded by demand effects as well as the effect of rent controls on mobile-home prices; however, the small number of observations precluded simultaneous estimation. The importance of the rent control variable in the equation can be illustrated through the construction of “Beta Coefficients,” which render the regression coefficients more readily comparable by subtracting their means and dividing them by their respective standard errors. The estimated coefficients of 21.01, 20.368, 20.587, and 0.261, respec- tively, indicate the relative importance of the rent control variable. Alone, it has almost the same size impact on shipments as do the other three variables combined the absolute value of its coefficient, 1.01, is not much smaller than that of the others summed together, 1.216. These results do not demonstrate causality, because high and rapidly rising land prices might have made mobile homes an unattractive housing alternative at the same time that the rising rents caused existing mobile-home owners to seek rent-control protection. A previous empirical study applied the capitalization model to estimate the effect of rent control on the value of mobile-housing units. The study covered the State of 21 Western State prices were used in the absence of prices for California alone. TABLE 1. Shipments of mobile homes and number of jurisdictions with rent control, California, 1977–1992 Year California Nation Proportion No. of jurisdictions 1977 29,036 277,289 10.86 1 1978 22,360 275,881 8.10 6 1979 17,707 277,372 6.38 17 1980 12,694 221,565 5.73 27 1981 11,384 240,906 4.73 30 1982 7,604 239,502 3.17 39 1983 11,075 295,553 3.75 49 1984 10,451 295,677 3.53 60 1985 10,045 283,794 3.54 67 1986 10,520 244,341 4.31 70 1987 9,651 232,823 4.15 75 1988 10,517 218,264 4.82 79 1989 10,763 198,083 5.43 82 1990 9,706 188,251 5.16 89 1991 6,022 170,900 3.52 92 1992 4,865 210,453 2.31 97 Source: U.S. Bureau of the Census, Housing Units Authorized by Building Permits, various years 1979 –1993. 394 Immobile housing assets under divided ownership California in 1984 –1986, where about 39 of all mobile homes were in rent-controlled communities. 22 Statistically, highly significant multiple correlation results indicate that sales prices were on average about 8,800 or 32 higher in communities that had imposed rent control on mobile-home park rents. This finding still suffers from possible simultaneity bias, because the areas with the greatest increases in housing prices and land rents may have faced the greatest political pressure to impose rent control. The next study pertains to the Laguna Vista Mobile Home Park in Oceanside, Califor- nia, which had 265 pads in 1986 –1992. 23 Of the 265 pads, 103 were under long-term lease when the Oceanside rent control ordinance went into effect in February 1985. The law specified that pads under long-term lease were not subject to rent control, while the other 162 pads were rent controlled. The leases were for 15 years, with a 5-year renewal at the discretion of the park owner. Such leases were a common option in mobile home parks at the time, but many residents chose not to enter into such arrangements. Between March 1986 and August 1992, there were 94 transfers, with some homes changing hands more than once. Two sales identified as bankruptcy sales were excluded from the analysis, and another two sales were excluded due to missing data. A hedonic regression model used age, width, square footage, presence or absence of rent controls, and a dummy variable for sites with a lake view, and time of sale. A variety of functional forms were estimated, with little change in the results. The following equation is representative t-ratios in parentheses: 22 Hirsch, op cit.: 212–226, and Hirsch and Hirsch, op cit. 23 Laguna Vista is a high quality park with six acres of greenbelts, eight lakes, tennis court, a library, a large recreation center, and an Olympic size swimming pool. The homes are of high quality, with carports and attractive landscaping. TABLE 2. Mobile-home shipments and rent control in California, 1977–1992 Equation 1 Equation 2 Equation 3 Equation 4 Constant 240,067 261,186 229,517 251,117 24.5068 23.5019 22.2353 22.9419 Rent controls 2196.190 2277.074 2255.50 2320.869 27.3781 25.5826 27.3144 27.2254 Res-dummy 29,009 — 28,306 — 26.5158 — 23.9094 — Apt-rents 17,526 24,929 22,259 28,359 5.1559 3.6866 4.4819 4.1518 Price 755.907 614.933 — — 4.2138 1.6361 — — R 2 .9753 .9799 .9354 .8532 ADJ R 2 .9663 .8499 .9193 .8306 F 108.5637 29.3177 57.9357 37.7669 t-Ratios in parentheses. Sources: Mobile home shipments to showrooms in California 1,000s, U.S. Bureau of the Census, Housing Units Authorized by Building Permits, various years, 1979 –1993; number of jurisdictions with mobile home rent control, Western Mobilehome Parkowners Association, California Communities With Rent Control, July 1993; apartment rents in California deflated by Rental Consumer Price Index, State of California, California Statistical Abstracts, various years, 1978 –1992; Mobile home prices in Western States deflated by Consumer Price Index, U.S. Bureau of the Census, Housing Starts, Current Construction Reports, 1979 –1993. 395 W.Z. H IRSCH AND A.M. R UFOLO Price 5 2115453 1 1868 lmonth 2 6246 lage 1 6003 width 21.53 1.42 24.04 1.76 1 22532 lsqft 1 4212 lakeview 1 3531 rentcontrol 2.14 2.56 1.97 R 2 5 0.45 Adj. R 2 5 0.41 N 5 90 where an l at the beginning of a variable indicates that the natural logarithm of the variable was used in the estimation and where month is the number of months into the period starting with January 1986, age is the age of the unit in years at the time of the sale, width is a dummy variable equal to 1 if the unit was a triple and zero for a double all units were doubles or triples, sqft is the size of the unit in square feet, lakeview is a dummy variable with a value of 1 if the unit had a view of the lake and zero otherwise, and rentcontrol is a dummy variable with a value of 1 if the unit was under rent control and zero otherwise. The individual coefficients appear reasonable. Sale price was estimated to increase with time and decrease with age. A triple was estimated to have a 6,000 premium even after adjusting for square footage. The implied value of increased size was about 15 per square foot for units of around 1500 square feet. The coefficient on the rent control dummy implies that, during 1986 –1992, sales prices of mobile homes under rent control were 3,531, or 8, higher than prices for the uncontrolled ones. This strongly suggests that the impact of rent control was to reduce the rent below market clearing levels, as found in the long-term leases. Again, there are caveats to this conclusion because the long-term leases might represent the impact of landlords exercising their ability to impose abovemarket land rents. In any case, this offers evidence that the increase in prices associated with rent controls is indeed due to the impact of the controls. Thus, rent control can impose losses on park owners through reduced rent adjust- ments. If the owner tried to sell the park to escape the impact, the park values would be lower as rent control is capitalized into lower prices that potential buyers are willing to pay for the park. This value may be further reduced by the damaging effect of rent control on risks perceived by potential buyers of the park. For their heightened risk, they could be expected to use a higher interest rate to capitalize expected rents into land values, further reducing prices they are willing to pay for the park. Thus, rent control ordinances impose burdens on landlords that can result in a wealth transfer to tenants. However, it must be remembered that such ordinances were typically enacted in response to large rent increases, even rent gouging. Thus, prior to the enactment of rent control, landlords may have been the beneficiaries of a wealth transfer from tenants. For certain purposes, it might be useful to take into account both the net wealth transfers during the periods before and after enactment of rent control. For this purpose, information would be needed on 1 rent control associated housing unit value losses incurred by tenants in the period before enactment of rent control and gains accrued in the period following it, and 2 park value gains and losses by landlords in the two respective periods. This information would allow estimates of the net wealth transfer of tenants and of landlords, respectively, during the pre- and postcontrol periods. To the best of our knowledge, no estimates of either tenant or landlord wealth transfers in the period preceding rent control have been made. Estimates of tenant wealth transfers would require analysis of the value of mobile home units in various communities prior to the enactment of rent control. Although it is difficult to find data for this analysis, it is even more so for park value data. 396 Immobile housing assets under divided ownership In the absence of empirical information on wealth transfers, it may be worthwhile to look at the potential for implicit contracts to affect rents. The typical constraint on a landlord under implicit contracts would be that any attempt to extract abovemarket rents from existing tenants would make it difficult to attract new tenants. Hence, the nature of the park and the business of the owner may have substantial implications. A park that is still expanding or one where the owner is in the business of developing mobile-home parks would be much more constrained by reputational concerns than one that is full and owned by someone with no intention of developing other parks. Hence, it may be possible to look at the likely implicit contracts and make some judgments as to whether rent increases are constrained or are likely to reflect an attempt to appropriate quasi-rents. The above analysis seems consistent with the conclusion that implicit contracts were largely working before rent controls, and that rent controls were an attempt to transfer ownership benefits from landowners to coach owners. If the opposite was the case and rent gouging was common, one might expect that few people would be interested in owning mobile homes. The fact that in California in the period preceding rent control the supply of parks increased rapidly while it virtually dried up when controls were enacted, makes it difficult to accept the notion that rent controls largely offset oppor- tunistic behavior.

VIII. Summary and Conclusions