Rethinking Zoning to Accommodate the Elderly in Single Family Housing

Even without the newest data from the 1990 census, it is clear that the demographics of U.S. households have changed and that the goal of the 1949 Housing Act, “a decent home and suitable living environment” for all Americans, still eludes us. It is not surprising that attention has turned toward the issues embodied in the goal of providing “affordable housing.” One approach is to disaggregate the populations of concern. The elderly are a large and increasing segment of the population who need affordable housing. In the absence of significant government subsidies, attention has turned to use of the existing housing stock. Planners and others concerned with the provision of appropriate housing have devised, and in some places implemented, programs to enable the elderly to age in place. These include 'shared' arrangements, as well as small accessory apartments and elder cottages. In many cases, however, zoning impedes developing and placing such affordable housing. In many states, “home rule” prevails. Community land-use policy and decisions are made at the municipal level. In most communities, land-use policy, embodied in a plan and implemented through zoning, was devised when household composition was significantly different from what it is today. Zoning ordinances often no longer serve housing needs. This paper examines recent efforts to overcome the zoning barriers to shared group quarters, accessory apartments, and elder cottages for one segment of the population, the elderly.